If a Semi Driver Claims an Accident Was Unavoidable Because They Couldn’t See, Is That a Valid Defense?

If a semi-truck driver says they could not avoid the accident because they could not see — is that a valid defense? No! Nationally Recognized Truck Accident Attorney David W. Craig has handled several cases where a truck driver claims a collision was not their fault because they could not see due to weather conditions. Some state that fog, torrential downpour, glare from the sun, snow or smoke are to blame for a temporary inability to see, and although this is a commonly used defense, it does not justify a wreck. Instead, it should have been an indicator to use extreme caution, slow down or get off the road.

Visibility can be greatly affected by all kinds of weather conditions, and all drivers are faced with visibility issues at one point or another. While it may seem like no big deal to continue driving when faced with low visibility, it can have devastating consequences, especially when driving a semi or other heavy truck. This article is a detailed review of the rules and regulations that apply to visibility issues.

Drivers of passenger vehicles and commercial motor vehicles alike should exercise caution when visibility poses an issue, but professional drivers are held to a higher standard due to the size and weight of their vehicles. There are many regulations in place that help professional drivers handle visibility problems of all kinds, and every driver should be equipped with the skills and knowledge needed to avoid a collision in these conditions. Those who choose not to follow these guidelines can increase risk for everyone on the roads.

There are several regulations, guidelines and industry standards that address visibility issues and how drivers can act accordingly. Here are the most relevant of those and how they describe the ways in which professional truck drivers must be able to control the truck, anticipate hazards and drive at a safe speed to avoid collision in these situations.

Federal Motor Carrier Safety Regulations

Several sections of the Federal Motor Carrier Safety Regulations (FMCSRs) cover skills for assessing visibility and other hazards while driving a commercial motor vehicle (CMV). Section § 383.110 outlines the general requirements for CMV drivers, stating that they must have the knowledge and skills necessary to operate their vehicles safely.

Section § 383.111 provides an overview of all the required knowledge drivers must have. This includes proper visual search, understanding the effects of speed and speed management, controlling the space around the vehicle and space management, operating in extreme driving conditions and the hazards encountered in such conditions, hazard perception and the clues for recognizing hazards, procedures for vehicle safety inspections and looking for safety-related parts affected by visibility.

Under Section § 383.113, the FMCSRs go over the required skills for professional drivers. Pre-trip inspection skills are crucial, and all drivers must be able to identify each safety-related vehicle part and what needs to be inspected to ensure safe operating condition. They must also be able to properly inspect vehicles with air brakes. Additionally, operators need to demonstrate safe on-road driving skills for their vehicle class, such as proper visual search methods, adjusting speed to weather and visibility conditions, maintaining a safe following distance based on visibility, adjusting how they operate the vehicle based on weather and observing the road and behavior of other motorists.

Furthermore, the FMCSRs Section § 392.14 covers operating a CMV in hazardous conditions, emphasizing the importance of exercising extreme caution. It states 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. 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.”

When a truck accident occurs and the driver blames it on visibility problems, it does not justify the wreck because it is clearly outlined in the FMCSRs how drivers should respond to these conditions. Choosing not to exercise extreme caution and instead continuing to travel in conditions that adversely affect visibility puts everyone on the road in danger.

State Commercial Driver’s License Manual

Beyond the federal regulations for handling visibility while operating a CMV, the Commercial Driver’s License (CDL) Manual also provides guidelines on how to safely drive these vehicles.

Section 2.4 focuses specifically on “seeing” while driving and knowing what is going on around the vehicle because not looking properly is a major cause of accidents. That includes looking far enough ahead in order to give yourself ample time to react while driving; the CDL Manual recommends that drivers look at least 12 to 15 seconds ahead, or the distance you will travel in 12 to 15 seconds. Professional drivers should also know what is happening behind and to the sides of the CMV, which requires drivers to ensure all mirrors are in good condition and checking them often to see their surroundings.

Ability to control and adjust speed based on driving conditions, such as visibility, is crucial for CMV drivers, as is laid out in section 2.6 of the CDL Manual. Stopping distance in particular is one way driving too fast can lead to a collision. The total distance you need to bring your vehicle to a complete stop is a combination of perception distance, reaction distance, and breaking distance. Visibility and other hazards affect perception distance specifically, and a shorter perception distance requires slower speeds to prevent accidents. Overall, drivers must be able to stop within the distance they can see ahead of them, and visibility impacts how large or small that distance is.

Professional drivers must also be able to see and anticipate hazards, according to section 2.8 of the CDL Manual. A hazard is classified as any road condition that is a possible danger, which includes visibility issues. CMV operators should always be looking for hazards and be prepared to act if they become emergencies.

Winter weather conditions can create many visibility problems, and section 2.13 of the CDL Manual describes how drivers should prepare their vehicles for driving in winter weather. That includes conducting thorough vehicle inspections and paying extra attention to things like defrosters, wipers and washers, windows and mirrors that can affect visibility if they are not in working condition. Furthermore, operators must understand how and when to adjust speed and space to the conditions.

Every driver of a CMV is required to take the CDL exam, which means they should have read and understood the materials presented in the CDL Manual. When truck drivers fail to operate their vehicle in a way that prioritizes safety in circumstances that negatively affect visibility, that is a result of their own negligence.

Industry Standard Publications

In addition to the FMCSRs and the CDL Manual, there are other publications that outline the standards in the trucking industry for handling visibility and hazards.

The Tractor-Trailer Driver Training Manual from J.J. Keller mentions distance scanning and hazard recognition, which helps operators give themselves time to spot a problem and recognize any conditions or drivers that pose a potential danger. Drivers should constantly look for signs of potential hazards.

The Smith System, or Smith5Keys®, is a behavior-based system designed to help operators see, think and react more effectively while on the road. By following these steps, drivers can be prepared for any kind of hazard they may face. They include:

1. Aim High in Steering® – Scan ahead as far as possible; at least 15 seconds.
2. Get the Big Picture® – Maintain 360-degree visibility around the truck.
3. Keep Your Eyes Moving®
4. Leave Yourself an Out®
5. Make Sure They See You®

Moreover, most motor carriers have their own Driver’s Manuals that act as another source of rules and procedures. These company policies oftentimes are even more restrictive than the guidelines provided in the CDL Manual. One example includes a regulation stating that drivers should decrease their speed by 50% when driving in snow, while the CDL Manual suggests a 50% decrease for packed snow specifically.

Ultimately, there are many different resources available to CMV operators that provide ample information about how to properly adjust their driving to the road and weather conditions they encounter. When drivers are faced with visibility problems, they should be equipped with the knowledge and skills needed to safely handle these conditions.

Visibility Wrecks Are Avoidable

Any kind of hazardous condition can cause a professional driver to experience problems seeing the roadway and other vehicles around their truck. However, adverse conditions do not mean that collision is inevitable. Extreme caution is necessary, and trucking companies have a duty to ensure their drivers are properly trained and prepared for such conditions.

Injured After a Truck Wreck? Craig, Kelley & Faultless Can Help

Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired. Additionally, two of the firm’s litigation paralegals are board-certified in truck accident law by the Academy of Truck Accident Attorneys. As David has said, “We don’t just handle truck accident cases. We specialize in these cases.”

Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.

Reach out for a free case consultation today at (888) 253-5198 or online.

David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.