Texas weather can change from clear skies to torrential downpours in minutes, creating hazardous conditions that challenge even the most experienced commercial drivers. When trucking accidents occur during severe weather events, determining liability becomes significantly more complex than standard collision cases. The interplay between driver decisions, company policies, federal regulations, and acts of nature creates a web of legal considerations that both plaintiffs and defendants must navigate carefully.
At Fahl & Donaldson, we’ve defended trucking companies through countless weather-related accident cases across Texas. Our attorneys understand how weather conditions impact liability determinations and know how to build strong defenses when Mother Nature becomes a factor in commercial vehicle accidents. From sudden Gulf Coast storms to ice storms in the Panhandle, we help transportation companies protect their interests when weather complicates accident claims.
The “Act of God” Defense in Texas Trucking Cases
Weather-related trucking accidents often invoke discussions of the “Act of God” defense, though this legal concept requires more than simply bad weather to succeed. Under Texas law, an Act of God must be an unusual and extraordinary natural phenomenon that couldn’t have been reasonably anticipated or prevented. A typical thunderstorm rarely qualifies, but unprecedented flooding, tornadoes, or historic ice storms might meet this threshold.
The defense requires proving that weather was the sole cause of the accident, a challenging standard when commercial driving is involved. Plaintiffs will argue that professional drivers should anticipate weather hazards and adjust their driving accordingly. They’ll scrutinize whether the driver checked weather reports, reduced speed appropriately, or should have pulled off the road entirely.
Successfully asserting this defense requires comprehensive weather data from the accident time and location. Meteorological experts can testify about the severity and unprecedented nature of conditions. Historical weather patterns for the area help establish whether the event was truly extraordinary or simply challenging driving conditions that professionals should manage.
Federal Regulations and Weather-Related Driving Decisions
The Federal Motor Carrier Safety Administration (FMCSA) addresses adverse weather conditions in its regulations, creating both obligations and protections for commercial drivers. These regulations acknowledge that drivers must slow down when conditions affect visibility or traction, but they also recognize that extreme weather may require stopping altogether.
Key regulatory considerations during weather events include:
- Speed must be reduced when weather affects visibility or road conditions
- Drivers can refuse to operate when they reasonably believe it’s unsafe
- Companies cannot discipline drivers for refusing to drive in hazardous conditions
- Hours of service regulations may be suspended during declared emergencies
- Drivers must use extreme caution when conditions become hazardous after a trip begins
These regulations create a framework for evaluating driver and company decisions during weather events. Defense attorneys must demonstrate that drivers followed both regulations and company safety protocols. Documentation of weather-related training, company weather policies, and driver communications about conditions becomes crucial evidence.
Building Your Weather-Related Accident Defense
Defending weather-related trucking accidents requires immediate and thorough investigation while conditions and evidence remain fresh. Road conditions, visibility levels, and precipitation amounts at the accident scene must be documented through photographs, official weather reports, and witness statements. This evidence helps establish the actual conditions drivers faced rather than relying on general weather reports from distant stations.
Technology plays an increasingly important role in these defenses. Dash cameras can show actual visibility and road conditions, while telematics data reveals vehicle speed, braking patterns, and stability control activation. ELD data combined with weather radar helps establish timelines and demonstrates whether drivers encountered unexpected conditions or continued driving despite known hazards. This objective data often contradicts plaintiff claims about driver negligence.
Company policies and driver training records significantly impact liability determinations. Strong weather-related training programs, clear shutdown policies, and documented safety meetings demonstrate reasonable care. Evidence that drivers received specific training on Texas weather hazards and had authority to make safety-based routing decisions can shift focus from corporate pressure to professional judgment.
Comparative Fault and Weather Conditions
Texas’s modified comparative fault system allows for allocation of responsibility between multiple parties, including consideration of weather’s role in accidents. Even when weather contributed to an accident, plaintiffs may bear responsibility for their own driving decisions during dangerous conditions. This might include traveling too fast for conditions, following too closely, or failing to maintain proper equipment like tires or windshield wipers.
Weather conditions can actually strengthen certain defenses by highlighting the plaintiff’s own negligence. If visibility was severely limited, why didn’t the plaintiff also slow down or stop? If roads were icy, did the plaintiff’s vehicle have appropriate tires? These questions help juries understand that all drivers, not just commercial operators, bear responsibility for adjusting to weather conditions.
Protect Your Business with Experienced Trucking Defense Attorneys
Weather-related trucking accidents require attorneys who understand both transportation law and the unique challenges Texas weather presents to commercial drivers. Fahl & Donaldson combines extensive trial experience with deep knowledge of FMCSA regulations and Texas liability law to build strong defenses for our trucking clients. Our attorneys have successfully defended weather-related accidents ranging from multi-vehicle pile-ups in fog to jackknife incidents on icy overpasses, securing favorable outcomes that protect our clients’ businesses and reputations.
We work with meteorologists, accident reconstruction experts, and transportation safety professionals to build comprehensive defenses that accurately portray weather’s role in accidents. If your trucking company faces liability claims involving weather conditions, contact us to discuss how we can protect your interests.