What If an 18-Wheeler Hit Me During Heavy Rain in Louisiana?

Those conditions do not automatically excuse an 18-wheeler driver who causes a crash.

In fact, dangerous weather may require a commercial driver to become more cautious.

If an 18-wheeler hit you during heavy rain in Louisiana, investigators should determine whether the truck driver adjusted speed and following distance for the weather, maintained control of the vehicle, properly maintained the truck’s tires and brakes, and reacted appropriately to surrounding traffic.

Does Rain Excuse the Truck Driver?

Not automatically.

Drivers are expected to account for actual roadway conditions.

FMCSA specifically identifies wet roads and reduced visibility as circumstances in which a commercial driver may be traveling too fast for conditions even when the vehicle’s speed is not above the posted limit.

The question therefore becomes whether the truck was being operated safely for the conditions that actually existed.

What Does "Too Fast for Conditions" Mean?

A speed limit represents a maximum under appropriate conditions.

Heavy rain can make a lower speed necessary.

FMCSA advises commercial drivers to adjust speed for weather, roadway conditions, visibility, and traffic.

Investigators may examine:

• rainfall;
• visibility;
• standing water;
• traffic speed;
• roadway conditions;
• truck speed; and
• driver behavior.

What If the Truck Rear-Ended Me?

Following distance becomes especially important on wet pavement.

If traffic slows, a commercial driver needs enough room to react and stop.

Questions may include:

• How closely was the truck following?
• How fast was it traveling?
• When did the driver brake?
• Was the driver distracted?
• Were the tires appropriate?
• Were the brakes maintained?

Dashcam footage may show traffic and weather immediately before impact.

What If the Truck Hydroplaned?

Hydroplaning should not automatically be treated as an unavoidable accident.

Investigators should determine why the truck lost traction.

Relevant factors may include:

• speed;
• standing water;
• tire tread;
• tire condition;
• braking;
• steering inputs; and
• vehicle maintenance.

Could the Tires Be Responsible?

Tires can become particularly important during heavy rain.

An investigation may examine:

• tread depth;
• inflation;
• visible damage;
• inspection records;
• maintenance records; and
• prior reports of tire problems.

The physical truck may need to be inspected before repairs alter its condition.

Could the Brakes Be Involved?

Yes.

Wet conditions can make adequate braking and proper following distance especially important.

If the driver claims the truck would not stop properly, maintenance and inspection records may become relevant.

What If the Driver Couldn’t See Me?

Reduced visibility is a reason for greater caution, not necessarily an excuse for continuing at an unsafe speed.

Investigators may ask whether the driver:

• reduced speed;
• increased following distance;
• used appropriate lights;
• monitored traffic; and
• considered whether conditions had become unsafe.

Could Distraction Make Rain Driving More Dangerous?

Yes.

Heavy rain already reduces the margin for error.

A driver looking at a cellphone, dispatch message, navigation system, or another device may lose critical reaction time.

FMCSA identifies electronic devices and dispatching systems as sources of commercial-driver distraction.

What Electronic Evidence Could Help?

Potential sources include:

• truck dashcam footage;
• GPS;
• telematics;
• electronic vehicle information;
• ELD information;
• dispatch records;
• cellphone information; and
• driver-facing video.

Weather data and roadway cameras may also provide useful context.

What If the Trucking Company Says the Weather Caused Everything?

Weather can contribute to a crash without being the only cause.

The investigation should determine whether driver or company decisions made the dangerous conditions worse.

For example:

• Was the driver going too fast?
• Was the driver following too closely?
• Were tires worn?
• Were maintenance problems ignored?
• Was the driver pressured to continue despite severe conditions?

Could the Trucking Company Be Responsible?

Potentially.

Company conduct may become relevant if the evidence involves:

• maintenance;
• unsafe equipment;
• scheduling;
• dispatch;
• training; or
• known safety problems.

What If Several Vehicles Were Involved?

Rain-related truck crashes can create chain reactions.

The sequence of impacts may need to be reconstructed using vehicle damage, video, witnesses, electronic information, and physical evidence.

What Injuries Can Result?

Wet-weather truck crashes can involve high-speed impacts, rollovers, and multiple collisions.

Potential injuries include:

• traumatic brain injuries;
• spinal injuries;
• fractures;
• internal injuries;
• crush injuries;
• nerve damage;
• paralysis; and
• permanent disability.

What If My Injuries Require Surgery?

Keep detailed medical documentation.

A serious injury may involve emergency treatment, imaging, specialists, injections, surgery, rehabilitation, and future care.

Also document missed work and employment restrictions.

What Insurance Could Apply?

Commercial liability coverage may apply to the motor carrier, and other policies may become relevant depending on additional responsible entities.

Coverage must be verified in each case.

What Should I Do After a Rain-Related Truck Wreck?

Seek medical treatment.

Photograph the roadway and weather if safely possible.

Save dashcam footage.

Identify witnesses.

Document the tractor and trailer.

Keep medical and employment records.

Do not assume "bad weather" means no one can be held responsible.

Jacqueline Scott & Associates Investigates Rain-Related 18-Wheeler Wrecks

Louisiana drivers cannot control the weather.

Commercial drivers can control how they respond to it.

If an 18-wheeler hit you during heavy rain, the investigation should determine whether the driver adjusted speed, maintained sufficient distance, paid attention, and operated properly maintained equipment.

Jacqueline Scott & Associates can investigate the driver, trucking company, electronic evidence, equipment, and commercial insurance.

Make ’Em Pay.

Call (318) 746-5997.

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 provides 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.