Experienced Truck Accident Lawyers Examine Winter Driving Liability
Winter weather creates significant safety challenges on our Wisconsin, Iowa, and Illinois roads. Operating a commercial truck requires additional precautions, and when accidents happen, questions of liability become more complex.
At Hupy and Abraham, S.C., we've helped numerous clients understand their rights after winter truck accidents. Our record of securing more than $1 billion in awards for our clients demonstrates our ability to handle complex commercial vehicle cases effectively. Let our truck accident lawyers explain the key factors that affect liability in winter crashes and what you need to know about your legal rights.
Key Factors That Affect Winter Truck Accident Liability
Weather conditions alone don't determine fault in winter truck accidents. We evaluate several critical elements, such as:
- Driver preparation. Commercial drivers must complete pre-trip inspections, including checking tire tread, ensuring windshield wipers work effectively, and verifying that all lights function correctly.
- Equipment maintenance. Trucking companies must ensure their fleet is winter-ready with appropriate tire chains, properly functioning defrosters, and well-maintained brake systems.
- Speed. While posted speed limits apply to ideal conditions, commercial drivers must reduce their speed appropriately when facing winter weather challenges.
- Following distance. The standard following distance is one second for every 10 feet of vehicle length. This distance must increase when roads are snow-covered or icy.
Winter Weather Safety Regulations for Commercial Trucks
Commercial truck drivers need to adhere strictly to all federal and state regulations in place for winter driving. The Hupy and Abraham, S.C. legal team regularly handles truck accident cases where violations of these requirements played a key role.
Required Equipment Standards
The Federal Motor Carrier Safety Administration (FMCSA) mandates specific equipment standards for winter operation. Commercial trucks must carry tire chains in states where required by law, maintain a minimum tire tread depth of 4/32 inch on steering axles, and ensure all lights and reflectors remain clear of snow and ice.
Visibility Requirements
Regulations require drivers to maintain clear sightlines in all weather conditions. Windshield wipers must function properly, defrosters must operate effectively, and all windows should be free of ice and snow accumulation. A spotter may be required when backing or maneuvering in areas with limited visibility due to snow.
Load Securement Updates
Winter conditions can affect how cargo needs to be secured. Additional tie-downs may be required when roads are slick and weight distribution becomes even more critical. Drivers must regularly check their load during winter routes, as snow and ice accumulation can affect overall vehicle weight.
Weather-Related Service Hours
While Hours of Service regulations remain in effect during winter weather, drivers must exercise good judgment regarding safe parking locations. The FMCSA's adverse driving conditions exception allows for extended driving time when unexpected weather develops, but drivers must document these decisions appropriately.
Emergency Protocol Requirements
Commercial drivers must carry specific emergency equipment during winter months, including:
- Extra clothing and blankets for potential long-term weather delays
- Emergency flares or triangles that remain visible in snowy conditions
- Working flashlights with extra batteries for nighttime emergencies
- Communication devices that function in remote areas
- Basic snow removal equipment for clearing lights and reflectors
Route Planning Regulations
Carriers must provide drivers with up-to-date information about:
- Road closures and chain requirements along planned routes
- Safe haven locations for waiting out severe weather
- Alternative routes that avoid high-risk winter driving areas
- Weight station status and hours during winter storms
- Emergency contact procedures for weather-related issues
The Wisconsin truck accident attorneys at Hupy and Abraham, S.C. understand how these regulations affect liability. Our deep knowledge of winter operation requirements helps us build more robust cases for our clients throughout Wisconsin, Iowa, and Illinois.
Common Winter-Specific Violations in Truck Accident Cases
At Hupy and Abraham, S.C., we frequently see these winter-specific violations when investigating truck accident cases:
- Inadequate tire tread depth
- Rushed or incomplete pre-trip safety checks
- Dangerous speeds
- Close following
- Inaccurate logging of weather-related stops and equipment checks
- Improper cargo distribution and securement
- Visibility hazards
- Tire chain violations (varies by state)
- Defroster problems
- Poor brake maintenance
Establishing Liability in Complex Winter Cases
Multiple parties may share responsibility in winter truck accidents:
- The trucking company bears responsibility for ensuring proper maintenance and establishing clear winter weather policies. Their procedures for load securing and route planning come under scrutiny.
- Drivers must demonstrate they followed proper winter driving protocols. This includes maintaining appropriate speeds, using required safety equipment, and making sound judgment calls about weather-related stops.
- Third-party contractors, such as road maintenance providers, shippers and brokers, or cargo loaders may share liability if their actions contributed to the accident.
- Vehicle manufacturers may be liable if defective winter-specific components, such as defrosters, wiper systems, or brake parts, caused the crash.
- Government entities can also be held liable for their role in a truck wreck. Improper road design that creates hazardous winter conditions or inadequate warning signs may expose a government to liability.
Hupy and Abraham, S.C.’s Approach to Winter Truck Accident Investigations
When you contact us about a winter truck accident, our experienced legal team works fast to protect your rights. Here's what our Milwaukee truck accident lawyers do:
- We collect critical weather evidence while it's still available. This includes gathering official weather reports, obtaining traffic camera footage, and documenting road conditions. The sooner you contact us, the better chance we have of preserving this vital information.
- We work with highly qualified accident reconstruction experts who understand winter driving conditions. These specialists help us demonstrate precisely how weather, vehicle maintenance, and driver decisions contributed to your crash. Their testimony often proves crucial in establishing liability.
- We thoroughly examine all relevant documentation. This includes the truck driver's logbooks, the company's winter operation policies, maintenance records, and driver training materials. We look for any gaps in proper procedure or evidence of negligent practices.
- We also investigate the trucking company's overall safety record. We review their previous accidents, particularly those involving winter weather, and examine their policies for handling dangerous conditions. This history can reveal patterns of unsafe practices.
- Since multiple parties may share responsibility for your accident, we identify all potential sources of compensation. This might include the truck driver, trucking company, maintenance providers, or other entities whose actions contributed to the crash.
Having secured more than $1 billion in awards for our clients, we understand what evidence insurance companies need to see before offering fair settlements. Our "win or it's free guarantee” demonstrates our commitment to building a robust case for each client. It’s why so many people throughout Wisconsin, Iowa, and Illinois have trusted us with their winter truck accident cases.
