Spring in Southern Nevada doesn’t come quietly. By April, the Las Vegas Valley is regularly hammered by wind advisories, blowing dust, and visibility-killing haboobs that roll across open desert faster than drivers can react. For most motorists, that’s an uncomfortable drive. For an 80,000-pound semi-truck traveling at highway speeds, it can be a fatal one. It’s for this reason that the Las Vegas truck accident lawyers here at ER Injury Attorneys have prepared this guide on truck accidents caused by wind.
Why Do Las Vegas Wind Accidents Affect People so Badly While Driving?
The Las Vegas Valley is located in a natural wind corridor, which means that there are gaps between mountains that allow winds to blow through and increase their speed while approaching the metropolitan area. For instance, the Nevada Department of Transportation (NDOT) advises residents about high winds at I-15 near Jean, US-93 toward Boulder City, and SR-160 toward Pahrump in the spring. These winds blow with speeds from 35 to 50 miles per hour, sometimes reaching up to 65 miles per hour.
When visibility falls to zero because of blowing dust, driving on the 15 between Las Vegas and the California border becomes extremely dangerous for motorists. Truck drivers are particularly prone to accidents caused by strong winds. Large trailers serve as sails, meaning that strong gusts of wind can move a loaded trailer several feet within seconds.
The Standards Set by Federal Law for Commercial Drivers
There are certain expectations that people injured in accidents do not understand about commercial truck drivers. Unlike regular motorists, FMCSA rules mandate them to follow an even higher standard.
According to 49 CFR § 392.14, commercial drivers must operate the vehicle in a highly cautious manner in the presence of hazardous weather or any other similar factors that hinder safe operation. If such conditions are deemed to be extremely dangerous, FMCSA requires the driver to come to a halt and refrain from driving until it’s completely safe to resume.
This is a requirement, not a recommendation.
Additionally, the regulation imposes on companies the obligation to keep track of the weather conditions along their drivers’ paths and provide immediate communication of all hazards. Any company that ignores advisories before sending its drivers out into high-wind situations and forces them to continue driving against their better judgment to make deliveries is liable.
In other words, if a trucker continues driving in a dust storm on US-95 despite being urged by their dispatcher to meet their delivery deadline, then the weather wasn’t the reason why an accident occurred. The combination of human factors caused the accident.
Why “It Was All The Wind’s Fault” Is a Poor Defense Against Truck Accidents
Large trucking company insurance adjusters are adept at framing accidents based on inclement weather patterns. They will cite weather data, identify wind advisories and wind warnings, and explain how the accident was inevitable under such conditions.
But you shouldn’t buy into this defense.
Under Nevada law, the doctrine of comparative negligence applies, meaning there may be several parties responsible for an accident, even if the driver was aware of the dangerous conditions and chose to continue operating the vehicle anyway.
Some factors that could show negligence on behalf of a trucking company in Las Vegas wind accidents include:
- Driver logs and dispatch records. Here you can determine if the driver had knowledge of any wind advisories and if they were told to keep going despite them. This information could be useful in determining speed and driving patterns prior to collision.
- Documentation for trip planning and route. Was there something about the route that indicated the possibility of high winds that day? Did the company do a pre-trip weather check as required? Either way, documentation here or lack thereof could make an important difference.
- Hours of service records. A fatigued driver will not make good decisions in the face of unforeseen circumstances. If the truck driver had reached the end of their permitted driving time right before the wind incident, that could be very significant for your claim.
- Safety procedures. A quality company will have policies and training on dealing with winds. A company that does not have this or did not train the driver is certainly something your attorney should look into.
What Comes after Truck Accidents Caused By Wind in Las Vegas
In the chaos following a major collision, there’s a lot that you need to do. Here’s what you should be sure to do as soon as possible:
- Call emergency services. Regardless of whether you feel uninjured, reporting the incident at once is vital. Nevada Highway Patrol reports will be essential in any subsequent claims process, and their training includes making note of the weather and road conditions when documenting an accident.
- Photograph the evidence. Should you be physically capable, try to document the road, your location in relation to the crash, the location of the truck, skid marks, and any dust or debris. Conditions change rapidly; capturing them in the immediate aftermath can provide valuable evidence.
- Do not speak to the insurance adjuster. It may be tempting to offer a statement on the spot, but resist the urge. The insurance company’s representative is already assembling a case against you. You need proper legal counsel before speaking to anyone.
- Visit a doctor on the same day. The adrenaline rush means you might not feel the impact of a high-impact collision yet. Soft tissue injuries, internal damage, and traumatic brain injury aren’t always obvious until hours later.
- Contact a personal injury attorney who handles commercial truck cases. Las Vegas wind accidents involving semis aren’t standard car accident claims. They can involve federal regulations, black box data, multiple potentially liable parties, and insurers with dedicated litigation teams. You need someone in your corner who knows how to evaluate all of these details and build a strong case on your behalf..
Here to Help with Truck Accidents Caused By Wind
The Las Vegas personal injury lawyers at ER Injury Attorneys are here to provide you with the information you need regarding truck accidents caused by wind—and we’re here if you need help with the claim process after a wreck.
We’re available to help you 24 hours a day, 7 days a week. You can reach us right now by dialing 702-878-7878 and online through LiveChat or the contact form.
We represent accident victims throughout Southern Nevada, including Henderson, Summerlin, Pahrump, Boulder City, Laughlin, and beyond. Get in touch with us today to get the legal advocacy you need.
The information on this blog is for informational purposes only. It is not meant to serve as legal advice for an individual case or situation. This information is not intended to create an attorney-client relationship nor does viewing this material constitute an attorney-client relationship.