In most cases, weather conditions don’t impact construction truck accident claims. If you were injured in an accident and the driver attempted to blame the weather, our Alpharetta construction truck accident lawyers can help you fight for the compensation you deserve.
Why Does Weather Not Impact a Construction Truck Accident Claim?
Drivers are expected to adapt their driving to the surrounding conditions, including traffic, construction, and weather. For example, if it starts raining, drivers should turn on their windshield wipers and headlights, slow down, and increase their following distance. If the rain is bad enough, they should pull over until visibility improves.
If they fail to do so and cause an accident, they are likely liable. They cannot simply blame the rain or another adverse weather condition for an accident. Our Alpharetta truck accident lawyers can help establish that your accident is a result of the truck driver’s negligence, not the weather.
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Weather Conditions That Can Cause or Contribute to an Accident
Any weather conditions that affect visibility or cause the roads to become hazardous can cause or contribute to a truck accident in Alpharetta. That could include:
- Rain can make the roads slick, which can increase the time it takes to brake, reduce tires’ grip on the roadway, or cause hydroplaning.
- Fog can decrease visibility. This can make seeing even a few feet in front of you impossible. Most people also don’t know the safest ways to drive in fog (e.g., using your low-beam headlights and never your high beams), which can increase the risk of an accident.
- High winds can make it difficult to control a vehicle. The driver may swerve or even roll over.
- Sun glare can make it almost impossible to see. This is especially true if your windshield is streaky.
- Temperature extremes can contribute to an accident as well. High or low temperatures can affect tire pressure, leading to a blowout or flat. Failure to check tire pressure can leave a driver liable for an accident caused by a flat or blowout.
- Ice is rare in and around Alpharetta, which means that drivers likely aren’t used to driving on icy roads. They may not know what to do when encountering ice (e.g., staying calm, not applying the brakes, turning the steering wheel) and may, instead, slam on the brakes, spin out, and cause a serious crash.
- Hail can be incredibly distracting. It can break side windows and cause a crash if the driver is too focused on the hail and not the road.
Proving Liability in a Weather-Related Construction Accident Claim
While adverse weather conditions don’t mean that a driver is off the hook for a construction truck accident, you will need to establish how their negligence makes them liable for your accident and injuries. To prove negligence, you must establish the following:
- The construction truck driver had a duty of care to you. A duty of care is the responsibility of performing some action to keep another person safe. For example, drivers owe other road users a duty to drive safely.
- The construction truck driver breached that duty. Typically, a breach is some sort of negligent action. Let’s use inclement weather in a few examples.
- It’s raining extremely hard, and visibility is very poor. The driver should pull over until they can see better. They fail to do so and, instead, put other road users at risk.
- A storm brought in high winds, with gusts up to 70 miles per hour. This makes it almost impossible for the driver to control their truck, but they choose to drive from one job site to another.
- The construction truck driver’s breach caused your accident and injuries. Let’s continue the examples from above.
- The driver was unable to see your vehicle stopped in front of them and rear-ended you, causing serious spinal cord damage.
- The driver swerved into your lane and sideswiped your vehicle, causing a traumatic brain injury and organ damage.
- You sustained damages, such as medical bills, lost wages, lost earning capacity, and pain and suffering.
Evidence We May Need to Prove Negligence
The evidence we need depends on the specifics of your case. However, common forms of evidence our team gathers include:
- Witness statements
- Data from the truck’s black box or electronic data recorder
- Expert witness statements
- The truck driver’s drug and alcohol test results
- Surveillance video
- Photos
- The driver’s personnel file
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What Compensation Can I Recover in a Weather-Related Construction Accident Claim?
You may be able to recover compensation for your:
- Medical bills
- Lost wages
- Lost earning capacity
- Miscellaneous expenses related to your accident
- Pain and suffering
- Other non-economic damages
If you lost a loved one in a construction truck crash, an Alpharetta wrongful death lawyer can help you recover:
- Lost income
- Lost benefits
- Lost services
- Medical bills your loved one incurred before their passing
- Funeral and burial expenses
- Lost care and companionship
- Lost counsel and advice
Our team can investigate your personal injury or wrongful death case to determine what damages you can recover.
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Do I Qualify for Workers’ Compensation Benefits for My Construction Truck Accident?
You may qualify for workers’ compensation benefits if you were driving for work when the accident happened or if the construction truck accident occurred on your job site.
If you qualify, your medical care and a portion of your lost wages will be covered. All you need to do is prove that:
- You were injured in a work-related construction truck accident, and
- You did not intentionally cause the accident, and
- You were not intoxicated or engaged in horseplay at the time of the accident.
Get Help After a Weather-Related Construction Truck Accident
While drivers cannot blame weather conditions for an accident, they often try. This can make determining liability more complex than it should be. However, this isn’t something you need to worry about. Our Alpharetta personal injury lawyers will establish liability for your accident and fight for every dollar you deserve. Call Bader Law Injury Lawyers today for a free consultation.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
