Rain, ice, fog, high winds, and other dangerous weather conditions can make it harder to control a tractor-trailer and increase the risk of a jackknife accident. But bad weather does not automatically excuse unsafe driving, inadequate maintenance, or a failure to adjust commercial truck operations to the conditions.
Truck drivers must account for reduced traction, visibility, and stopping distance when weather conditions deteriorate. Trucking companies also have responsibilities related to the condition and maintenance of their vehicles. After a weather-related jackknife crash, determining responsibility can require examining not only the weather but also the truck’s speed, following distance, braking, maintenance history, and the decisions made before the collision.
Why Does Bad Weather Increase the Risk of a Jackknife Accident?
A jackknife occurs when a truck’s trailer swings outward toward the tractor, creating an angle similar to a folding pocketknife, and once the trailer begins moving sideways, the driver can lose control as it swings across multiple lanes of traffic. Bad weather increases jackknife risk mainly by reducing the traction between a truck’s tires and the roadway. Heavy rain and standing water can create slippery surfaces or contribute to hydroplaning. Ice, snow, and slush can further reduce traction, while fog and heavy rain can limit how far ahead a driver can see. Strong winds can also make it more difficult to keep a large commercial vehicle stable.
A weather-related jackknife may involve several contributing factors. For example, wet pavement can reduce traction, but excessive speed or sudden braking can also make it more difficult for the driver to maintain control. The presence of bad weather does not necessarily establish why the truck jackknifed or whether the crash could have been prevented.
How Should Truck Drivers Adjust to Dangerous Weather Conditions?
Truck drivers must adjust their operation when weather affects visibility or traction. 49 CFR 392.14 requires commercial drivers to exercise extreme caution in hazardous conditions caused by rain, snow, ice, sleet, fog, mist, dust, or smoke, and to reduce speed when those conditions exist. If conditions become sufficiently dangerous, the regulation requires that commercial vehicle operation be discontinued until the vehicle can again be operated safely.
Texas Transportation Code Section 545.351(a) also requires motorists to drive at a speed that is reasonable and prudent under the existing circumstances. This means that traveling at or below the posted speed limit does not necessarily make a driver’s speed appropriate for heavy rain, ice, poor visibility, or other roadway hazards.
Depending on the conditions, safe operation may require a truck driver to:
- Reduce speed to account for reduced traction or visibility
- Increase following distance to provide additional stopping space
- Brake earlier and more gradually
- Avoid sudden steering, acceleration, or braking when possible
- Account for standing water, ice, wind, or other roadway hazards
- Stop operating the truck if conditions become sufficiently dangerous
These precautions can be particularly important for tractor-trailers because their size, weight, braking characteristics, and trailer movement can make a loss of control difficult to correct.
Can Poor Truck Maintenance Contribute to a Weather-Related Jackknife Crash?
Yes. A maintenance problem can contribute to a jackknife accident even when weather makes the roadway more dangerous. Tires and brakes can be especially important when traction is limited. Worn tires, improper tire pressure, brake problems, or other mechanical issues may affect the driver’s ability to slow or maintain control. Windshield wipers and lighting can also become important when rain, fog, or other weather reduces visibility.
49 CFR 396.3 generally requires motor carriers to systematically inspect, repair, and maintain commercial vehicles under their control and to keep parts and accessories affecting safe operation in proper condition. Maintenance records can help show whether a problem existed before the crash, when the truck was last inspected, and whether recommended repairs were completed. Bad weather and poor maintenance are therefore not necessarily competing explanations for a crash. Both can contribute to the same loss of control.
When Might a Trucking Company Be Responsible?
A trucking company may share responsibility for a weather-related jackknife crash when its own actions or failures contributed to the accident. Responsibility depends on the company’s role, the condition of the vehicle, and the circumstances leading to the crash. For example, questions may arise about whether the company properly inspected and maintained the truck, addressed known brake or tire problems, or allowed unsafe equipment to remain in service.
A trucking company can also be responsible for what its driver did. In bad weather, federal rules require a driver to use extreme caution, to slow down when snow, ice, sleet, fog, or rain affects visibility or traction, and to stop driving when conditions become dangerous enough (49 CFR 392.14). A driver who ignores that rule and jackknifes the truck may be negligent — and when a driver is working within the scope of the job, the company can be held responsible as well. That is a separate question from the ones above. Those ask what the company itself did. This one asks what the driver did, and who has to answer for it.
