Weather in West Virginia can change fast. One moment, the sky is clear. The next, you face heavy rain, fog, or even snow.
While these weather shifts can be a simple annoyance for most drivers, they can be extra dangerous when commercial trucks are involved. A large truck slipping or skidding on an icy highway can cause serious accidents. But who is at fault if the weather is partly to blame?
Here, our truck accident attorneys will explore how West Virginia law looks at weather-related commercial truck accidents. We will discuss what happens when a truck driver does not slow down in bad weather, how multiple drivers can share blame, and why professional truckers must be extra careful.
What Do West Virginia Courts Say about Speed and Visibility in Bad Weather Conditions?
Courts in West Virginia have been clear: if a driver goes so fast that they cannot stop within the distance they can see, it is considered negligence. This is true even if the weather conditions are making it harder to see, like when there is fog or mist. In cases like Divita v. Atlantic Trucking Company and Wolfe v. Beatty Motor Express, Inc., the courts found that truck drivers were responsible because they did not control their vehicles during poor weather (see Wager v. Sine, 157 W. Va. 391 for more).
If you drive faster than you can safely stop, you put others at risk, and the law sees that as careless driving. This rule makes sense: the worse the weather, the slower you should drive. If you do not adjust for conditions, you are not being responsible on the road.
Can More Than One Driver Be Liable for a Truck Accident in Poor Weather?
Sometimes, more than one driver acts carelessly at the same time. For example, one truck driver might be speeding in the rain, while another car driver might suddenly cut into traffic without a signal. In situations like these, West Virginia uses the idea of “concurrent negligence.” This means that if multiple drivers cause the crash through their own bad choices, each of them can share the blame.
In Sigmon v. Mundy, 125 W. Va. 591, the court found that both drivers were so careless that it was impossible to decide who caused more of the accident. When that happens, the court can hold them both liable. For people hurt in such a crash, this can mean they might receive compensation from more than one insurance policy or driver, as the law sees both parties as partly at fault.
What Special Duty Do Commercial Truck Drivers Have in Bad Weather?
All drivers should be careful in bad weather, but commercial truck drivers have a higher responsibility. They drive bigger vehicles and often carry cargo or hazardous materials. That is why West Virginia law says they must exercise “special care” when the weather is bad.
In Billiter v. Melton Truck Lines, 187 W. Va. 526, the court explained that truck drivers must:
- Adjust their speed for conditions
- Keep a good lookout for other vehicles
- Stay aware of weather changes like rain, fog, or reduced visibility
Truck drivers could be found negligent if they fail to do these things. Being a truck driver is a professional job, and with that job comes extra responsibility to drive safely, especially when the roads are dangerous.
What Happens If the Truck Driver Blames the Weather?
You might wonder, “What if the driver says the crash was just the weather’s fault?” Well, the law does not simply accept bad weather as an excuse. While snow, ice, or fog can make driving more difficult, the truck driver is still expected to slow down or even pull over if conditions are too severe.
Bad weather does not wipe out a driver’s responsibility. For example, if a truck is going 70 mph in heavy snow and hits someone, the driver cannot just say, “The snow caused it!” The driver had a choice to slow down or stop. Failing to do so means they did not act responsibly.
How Does Negligence Work in a Weather-Related Crash?
Negligence is a legal term meaning someone did not do what a reasonable person would do in a given situation.
In weather-related commercial truck accidents, this can mean the driver:
- Drove too fast for rainy, snowy, or foggy conditions
- Did not turn on lights or fog lamps when visibility was poor
- Followed other cars too closely, leaving no room to stop on a slick road
- Ignored warnings about icy roads or high winds
If any of these actions lead to a crash, the truck driver (or even the trucking company) could be held liable. Liability means they are legally responsible for the damage caused by their negligence.
What If the Trucking Company Shares the Blame?
Sometimes, it is not just the driver’s fault. The trucking company might also be responsible if they forced the driver to work too many hours or ignored safety guidelines. For instance, if a company told the driver to rush a delivery even during a winter storm, that might be considered putting profit over safety. If that behavior helped cause a crash, the company could share liability.
Companies are supposed to train their drivers on how to handle bad weather, keep vehicles in good working order, and not push employees to break safety rules. If they fail in these duties, they could face legal consequences. For victims in a weather-related commercial truck accident, looking into the trucking company’s policies and practices can be an important step in finding out who is at fault.
Why Contact Our West Virginia Truck Accident Lawyers
Our West Virginia truck accident lawyers at Desai Law understand the state’s laws and court cases involving weather-related truck accidents. We know that cases like Wager v. Sine, Sigmon v. Mundy, and Billiter v. Melton Truck Lines set important rules for how courts decide who is liable. Our West Virginia truck accident attorneys can help you gather evidence, figure out the role weather played in the crash, and see if the truck driver or company did enough to keep everyone safe.
Dealing with a trucking company’s insurance can be tough. They might try to blame the weather or even say that you caused the crash. Having our West Virginia truck accident lawyers on your side can make a big difference. Our lawyers can talk to witnesses, study police reports, and look for any sign that the truck driver did not follow safe practices, like adjusting speed or watching out for other cars.
Is It Harder to Win a Weather-Related Truck Accident Case?
Not necessarily. While the driver may try to blame the weather, West Virginia law does not let someone avoid blame if they failed to drive safely. If the driver or trucking company was negligent, a judge or jury can still hold them liable. Of course, proving negligence can sometimes be complex. You might need expert witnesses to talk about driving behavior in certain weather. Or you may need data from the truck’s event data recorder to show its speed at the time of the crash.
But if you can show that the driver was going too fast, did not have lights on, or ignored other safety steps, then the weather excuse may not help them. Courts look at all the facts: how severe the weather was, whether the driver slowed down, and whether they used caution. If they did not, then the law says they acted irresponsibly.
Call Desai Law If You Have Been Hurt in a Weather-Related Commercial Truck Accident
If you or someone you love has been hurt in a weather-related commercial truck accident, you should not face the aftermath alone. Bad weather can be dangerous, but it does not automatically shield trucking companies or drivers from blame if they acted carelessly.
Call Desai Law at (304) 974-1974 today to learn more about how we can help. Our team of West Virginia truck accident lawyers is here to guide you step by step. We will look at the details of your case, gather evidence, and fight for the compensation you deserve.
Weather should never be used as an excuse for reckless driving, especially when so many people share the road. Reach out now, and let us help you find a path forward.
