Icy Conditions in Winter

[BigBusBob]

Winter is coming again, I've driven in snow/ice before -
with big and small trucks of all kinds, and tour busses as well.

My question is -
because it's not happened to me, thankfully, so far...

I'm on an icey road, I get into an accident with another vehicle.
Who is going to be at fault? OR... because it's icey do they just blame it on weather and insurance forgets about it or ???

I'm sure there could be many variables that could or could not affect the answer to this question...
However, simply put, ice on road - truck vs. car... who's at fault?
What happens to who and how is it handled?
What are fines for that kinda stuff?
Bob.

 

[DannyD]

Hiya Bob,

Like ya said there's a ton of variables. It's not always just blamed on the weather though. Certain standards of who's at fault would be the person behind sliding into someone ahead of them, crossing a center line, slidindg thru a light/stop or any other indication the person didn't have their vehicle under control. I'm not a cop so I don't know for sure, but I'd have to think those are some of the things they use before they blame it on the weather.

Be well,
Danny

 

[darkunicorn]

Most of the time hates to say it but it is deemed the commercial drivers fault even if they hit you in the rear go figure.

Alvin

 

[tec1959]

BBB, If the roads are Icy aren't commerical vehicles suppose to get off the roads??? Looks like It would be your fault...

 

[BigBusBob]

Not true... that is a grey area of the law when it comes to getting off the road if the roads are icey.

Many drivers will say "if there's ice, I'm stopped".
However, most of us as drivers on here will all agree that it's easier said than done. Most drivers on here, myself included, have driven when we're technically "probably" not supposed to...
speaking specifically in regards to bad weather.

Ice is bad, ice can make anybody and/or darn near anything slide on the road surface. I've driven 18 wheelers past tractors pullin' doubles on Ice... and none of us had chains on!
If he hit me OR I hit him... chances are we'd both be at fault right? since niether 1 of us should have been on the road driving to start with.

Ice is dangerous to drive on, and yes, unfortunatly in most cases a commercial vehicle driver is automatically to blame regardless.

Variables say it all, I was just saying that suppose you're driving, you hit ice and you slide into a vehicle... weather is fair, roads and traffic are fair... where's the blame go?
Probably still the truck driver.
Anynody had experiences with this? Just curious.
Thanks, Bob.

 

[Moot]

I don't believe there is any law that states a commercial must not drive in icy conditions. Unless of course the road has been closed. Or in the mountains when chain laws are in effect.

I did hear a state trooper on the c.b. tell a driver pulling an O.D. load during snowy conditions that he was to get off at the next exit where there was a truckstop and shut down.

I tangled with a four-wheeler in snowy conditons. It was 3:00 a.m. I was pulling a set of doubles and as I passed this car he came over and hit my right steer forcing me onto the dirt shoulder. He must have got hung up on my lugs nuts momentarily and then got kicked out in front of me broadside where he disappeared at the end of my hood. He then shot out on the left side and into the median ditch. I ended up in the ditch also. Tractor and both trailers upright. I ran back to the car thinking the worst. A dome light came on and felt some relief. I banged on the window and the driver rolled it down. A man driving and a woman passenger, both fine. The car smelled like a burning twine factory.

A state trooper showed up shortly and he radioed for a couple of wreckers. I filled out an accident report and he wrote me a $150.00 ticket for improper passing. One of the wrecker drivers heard about the ticket and told me he had pulled this same car and driver out of a ditch a few hours ago. And the same trooper was at the scene. I got the wrecker guy's name and number.

Long story short, I found the car in Minneapolis early the next morning and took pictures. I now carry a disposable camera with me. My company gave me a day off without. This even before my court date.

I retained an attorney in the county I was charged in. I pleaded not guilty at my first appearance. Prior to my second court date my attorney showed the pictures, and a statement from the wrecker driver to the judge. It got tossed out. The state trooper was well known for writing flakey tickets to out of state truckers.

I got my $150.00 back and my company had to pay for my day off.

My advice is always carry a camera and if innocent fight it. No matter what the cost. In my case it ended up costing me about $200, well worth it.

Be careful this winter. As I type it is blowing and light snow in Minneapolis. Heading to the Big Yellow Cat in Decatur, Ill. TTFN

 

[tmbm]

As said there are many varibles. Usually someone will be sited for "driving too fast for conditions" or "not allowing a safe, assured following distance". The media certainly tries to make it sound like it is the trucks fault, and some traffic officers may assume it's the trucks fault. Something you have to keep in mind is there is a difference - we are professionals and expected to be held to higher standards. The other vehicle may get the ticket, but you may very well still get a "preventable accident" from your company and it will be on your record. We are expected to (and always should) do everything possible to avoid the accident even if the other person is at fault. An example when I drove T/T, a lady was coming off the ramp much faster than the traffic was flowing on the highway. There were three lanes in our direction, I am in the center lane avoiding the ramps because it was the start of rush hour. As I watch her in my right mirror I know she is going to try to cut in front of me as she reaches the traffic in the lane to my right, so I slow down to give her room. She starts to come over then for some reason changes her mind and cuts hard back to the right just as the car in front of her taps their brakes. She panics and slams on her brakes and goes into a spin. Traffic to my left,can't change lanes. Now I accelerate to try to get out of her way, but T/T just don't speed up that quickly. She spins 270 degrees and ends up hitting me in my trailer tandems, shatters the front end of the car. All things considered it was the "safest" place she could hit, the tires absorbed a lot of the impact. Had I not accelerated, she would of ended up under the trailer and I probably would of rolled over top of her. If somehow I could of accelerated more she would of either hit the ICC bumper or missed me and been T-boned by one of the cars behind me. My point, I was given a "non-preventable" because I did all I could to avoid the accident even though she was without a doubt "at fault". If I hadn't done what I did, not only would I had been given a "preventable", but very well may of killed her and her passenger...BTW, no one was injured, just her car.