Operating in Hazardous Conditions: Overview
The hazardous conditions regulation creates a significant issue in any case where an accident involving a CMV occurs in bad weather. Failing to address the regulation in deposition and discovery and failing to argue it and seek its charge, is inexcusable in a bad weather case. The higher duty created under the regulation is the stuff of motor carrier insurer nightmares, and a potential bombshell against the defense.
Hazardous Conditions