Extreme Caution in Hazardous Conditions
Every driver knows that commercial trucks and tractor trailers can be extremely dangerous on the road. Commercial trucks are especially dangerous because of their sheer size and weight, which makes them harder to stop. These and other factors make collisions between tractor trailers and passenger vehicles incredibly damaging.
Attorney Robert “Bob” Byrne
Truck drivers must follow a number of specific rules of the road to make sure their heavy trucks are controlled and safe in all conditions. Perhaps one of the most important is the rule that a truck driver must use “extreme caution” when driving in “hazardous conditions.”
This rule is based on a federal regulation that is part of the Federal Motor Carrier Safety Regulations, at 49 C.F.R. § 392.14. This particular provision states:
- 392.14 Hazardous conditions; extreme caution.
Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.
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This provision has a couple of different components to it that explain what is required of commercial truck drivers.
First, this regulation explains what constitutes hazardous conditions. As the regulation makes clear, such conditions may include anything that affects either visibility or traction. This will typically be weather conditions. It can be fog, ice, snow, mist, rain, or sleet. Any of those things could make roads slippery, which affects traction. But those conditions could also impact visibility, as they can impact how far ahead a driver can see.
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Conditions that impact traction and visibility are not just limited to weather conditions, however. Visibility and traction could be impacted by other things as well, such as dust or smoke, which could also impair a driver’s ability to drive safely. This list is not complete, meaning that there may be additional conditions that are not listed here that could be considered hazardous conditions.
Second, this regulation then requires tractor trailer and other commercial motor vehicle drivers to respond in a certain manner to such conditions. When faced with these hazardous conditions, the regulation requires commercial truck drivers to use “extreme caution.”
The regulations do not provide as much guidance on what “extreme caution” means. But some of the requirements for extreme caution are common sense. A driver must drive slowly enough to maintain control so that driving is reasonably safe despite the hazardous conditions. That means that if conditions are too foggy, slippery, or otherwise hazardous, a trucker should decide not to drive at all rather than take a dangerous chance.
Virginia’s Commercial Drivers License Manual provides some helpful information about how a driver can drive with extreme caution when facing hazardous conditions. Driving with extreme caution should also mean taking other common-sense steps:
- Reducing truck speed by 1/3rd — even if that means driving well below the posted speed limit — which allows drivers being able to slow down or stop to avoid any obstacles that might emerge due to hazardous conditions;
- Not driving at such a speed that a truck driver tries to pass other vehicles that are driving slowly;
- Driving a steady speed, not one that requires a driver to speed up and slow down;
- Not using cruise control but driving a slower speed that allows the driver to adjust speed easily and quickly;
- Driving at such a speed that it is possible to come to a controlled, gradual stop well within the visible range of sight, even in light slippery road conditions. Drivers should follow the 12 to 15 second rule, and that might require the driver to slow to a crawl or even stop;
- Slowing down much more than usual for certain road obstacles, such as curves and hills.
There is no question that meeting some of these standards will be difficult for a truck driver to meet. The regulation understands that, however: that’s why it says that the safest course of conduct for a commercial trucker might be to avoid driving altogether in hazardous conditions. While this may be inconvenient, there is little question that it safest way to operate for everyone on the road.
This rule is pretty clear and not very complicated for drivers to follow. But the reality is that most truck drivers will face immense pressure to travel and deliver their load as quickly as possible. That is because they may get paid by the load or by the mile. Either way, it is hard for them and the trucking company they work for to get paid if they are driving slowly or not driving at all. For that reason, trucking companies often pressure drivers to keep driving and to drive as fast as possible to complete loads. This places truck drivers in very difficult positions and may cause them to get in otherwise avoidance crashes.
It is always critical to check to see whether a crash occurred in conditions that impacted visibility or road traction. When that happens, the hazardous conditions might allow a monetary recovery that would not be possible under normal weather conditions.
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If you or a loved one have been injured because a tractor trailer did not use extreme caution while driving in hazardous conditions, you may have the right to recover money damages. We believe we can help you or your family. Among other things, our law firm is the first and only law firm in Virginia that has an attorney who is Board Certified in Truck Accident Law. Robert “Bob” Byrne achieved that honor after years of demonstrating his experience in trucking crash accidents, taking a mini bar examination focused on trucking accidents, and passing a rigorous peer-review process where other attorneys and judges noted his experience successfully handling tractor trailer crash cases.
For a free, no obligation consultation with an experienced Virginia truck accident attorney, please call Robert E. Byrne, Jr. at MartinWren, P.C. You will not owe a fee or any money unless we recover money for you.
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