Strong winds can turn a routine drive into a dangerous situation, especially for large trucks. When strong winds lead to a crash in Harrisburg, identifying liability is important for victims seeking compensation.
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If you were involved in a truck accident due to strong winds, you may have legal options. Call our Harrisburg truck accident lawyers to learn about your potential legal rights. We offer a free consultation, so there is no risk in contacting us today.
Learn more about how we can help: 717-727-2500.
Who May Be Liable in a Truck Accident?
Liability refers to one or multiple parties’ legal responsibility for damages or injuries caused by their actions or inactions during an accident. When a truck accident happens due to strong winds, these parties could still be liable for the crash.
The Truck Driver
Licensed truck drivers are required to go through training to know how to handle harsh weather conditions. Truckers must exercise good judgment and take necessary precautions when strong winds make driving difficult.
If the truck driver acted carelessly or dangerously despite poor weather conditions, they may be liable for any damages from the crash.
Some actions that could deem truckers liable are:
- Failure to reduce speed in windy conditions
- Ignoring wind advisories or warnings
- Improper load distribution
- Inadequate vehicle maintenance
- Distracted driving or fatigue
The Trucking Company
If a truck driver is an employee and acted within the scope of their employment during the accident, the trucking company could be liable for the driver’s actions.
Companies could become liable in these types of scenarios.
- Inadequate driver training programs
- Encouraging or pressuring drivers to meet unrealistic deadlines
- Failure to implement or enforce safety policies for adverse weather
- Improper vehicle maintenance practices
- Negligent hiring or retention of drivers with poor safety records
The Cargo Loader
If cargo is not secured or distributed correctly, it could increase the risks of a truck rolling over in strong winds. After an accident, liability could fall on whoever is responsible for loading the truck, whether a driver, trucking company or a third-party logistics provider.
Cargo-related liability factors include:
- Overloading the trailer beyond legal weight limits
- Failure to secure cargo with appropriate tie-downs
- Using damaged or inadequate restraints
- Neglecting to perform pre-trip cargo inspections
The Truck or Parts Manufacturer
Vehicle defects or faulty parts could cause accidents caused by strong winds. The truck’s manufacturer or parts supplier could be liable if a mechanical failure occurs because of a manufacturing flaw or design issue.
Potential manufacturer liability issues include:
- Defective tires prone to blowouts
- Faulty braking systems
- Structural weaknesses in the trailer or cab
- Malfunctioning electronic stability control systems
- Inadequate warnings or instructions regarding vehicle limitations
Government Entities
Local, state or federal agencies in charge of road conditions may share responsibility for an accident. Although government entities usually have some protection against lawsuits, there are exceptions if you and your attorney can prove negligence.
Potential government liability factors include:
- Failure to post adequate wind warnings or advisories
- Neglecting to close roads or restrict truck traffic during dangerous conditions
- Poor road design that exacerbates wind-related hazards
- Inadequate maintenance of wind barriers or other safety features
- Malfunctioning traffic control devices
Other Drivers
Even though strong winds might be the main cause of a truck accident, other drivers’ actions can also worsen some situations. If drivers do not give trucks enough space or make sudden moves near a semi-truck, they could share responsibility for the crash.
Factors that could make other drivers liable:
- Tailgating or following too closely behind a truck
- Unsafe passing maneuvers during windy conditions
- Sudden lane changes or stops in front of a truck
- Distracted or impaired driving
- Failure to adjust driving behavior to weather conditions
How Can I Prove Negligence?
To establish liability, victims need to show that negligence occurred. Negligence includes these aspects:
- Duty of Care: The responsible party must act reasonably to ensure safety.
- Breach of Duty: When a party did not meet a duty by doing something wrong or failing to act.
- Causation: This involves proving that a party’s negligent actions directly led to the accident. In accidents caused by strong winds, causation helps determine whether the accident was due to the driver’s negligence or unavoidable weather conditions.
- Damages: The victim’s injuries or damages from the crash, including medical bills, lost wages and pain and suffering
Factors Influencing Liability in Wind-Caused Truck Accidents
In Harrisburg, various factors can determine who is liable for wind-related truck accidents. Here are some of the critical elements that could be considered:
Weather Conditions
The severity of the wind and overall weather conditions at the time of the accident are important. Strong winds can seriously impair a driver’s ability to control a truck. If the weather is particularly harsh, responsibility might shift based on how the driver responds to those conditions.
Precautions Taken
In each case, the insurance company or court will determine if the driver took appropriate precautions for the weather conditions. Reducing speed, increasing following distance and using hazard lights may affect liability.
Eyewitness Accounts and Evidence
Statements from witnesses and evidence such as police reports, traffic camera footage and accident reconstruction can provide valuable insight into the cause of the accident. It could help determine liability.
Modified Comparative Negligence
In Pennsylvania, a crash victim could secure compensation if they are 50 percent or less at fault. If a victim is more than 50 percent at fault, they cannot recover compensation.
You should know that your percentage of fault reduces your compensation. For example, if you are 20 percent at fault and your total compensation is $100,000, you would receive $80,000.
Contact a Harrisburg Truck Accident Lawyer
Strong winds may result in serious truck accidents in Harrisburg. If you need assistance determining liability after a driver’s negligence in a car crash, do not hesitate to seek legal help.
At Schmidt Kramer, we are here to help. You can schedule a free consultation with one of our attorneys to help you determine your legal options. We do not charge any upfront costs or fees. Our firm does not get paid unless we win your case.
Call 717-727-2500 to schedule your free consultation.