![\"\"](\"http:\/\/www.michiganautolaw.com\/auto-lawyers-blog\/wp-content\/uploads\/2010\/03\/truck-driving-hazardous-conditions.jpg\" "\\"truck-driving-hazardous-conditions\\"")
<\/a>Weather is almost never a valid excuse for causing a truck accident<\/a>.\u00a0 I\u2019ve taught at several trucking seminars and case workshops for lawyers around the country, and I\u2019m always surprised by the number of lawyers bringing truck accident cases that occurred in bad weather; and how worried they are about a \u201csudden emergency\u201d argument from the defense at trial.<\/p>\nLet\u2019s nip this misconception in the bud right now.<\/p>\n
Truck accident lawyers<\/a> should rely on 49 CFR \u00a7 392.14. Under this important federal regulation, the law requires \u201cextreme caution\u201d in the operation of a commercial motor vehicle when “hazardous conditions\u201d such as those caused by snow, ice, sleet, fog, mist, rain, dust or smoke, can adversely affect visibility or traction. Under this regulation, speed \u201cshall\u201d be reduced when such conditions exist. If the conditions become \u201csufficiently dangerous,\u201d the truck driver is required to stop operating the truck and wait until weather conditions improve.<\/p>\n It is also important to note that many states actually go one step further. For example, Michigan has Commercial Driver\u2019s License (CDL) guidelines<\/a> that require truck drivers to\u00a0 reduce the speed of the truck by\u00a0 two-thirds of the posted speed limit on hazardous roads. I\u2019ve downloaded a lot of black boxes after serious truck accidents. I see trucks going over the posted speed limit, or going the posted speed limit in terrible weather conditions. I have yet to see a truck that was going two-thirds or less than the posted speed limit.<\/p>\n The takeaway is simple: Weather will almost never be an excuse for causing a serious truck accident.\u00a0 Unless you are talking about a truly unforeseen, \u201cact of God,\u201d with no warning whatsoever – it came from the heavens-type of weather pattern – all <\/em>of these serious truck accidents could have been prevented<\/strong>.<\/p>\n And bad driving judgment in terrible weather usually goes hand-in-hand with hours of service violations and driver fatigue<\/a>.<\/p>\n The Michigan Basic Speed Law requires a truck driver to travel at a \u201ccareful and prudent\u201d speed in all driving conditions.\u00a0 This translates into driving at a speed that allows one to stop within the clear distance ahead before crashing into another vehicle on the road. Depending on the weather conditions, speed may therefore be lower than that posted by a speed limit.<\/p>\n Here are some additional tips for truck drivers on avoiding accidents<\/a> when there’s inclement weather. You can also take a look at this list of special Michigan driving conditions<\/a>.<\/p>\n Yes, Michigan weather can cause treacherous road conditions. But weather should not play a role in causing truck accidents in Michigan<\/a> if the Federal Motor Carrier Safety Regulation and state CDL manual is followed.<\/p>\n My series on \u201cRules of the Road\u201d for truck accident lawyers from my recent truck litigation seminar in New Orleans will continue Thursday. Tomorrow, I want to discuss a great ongoing dialog I\u2019ve been having with several other lawyers and medical professionals on the critical connection between traumatic brain injury<\/a> and chronic pain. – Photo courtesy of Creative Commons, by OregonDOT<\/em> Issues that May Require Experts in Truck Accident Cases<\/a><\/p>\n Truck Industry Myths<\/a><\/p>\n Find a Lawyer for Your Truck Accident Case<\/a><\/p>\n Michigan Truck Accident Attorney Videos<\/a><\/p>\n Previous blogs from \u201cRules of the Road Every Truck Accident Lawyer Needs to Know\u201d series:<\/strong><\/p>\n Rules of the Road: Intro for Truck Lawyers <\/a><\/p>\n Truck Driver Fatigue<\/a><\/p>\n Truck Lawyers: Get Your Hands on Those Discovery Documents! <\/a><\/p>\n Investigate the Trucker’s Background and History<\/a><\/p>\n Truck Driver Qualification Files<\/a><\/p>\n What Truck Accident Lawyers Must Know About Black Boxes<\/a><\/p>\nMichigan Weather and Truck Accidents: Back to Basics<\/h3>\n
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\n–\u00a0\u00a0\u00a0 Steven M. Gursten<\/a> is recognized as one of the nation\u2019s top experts in serious truck accident injury cases. He serves on the board of governors for the Association of Plaintiffs Interstate Trucking Lawyers of America.\u00a0 Steve is past-president of the American Association for Justice Truck Litigation Group. Recently, he was named a Michigan Lawyers Weekly Leader in the Law for his efforts to promote truck safety.<\/em><\/p>\n
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