Looking for an Ohio truck accident lawyer? Michael Leizerman has been named an Ohio Super Lawyer multiple times.
I have handled cases across the country. I am licensed in several states, and have local counsel in many states who I trust and work with closely. Select your state to learn more:
Truck Accidents: Hazardous Conditions
Truck accident attorney Michael Leizerman describes the dangers of out of service trucks and drivers, hazardous materials, truck and bus accidents, and other hazards, and notes the habits that can keep drivers safe.
In most states, a company is negligent if they've done something a jury finds is simply unreasonable. In a car accident, that means that the driver didn't use ordinary care. But when a tractor-trailer is in driving hazardous conditions, the federal law requires the truck driver to use extreme caution. The extreme caution standard pre-empts, or trumps, state law. The federal regulation is 49 Code of Federal Regulations section 392.14. It mandates that "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". It goes on to state that Speed shall be reduced when these conditions exist. There's even a requirement to stop driving altogether if a driver can't drive safely while those conditions persist.
For lawyers who are worried about any conflict between the state and federal standards, 49 C.F.R. § 392.2 makes it clear that if a regulation of the Federal Highway Administration imposes a higher standard of care than state law, the Federal Highway Administration regulation must be complied with.
