Every winter, Craig, Kelley & Faultless is hired to represent the victims of semi-truck accidents on icy or snow-covered roads. And, every winter, I see truckers pin the blame on car drivers. They say passenger vehicles — not big rigs — are the problem.
The Federal Motor Carrier Safety Administration requires truck drivers to exercise “extreme caution” when visibility or traction is affected, like when driving in adverse weather conditions, such as ice, snow or sleet.
This includes driving slowly and stopping when conditions are too bad. However, some commercial vehicle drivers ignore these regulations, treating them as optional rather than mandatory.
Here’s what the FMCSA says about operating a semi or other heavy truck in winter weather.
Semi drivers and “extreme caution”
The Code of Federal Regulations requires commercial vehicle drivers to use “extreme caution” when faced with “hazardous conditions.” These conditions include snow, ice, sleet, fog, mist, rain, etc.
Using extreme caution means reducing speed. The rule also instructs drivers to pull over and stop operation if conditions are “sufficiently dangerous.”
This is similar to the CDL Manual’s guidelines, which instruct truck drivers to reduce their speed by one-third on wet roads, by half on packed snow, and to stop entirely on icy roads.
Which vehicles does the FMCSA regulate?
The FMCSA has regulated commercial vehicles as part of the Department of Transportation since 2000. Its mission is to prevent commercial motor vehicle-related fatalities and injuries.
To do this, it oversees Commercial Driver’s Licenses, analyzes roadway data, and establishes regulations for commercial vehicle operations.
Commercial motor vehicles (CMVs) are regulated by FMCSA. To qualify as a CMV, a vehicle must meet one of the following criteria:
- Has a gross vehicle weight rating of 10,001 pounds or more
- Is single or combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more
- Is designed or used to transport more than 8 passengers (including the driver) for compensation; or more than 15 passengers if not receiving compensation for the transportation
- Any size vehicle transporting hazardous materials that require federal placarding
There are a wide range of CMVs: flatbed trucks, dump trucks, semi-trailer trucks, box trucks, buses, some agricultural vehicles, and more.
Each of these is larger and heavier than passenger vehicles, making them more dangerous on the roads. Commercial motor vehicles have bigger blind spots, meaning their visibility of the roadway and other cars is reduced. They are harder to maneuver and take longer to stop — a difficulty which is worsened by adverse weather conditions.
Defining adverse weather conditions
According to the FMCSA, snow, ice and sleet are all considered adverse driving conditions.
Heavy-truck accidents on icy roads
Winter weather quickly makes roads dangerous. Even one-tenth of an inch of ice is enough to make roads slippery. When snow or sleet falls, drivers should act immediately. You must slow down (but avoid harsh braking), distance yourself from surrounding vehicles, and pull over if necessary.
Semi drivers who refuse to follow federal regulations are often involved in avoidable accidents. Speeding, or driving too fast for the conditions, is one of the main causes of winter wrecks.
It is especially important for commercial vehicle drivers to reduce their speed on slick roads. These vehicles are much harder to stop than cars. A loaded semi-truck may need twice the braking distance of a passenger vehicle.
In normal weather conditions, truck drivers use the jake brake, or the engine brake, to slow down quickly without damaging their service brakes. However, the jake brake should never be applied on icy roads.
One case I represented in my 35+ years of experience was caused by improper use of the engine brake. The roads were slick, and a semi was heading north toward Indianapolis on I-74. The driver engaged the jake brake, jackknifed and lost control of his truck.
The semi-truck crossed the median into the other lane, where it struck a vehicle and killed two passengers.
If the trucker had been driving slowly, exercising extreme caution, and following FMCSA rules, this tragedy may not have occurred.
Hours of service exceptions during winter weather
To prevent drowsy driving, the FMCSA enforces “hours of service” (HOS) rules. These rules tell drivers for how long they are permitted to drive in one stretch, when they must take breaks, etc. Here are some of the main takeaways:
- After a property-carrying driver has driven for eight hours, they must take a 30-minute break.
- Truckers can drive for 11 hours maximum after 10 consecutive hours off-duty.
- The 10-hour off-duty period can be split up, as long as it includes a minimum of seven hours in the sleeper berth.
However, there are exceptions to HOS when a driver faces adverse driving conditions.
If a driver encounters bad weather, like snow or sleet, which prevents them from completing their route within typical HOS, they may:
- Drive for a maximum of two additional hours beyond the HOS timeframe to either complete the run or reach a safe, secure place for the driver and their load.
This exception does not apply if the driver or motor carrier knew about the adverse conditions before beginning the drive.
Staying safe on slippery roads
Hydroplaning, skidding, spinning out — all of these are risks drivers face on wet roads or roads covered by ice and/or snow.
As a commercial truck driver, it is necessary that you follow the laws put in place to keep all drivers safe. Drive slowly. Brake gently. Stay in the right lane. Pull over if you see ice.
Qualified truck drivers know the FMCSA and CDL Manual rules, and many of them are diligent and cautious. Unfortunately, the ones who break the rules can cause catastrophic accidents and overshadow the good drivers.
If you are the victim of a wreck caused by an 18-wheeler driving negligently in the winter, you’ll need to hire a qualified truck-wreck attorney as soon as possible. Craig, Kelley and Faultless attorneys represent victims from across Indiana, including (but not limited to) these cities:
- Indianapolis
- Avon
- Carmel
- Evansville
- Lawrence
At Craig, Kelley & Faultless, we have handled adverse weather crashes on I-70, I-465, I-65, SR-1, US-31, I-74, I-80, US-41, I-865, US-50, US-40, and many more roads across the state.
The firm also has attorneys licensed to practice in Missouri, Ohio, Illinois, Kentucky, Iowa and Tennessee. Contact them today at (800) 746-0226 or online.
David W. Craig is a nationally recognized truck accident lawyer who 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. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come 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 Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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