Truck Accidents Have Special Rules that Favor the Injured Driver
Car vs. Truck Accidents: Understanding the Legal Advantages
Truck accidents have special rules that can favor car drivers in collisions with trucks. The best personal injury lawyers know these rules and can use them to your advantage. In some cases, the law holds truck drivers to higher standards of care than ordinary drivers..
9 C.F.R. § 392.14 is titled Hazardous conditions; extreme caution. 9 CFR 392.14 means 9 Code of Federal Regulations section 392.14.
This is a federal rule that has the force of law. There are numerous regulations that truckers have to follow. If they don't they can be held responsible for your injuries. Sometimes a truck can be held at fault but a car would not be held at fault. We have had a case where the insurance company claimed that both cars were speeding so liability should be split 50-50. This is where 9 CFR 392.14 came in to play.
Understanding 9 CFR 392.14: Truck vs. Car Accident Liability
Federal Regulations and Truck Driver Responsibility
Truck drivers must adhere to numerous federal regulations, including 9 CFR 392.14, which has the force of law1. If truckers fail to comply, they can be held responsible for your injuries. Sometimes, a truck can be held at fault in situations where a car would not be.
Case Example: Liability Dispute
In one case, the insurance company claimed that both cars were speeding, so liability should be split 50-50. However, 9 CFR 392.14 played a crucial role in determining fault. This regulation states that truck drivers must exercise extreme caution when hazardous conditions, such as snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed must be reduced under such conditions, and if they become too dangerous, the truck must be stopped until it can be safely operated. Whenever compliance with this rule increases the hazard to passengers, the truck may be operated to the nearest point where passenger safety is assured.
Comparing Federal and State Standards
The basic speed law requires drivers not to drive at a speed “greater than is reasonable or prudent having due regard for weather” (Veh. Code, § 22350). In contrast, the federal standard requires commercial vehicle drivers to use “extreme caution” and reduce speed when hazardous conditions exist (49 CFR 392.14). This distinction was pivotal in our argument.
Jury Interpretation of the Rules in Truck vs. Car Accidents
When it comes to truck accidents, the interpretation of terms like “extreme caution” and “reasonable or prudent” can significantly impact a jury’s decision. Lawyers often debate whether these terms make a real difference in court. Some argue that both essentially mean “drive safely” and adhere to the same speed laws. If a truck driver was speeding and caused an accident, they are at fault, regardless of whether the standard is “extreme caution” or “ordinary care.”
However, there are counterarguments. One perspective is that the truck’s speed is the critical factor. If the truck was going too fast and caused the accident, it’s at fault. The terms “reasonable,” “prudent,” or “extreme caution” might only matter if a speed that seemed safe turned out to be unsafe due to unexpected events. For instance, a truck traveling at a reasonable speed might still cause an accident if a deer suddenly jumps out, and swerving to avoid it doesn’t meet the “reasonable driving speed” standard but could violate the “extreme caution” standard.
Understanding these nuances is crucial in truck accident cases, as they can influence the outcome of a trial and the determination of liability.
Higher Duty of Care in Truck Accidents: Weaver v. Chavez
In the case titled Weaver v. Chavez (App. 2 Dist. 2005) 133 Cal.App.4th 1350, the court determined that the federal regulation created under the Commercial Motor Vehicle Safety Act imposes a higher duty of care than the “reasonable or prudent” standard in California’s basic speed law. This regulation, found in 9 CFR 392.14, requires truck drivers to exercise extreme caution under hazardous conditions such as snow, ice, sleet, fog, mist, rain, dust, or smoke.
In situations where there is an open question about whether the driver was proceeding too fast for weather or road conditions, this statute can tip the scale in favor of the injured person. The court’s interpretation in Weaver v. Chavez highlights the importance of adhering to these federal regulations to ensure safety and accountability on the roads.
Expert Legal Assistance for Truck Accidents
These sophisticated and important issues distinguish the truly top personal injury lawyers from standard injury firms. If you have been in an accident with a truck, our expert lawyers are ready to assist you. There is never any legal fee until you recover money.