If you have spent even one winter in the City of Brotherly Love, you know all too well that the weather here during the colder months is often anything but lovely. However, even if the roads are iced up from an overnight freeze, from fallen sleet or snow, or for any other reason, you are still expected to drive carefully and in such a way that you do not put other people around you at risk of getting hurt through a preventable traffic accident.
This duty of care—which every driver owes equally to everyone else on Pennsylvania’s public roads— often makes it possible to sue commercial truck drivers over Philadelphia truck accidents involving icy roads, even if that trucker did not violate any traffic laws leading up to the crash. If you were recently hurt in this type of collision, you should reach out to an experienced truck accident attorney for help getting the best possible outcome from your lawsuit or settlement demand.
Icy Weather and a Truck Driver’s Duty of Care
In brief, holding someone legally at fault for injuries stemming from a traffic collision generally requires proving that they were negligent. More specifically, this entails proving that another person directly caused the wreck through a reckless or careless action. Most of the time, the breach of duty which leads to a traffic accident is something expressly illegal like speeding, drunk driving, or texting behind the wheel.
However, it can also be something that was simply irresponsible under the circumstances—for example, driving at the normal speed limit even though the road ahead is visibly covered in ice. So, suppose a truck driver causes a crash in Philadelphia specifically because they did not adjust their driving behavior to account for icy conditions. In that case, they have breached their duty of care, regardless of whether what they did was illegal or not. This is because what they did created an unnecessarily high risk of an accident.
Holding Trucking Companies Liable for a Driver’s Negligence
Although the truck driver is often at fault for icy road wrecks in Philadelphia, others may also share civil liability. For instance, a mechanic who failed to replace faulty brakes may be partially or primarily liable for an icy road truck crash if proper brakes likely could have prevented it.
Trucking companies can also often be held vicariously liable for injuries their employees cause through the negligent operation of company-owned vehicles. This is a lot trickier to manage when a truck driver is an independent contractor performing contract work for a trucking company, so it is worth discussing legal options with a skilled attorney before filing suit.
Discuss Legal Options With a Philadelphia Attorney After a Truck Accident Involving an Icy Road
Anyone who drives any vehicle on public roads should know how to keep that vehicle under control during both good and bad weather conditions. However, given how much heavier a tractor-trailer is than even the largest passenger car, truck drivers must be especially careful during wintery weather—an obligation which, unfortunately, not every trucker fulfills.
If you were involved in a Philadelphia truck accident involving an icy road, support is available from our knowledgeable legal team. Call today for a free consultation.