Posted by : attorney stevelee 02 November 2014

Neither Dust, Fog, nor Rain: No Excuses for Houston Truck Driver to Drive Too Fast!

Have you been in an accident with a truck on one of Houston’s busy streets or highways? Were road conditions or visibility poor, maybe from dust, rain, or smoke? You may not think that 49 C.F.R. §392.14 has much to do with your accident, but it is very likely your ticket to compensation for your pain and suffering.

That’s because 49 C.F.R. §392.14 is part of the Federal Motor Carrier Safety Regulations, and it states that trucks drivers are required to exercise “extreme caution” when operating in hazardous conditions that affect visibility and traction. Truck drivers must slow down when these conditions exist, and if they persist or worsen, the driver must stop driving until it becomes safe to do so.

Using the Rules to Prove Your Case

Sure, the whole thing may sound like common sense, but this regulation could be the key to your success when pursuing compensation for your injuries. When you face a trucking company in court, you will quickly learn that they are full of excuses and legal heavy hitters.

When this particular rule makes it way to trial, it is a very powerful ally to have on your side. Every case that uses this particular regulation has noted that a jury must be advised on the “extreme caution” rule that governs commercial drivers.

While everyone—even you—should be careful when the roads get slick, the standards that you are held to are much lower than those of a professional commercial driver. As a person who drives simply to get where you are going, you are expected to exercise reasonable care—and yes, this does still mean you should slow down if the roads are bad! Truck drivers’ “extreme caution” is an even higher standard of being careful, it also means that these drivers must proactively avoid hazards that could exist.

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