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While Philadelphia does not get as many storms as other metro areas along the Atlantic Coast, the City of Brotherly Love still sees its fair share of inclement weather, especially in the colder winter months. As part of the “duty of care” that all drivers owe to everyone on the road, commercial truckers are expected to account for poor weather and road conditions. This may mean slowing down, putting their hazard lights on, or even pulling over if necessary to minimize the risk of a wreck.
When you are hurt in a crash because a trucker failed to act responsibly while driving through rain, snow, sleet, or fog, it may be possible to pursue financial compensation. Bad weather truck accidents in Philadelphia tend to make for uniquely complex personal injury cases, so having help from a seasoned truck accident attorney is especially important to achieving a positive result from your claim.
Who Could Be Liable for a Truck Wreck Caused by Bad Weather?
Any successful lawsuit or settlement demand over a truck crash must establish someone’s “negligence”—in other words, proving that a truck driver’s specific reckless or careless act was the main cause of an otherwise preventable accident. An irresponsible act along these lines in legal terms is a “breach of duty,” and it can take the form of anything from a simple moment of carelessness to an overtly illegal action.
While Philadelphia police officers may sometimes ticket people for driving too fast for road conditions, it can be challenging to prove that a trucker’s failure to account for bad weather is the direct cause of a crash. Some accidents may stem partially or even primarily from negligence by a third party, such as a mechanic who failed to make sure a truck’s brakes were in safe working order before that truck’s driver took it out into the rain. A dedicated legal professional can provide essential guidance about who may be legally at fault for a particular wreck and what legal options are available to injured individuals.
Recovering for Damages While Avoiding Comparative Fault
If an injured person in Philadelphia can prove someone else’s negligence during bad weather conditions was the root cause of a truck accident, they can pursue compensation for both economic and non-economic losses stemming from the crash. Examples of recoverable damages include:
- All medical expenses for accident-related injuries, including expected costs of future care
- Lost short-term work income and/or long-term earning capacity
- Personal property damage, including vehicle repair/replacement costs
- Physical discomfort and pain
- Emotional distress and psychological trauma
- Lost quality of life, including lost consortium
To recover the full value of their losses, it is important for an injured person filing suit to prove their own negligence did not contribute to causing their injuries. Otherwise, courts may reduce the injured party’s compensation based on their share of “comparative fault.” A dependable lawyer can help prove why a negligent person or entity should be wholly responsible for providing financial compensation to injured individuals.
A Philadelphia Attorney Can Help Following a Bad Weather Truck Accident
Severe weather can dramatically reduce visibility and traction while driving, especially if your vehicle is dozens of feet long and carrying multiple tons of cargo. Unfortunately, not every commercial truck driver has the skills, experience, or energy to avoid putting themselves and others at risk during inclement weather.
Bad weather truck accidents in Philadelphia can be the basis for civil litigation, but it may be challenging to prove negligence without an attorney’s insight. Call Lowenthal & Abrams, Injury Attorneys, today to discuss your legal options.
