Determining Fault in a Hydroplaning Truck Accident Lawsuit
When heavy rain falls, a layer of water forms on the highway pavement. If a vehicle travels too fast, its tires lose contact with the road and slide on top of the water, a dangerous phenomenon known as hydroplaning. When a massive semi-truck hydroplanes, it loses all braking and steering control, turning into an unstoppable hazard.
If you were struck by a sliding commercial vehicle, filing a hydroplaning truck accident lawsuit requires defeating the trucking company's favorite legal excuse: that the weather was an unavoidable 'act of God'.
Federal motor carrier regulations state that commercial drivers must exercise extreme caution when hazardous conditions exist. If the road is wet, CDL manuals instruct drivers to reduce their speed by at least one-third. Failing to slow down during a storm is direct evidence of driver negligence.
Proving Negligence in a Wet Weather Crash
To win a hydroplaning lawsuit, your attorney must prove the truck driver or company failed to take basic safety precautions. We focus on two main areas:
- Worn Tire Tread Depth: Tires require deep grooves to channel water away from the tread. Federal law dictates that front steer tires must have a minimum tread depth of 4/32 of an inch, and rear tires must have 2/32 of an inch. If the company ran the truck on bald tires to save money, they are fully liable for the slide.
- Driving Too Fast for Conditions: We will download the truck's Event Data Recorder (black box) to prove the driver was maintaining highway speeds despite heavy rain and standing water, violating basic commercial driving rules.
Defeating the 'Act of God' Defense
Corporate insurance adjusters will try to claim the storm was an unpredictable event that excuses their driver. However, rain is a normal weather occurrence. A commercial driver is a trained professional who is legally obligated to pull over at a truck stop or highway shoulder if the storm is too severe to drive safely.