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How weather plays a part
Rain makes roads slick, especially in the first hours after a dry spell in Southern California, when oil comes up from the pavement. Wet roads mean longer stopping distances and more risk of a jackknife when a driver brakes hard. Spray from big tires also cuts visibility for everyone behind and beside the truck.
Strong wind is a risk for tall trucks, and empty or lightly loaded trailers can be pushed out of their lane or tipped over. In passes and desert stretches, crosswinds can be strong. Read what causes a truck to jackknife and who is at fault in a jackknife crash for more.
Rules that still apply in bad weather
Following distance should grow when roads are wet, because the rule asks what is reasonable for the speed, traffic and road. Federal rules prohibit a truck driver from operating while too fatigued or ill to drive safely (49 C.F.R. 392.3), and long hours make bad weather harder to handle. Driving limits apply in any weather (49 C.F.R. 395.3).
Loads also need to stay put. Federal rules require cargo on commercial motor vehicles to be contained, immobilized or secured to prevent shifting or falling (49 C.F.R. 393.100). Wind and rough roads test a poorly secured load. If cargo shifted or fell in the storm, the way it was loaded and tied down can be part of the claim.
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Shared fault and road conditions
Insurers often say the weather caused the crash, or that you should have driven slower too. In California, pure comparative fault means your own share of fault reduces your recovery but does not bar it. If several cars were involved, see multi-car pileups for how fault gets divided. Truck data and witness accounts often show who could have avoided the crash.
Sometimes the road itself is part of the problem, such as flooding from a clogged drain. A public entity can be liable for a dangerous condition of its property if it created the condition or had notice in time to fix it (Government Code 835). A written claim generally must be presented within six months (Government Code 911.2). See dangerous road crashes.
What to do now
Get medical care right away. If you can, take photos and video of the road surface, standing water, wind-blown debris and the truck. Note the time, the weather and the lighting. Get witness names and phone numbers, the truck’s USDOT number and the company name. Write down the report number and claim numbers, and keep every receipt.
In California, a personal injury lawsuit generally must be filed within two years of the injury (Code of Civil Procedure 335.1). A claim involving a public road condition generally has a six-month claim step first. In Washington, the general deadline is three years (RCW 4.16.080). Do not sign a release or give a recorded statement before you talk to a lawyer.
- See a doctor and follow up
- Photograph the road, water, debris and the truck
- Write down the time and weather while you remember
- Get the USDOT number, company name and witness contacts
- Do not sign a release or give a recorded statement yet
How we can help
Weather records, truck speed data and driver logs can show whether the truck driver adjusted to the conditions. We gather those records and push back when an insurer blames the rain instead of the driver. Call (310) 552-6959 or use the form on this page. You owe no fees or costs unless we win.
If you were partly at fault, read whether you can recover if you were partly at fault. You can also visit our California truck accident lawyer page or our Washington truck accident lawyer page, where rain and wind on mountain passes are a common part of truck cases. Tell us the weather and the road when you call.
Common questions
Is a truck driver at fault if the crash happened in the rain?
It depends on the facts. Rain does not excuse unsafe driving. Drivers are expected to slow down and leave more room in bad weather. If the truck driver followed too closely or drove too fast for the wet road, that can support a claim.
Can high wind tip over a semi truck?
It can, especially an empty or lightly loaded trailer. Careful drivers watch wind warnings and slow down or pull over when it is unsafe. Whether the driver acted reasonably is a question of the facts, including the load, the speed and the warnings.
The insurer says the weather caused the crash. What now?
Do not accept that as the final word. Ask a lawyer to review the truck data, the logs and the witness accounts. In California, even if you share some fault, your recovery is reduced by your share but is not barred.
What if flooding on the road caused the crash?
A public entity can be liable for a dangerous road condition it created or knew about in time to fix. Before suing a city, county or other public entity, a written claim generally must be presented within six months. Take photos of the water and the drains.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.