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A Tractor Trailer Rear Ended Me In The Rain On Highway 78 in Loganville, Georgia. How Do I Prove The Truck Driver Was Driving Too Fast In The Rain?

Posted by Bartlett Benton | Apr 05, 2020 | 0 Comments

Were You Rear Ended In The Rain In A Tractor Trailer Accident On Highway 78 In Loganville, Georgia? 

If you were rear ended in the rain in a tractor trailer accident on Highway 78 in Loganville, Georgia, below are some tips to prove the truck driver was driving too fast in the rain.

First-Did You Know The Federal Motor Carrier Safety Regulations Require Truck Drivers To Reduce Their Speed When It's Raining? 

Federal Motor Carrier Safety Regulation 392.14 states the following:

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.

Plain and simple, when it is raining, truck drivers have to reduce their speed below the speed limit.  

Second-Once The Accident Is Over, Make Sure To Get The Trucking Company's Contact Information.  Then Send Them A Preservation Letter.

Your preservation letter should specifically ask the trucking company to preserve the ECM data from the truck.  You may be wondering, what is ECM data?  ECM stands for either electronic control module or engine control module.  The ECM is the brain of the truck and is a computer attached to the engine that records data related to the engine.  

When it comes to accidents, the main thing the ECM can record is the truck's speed at the time of the accident and leading up to the accident.  It is vital to put the trucking company on notice to preserve the ECM data so they don't put the truck back on the road and risk losing the data.  

Third-Download The ECM Data From The Truck.

Once you put the trucking company on notice to preserve the ECM data, you then need to reach out to the trucking company to set up a download of the ECM so you can extract the relevant data related to the accident.  

It will take an accident reconstructionist to download the ECM data, as this is something that takes specialized knowledge.  There are numerous reputable accident reconstructionists around Georgia that can perform this type of download.  

Fourth-Once The ECM Data Is Downloaded, Review The Data And Determine If The Truck Driver Was Driving Too Fast In The Rain.

Generally, the ECM data will be downloaded into a report format.  Make sure to review the data to see how fast the driver was going leading up to the accident and compare the driver's speed with the speed limit.  If the driver was going the speed limit, he was driving too fast.  Rain requires the truck driver to use extreme caution and to reduce his speed.  

The Georgia CDL Manual states truck drivers should "reduce speed by about one-third (e.g., slow from 55 to about 35 mph) on a wet road".  So If the speed limit was 45 mph and the the truck driver was driving 40 mph, the truck driver was still driving too fast for conditions.  

Fifth-Contact Bartlett Benton.

If you need help with proving the at-fault truck driver was driving too fast in the rain, please call Bartlett at 770-365-6414 for a free case evaluation.  

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