Dispatch records and communications can also matter. They show what the company and the driver knew about conditions along the route, and what choices were made as the weather worsened. Federal rules place duties on the company itself, not only on the driver. A trucking company must require its drivers to follow the federal safety rules (49 CFR 390.11), and it cannot set a schedule that a driver could only meet by speeding (49 CFR 392.6). So a company that watched a storm move across a route and left the delivery window unchanged made a decision of its own — one that is part of what caused the crash, separate from anything the driver did in the final seconds.
How Is Fault Determined When Weather Contributes to a Jackknife Accident?
Fault for a weather-related jackknife accident is determined by looking at the weather and roadway conditions alongside the driver’s speed, braking, and maintenance history, and the decisions the driver and trucking company made before the crash. Weather is one part of the investigation, not necessarily the complete explanation.
Relevant factors may include:
- Weather and roadway conditions at the time of the crash
- The truck’s speed before the loss of control
- The distance between the truck and surrounding vehicles
- The driver’s braking and steering
- Visibility and available stopping distance
- Tire and brake condition
- Inspection and maintenance history
- Driver and dispatch communications
- The actions of other motorists
More than one person or business can share responsibility for an accident. Texas Civil Practice and Remedies Code Section 33.001 establishes a proportionate responsibility system in applicable cases. A factfinder can assign percentages of responsibility among the parties, and a claimant’s damages can be reduced by the claimant’s own percentage of responsibility. A claimant generally cannot recover damages if their percentage of responsibility is greater than 50 percent.
This means a crash does not necessarily have to be attributed entirely to either the weather or the truck driver. Weather, driver conduct, vehicle condition, trucking company conduct, and the actions of other motorists can all potentially contribute to the same accident.
What Evidence Might Show the Causes of a Weather-Related Jackknife Crash?
Evidence from before, during, and after a jackknife accident can help establish the conditions the driver encountered and how the truck was being operated.
Relevant evidence may include:
- Weather reports and roadway-condition information
- Police crash reports and crash-scene photographs
- Dashcam, traffic camera, or surveillance footage
- Electronic logging device records
- Available engine or vehicle data
- Driver communications and dispatch records
- Tire, brake, inspection, and maintenance records
- Photographs of the truck and roadway
- Witness statements
Some evidence may also show how conditions changed during the trip. Driver communications, dispatch messages, video, and weather information, for example, may help establish whether visibility or traction had deteriorated before the crash. Vehicle data may provide information about speed or braking leading up to the loss of control.
Physical and electronic evidence can be lost, altered, repaired, or overwritten after a crash. An attorney may take steps to notify the appropriate people and businesses that relevant evidence should be preserved.
Call Bailey & Galyen After a Texas Jackknife Truck Accident
Bad weather can contribute to a jackknife accident, but determining what caused the crash may require looking at the driver’s decisions, the condition of the truck, the trucking company’s actions, and the available evidence.
Bailey & Galyen can review the circumstances of a Texas truck accident, help identify records that might be relevant, and explain the available legal options. Since 1982, the firm has helped individuals and families facing difficult legal problems, offering large-firm resources and personal attention.
Contact Bailey & Galyen to discuss your situation and possible next steps. Free consultations are available, and someone is available 24/7 to help you get started.
Frequently Asked Questions
1. Is a truck driver automatically not at fault for a jackknife accident if bad weather caused the truck to skid?
No. Bad weather can contribute to a skid or loss of traction, but the driver’s speed, following distance, braking, and response to the conditions can also affect responsibility. 49 CFR 392.14 requires commercial drivers to exercise extreme caution and reduce speed when hazardous conditions affect visibility or traction.
2. What type of legal claim can you file after a Texas truck accident involving bad weather?
An injured person may be able to file a negligence lawsuit against the truck driver, the trucking company, or both, depending on what actions contributed to causing the crash.
3. How long do you have to file a truck accident lawsuit in Texas?
In most cases, Texas Civil Practice and Remedies Code Section 16.003 requires a personal injury lawsuit to be filed within two years of the date of the accident. A different deadline can apply for a wrongful death claim or a claim against a government entity.
4. Can several factors contribute to the same jackknife accident?
Yes. Weather, driver conduct, truck maintenance, company practices, roadway conditions, and the actions of other motorists can all contribute to the same accident. Texas Civil Practice and Remedies Code Section 33.001 allows responsibility to be divided among multiple parties, and a claimant cannot recover damages as long as their own share of responsibility is no greater than 50 percent.
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