On this page
- Why Is Fog Dangerous for 18-Wheelers?
- What If the Truck Rear-Ended Me?
- What If I Had My Lights On?
- Could the Truck Have Been Traveling Too Fast Even Below the Speed Limit?
- What If the Driver Says the Fog Appeared Suddenly?
- Could Driver Fatigue Make the Situation Worse?
- Could Distraction Be Involved?
- What Electronic Evidence May Exist?
- What If the Truck Hit Several Cars?
- Could the Trucking Company Be Responsible?
- What If the Truck’s Lights Were Not Working?
- What Injuries Can Occur?
- What Damages May Be Involved?
- What Should I Do?
- Jacqueline Scott & Associates Can Investigate
If an 18-wheeler hit you during fog or another low-visibility condition in Louisiana, the driver cannot necessarily avoid responsibility simply by saying they could not see your vehicle.
The more important question may be:
Why was the truck traveling at a speed that prevented the driver from safely responding to what was visible ahead?
FMCSA specifically identifies fog and reduced visibility as conditions that require commercial drivers to adjust speed.
Why Is Fog Dangerous for 18-Wheelers?
Fog can limit a driver’s ability to see:
- stopped traffic;
- brake lights;
- intersections;
- curves;
- disabled vehicles;
- construction;
- pedestrians; and
- roadway hazards.
A truck traveling too quickly may enter a dangerous situation before the driver has enough distance to stop.
What If the Truck Rear-Ended Me?
This can happen when a truck approaches slowed or stopped traffic in fog.
Investigators may ask:
- How fast was the truck traveling?
- How far could the driver see?
- Was the driver following too closely?
- Were the truck’s lights operating?
- When did the driver brake?
- Was the driver distracted?
Dashcam footage may provide direct evidence of visibility before the collision.
What If I Had My Lights On?
Document that fact if it becomes disputed.
Vehicle inspections, witnesses, photographs, and video may help determine lighting conditions.
Could the Truck Have Been Traveling Too Fast Even Below the Speed Limit?
Yes.
A posted speed limit does not mean that speed is safe in every weather condition.
FMCSA advises commercial drivers to reduce speed when visibility and weather conditions deteriorate.
The appropriate speed depends on actual circumstances.
What If the Driver Says the Fog Appeared Suddenly?
Weather conditions can change, but the driver’s response should still be examined.
Investigators can review weather information, video, witnesses, and the driver’s route.
If the truck had been traveling through fog for miles, a claim that visibility unexpectedly disappeared may be tested against objective evidence.
Could Driver Fatigue Make the Situation Worse?
Yes.
Fog requires concentration.
A fatigued driver may have slower reaction time or reduced attention.
ELD records and other trip information may help determine the driver’s activity before the wreck.
Could Distraction Be Involved?
Yes.
FMCSA identifies phones, dispatch devices, eating, reading, and other activities as potential distractions for commercial drivers.
In poor visibility, even a short period of inattention can be dangerous.
What Electronic Evidence May Exist?
Potential sources include:
- dashcam footage;
- GPS;
- telematics;
- ELD records;
- dispatch communications;
- driver-facing cameras;
- cellphone information; and
- electronic truck information.
What If the Truck Hit Several Cars?
Low-visibility conditions can contribute to multi-vehicle pileups.
Determining responsibility may require reconstructing each impact separately.
Multiple drivers or entities could potentially share responsibility depending on the evidence.
Could the Trucking Company Be Responsible?
Potentially.
Investigators may examine company policies regarding severe weather, dispatch practices, scheduling, driver training, and safety supervision.
What If the Truck’s Lights Were Not Working?
Vehicle maintenance may become important.
Investigators can examine inspection and maintenance records as well as the physical truck.
What Injuries Can Occur?
Fog-related truck crashes may occur at highway speeds.
Potential injuries include brain injuries, spinal injuries, fractures, internal injuries, crush injuries, paralysis, and permanent disability.
Fatal injuries can also occur.
What Damages May Be Involved?
Depending on the facts, damages may involve medical expenses, future treatment, lost wages, reduced earning capacity, permanent limitations, and other legally recoverable losses.
What Should I Do?
Get medical care.
Preserve photographs and video.
Identify witnesses.
Save dashcam footage.
Keep medical and employment records.
If possible, document the visibility conditions close to the time of the crash.
Jacqueline Scott & Associates Can Investigate
Fog does not automatically make a collision unavoidable.
The investigation should determine whether the truck driver adjusted speed and operation to the limited visibility.
If an 18-wheeler hit you in fog or low visibility in Louisiana, call Jacqueline Scott & Associates at (318) 746-5997.
Make ’Em Pay.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This article is general educational information and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
