Why Trucking Companies Use This Defense and How to Fight Back
By Attorney Nathan A. Gaffney
Partner, Fried Goldberg, LLC
When a catastrophic truck accident happens, trucking companies often look for ways to shift blame away from their driver. One tactic that has become increasingly common is the “dangerous roadway defense.” Instead of accepting responsibility for reckless driving, the defense points to weather conditions, poor road maintenance, or design flaws as the real cause of the crash.
For an injured victim or their family, this defense can create serious challenges. It complicates liability, delays resolution, and can reduce available compensation if the jury is persuaded to assign fault to someone else, such as a state or local Department of Transportation (DOT). That is why a truck accident lawyer must be ready to dismantle this strategy from the very start.
Want a deeper look at fighting dangerous roadway defenses in trucking cases? Read attorney Nathan Gaffney’s full article, Attacking the Roadway Defect Defense in Trucking Cases, which was published in the Summer 2025 edition of the AAJ Trucking Litigation Group Journal of Trucking.
What the Dangerous Roadway Defense Looks Like
The dangerous roadway defense typically claims that a crash was caused by unexpected hazards outside the driver’s control. This might include:
- Severe weather, such as rain, ice, snow, or fog, reduces traction and visibility.
- Road design or maintenance issues, including missing guardrails, uneven pavement, potholes, inadequate lighting, or poor signage.
- Violations of the Manual on Uniform Traffic Control Devices (MUTCD), such as improper lane markings or signal placement.
The central argument is that the hazard was not one a reasonable truck driver would anticipate. However, the reality is that professional truck drivers are trained to identify and mitigate these very risks.
Using Industry Standards Against the Defense
Commercial drivers hold a commercial driver’s license (CDL) and undergo extensive safety training. The CDL manual and company training materials outline exactly how drivers should respond to hazardous conditions. For example, tractor-trailer operators are instructed to slow down by about one-third of the posted speed limit when roads are slippery and to remain alert for visual signs of reduced traction, such as tar bleeding or pooling water.
Federal regulations also reinforce these expectations. Under 49 C.F.R. § 392.14, drivers are required to use “extreme caution” during hazardous conditions, adjusting their speed or even stopping if necessary. This means that the presence of ice, rain, or other hazards is rarely a valid excuse for losing control of a truck and causing an accident.
By using the defense’s own industry standards as evidence, attorneys can argue that the hazard was foreseeable and that the driver failed to act with the level of care required.
Deciding Whether to Involve the DOT
In many cases, the dangerous roadway defense is accompanied by an additional claim that the DOT is at fault for not properly maintaining or designing the roadway. Depending on the state, this may be pursued as a third-party claim or as a non-party fault defense, which shifts blame to an entity not directly involved in the lawsuit.
This raises a critical strategic question for the plaintiff’s attorney: Should the DOT be added as a defendant? The answer depends on factors such as:
- Available insurance coverage — If the trucking company’s coverage is sufficient to fully compensate the victim, adding a DOT might not be worth the complications.
- Strength of the DOT claim — A weak claim could end up validating the defense’s arguments.
- Immunity and damage caps — Sovereign immunity laws and statutory limits can make recovery from a DOT unlikely, even if fault is proven.
- Case complexity — Proving a roadway defect often requires costly expert testimony from engineers and accident reconstructionists.
If the DOT remains a non-party, the focus should be on undermining the defense’s claims against it rather than proving the DOT’s liability.
Building a Strong Expert Witness Team
Rebutting a dangerous roadway defense almost always requires the right experts. The core expert is an accident reconstructionist who can analyze the crash, inspect the scene, gather black box data, and explain how the wreck occurred.
Depending on the defense’s claims, additional experts might include:
- Highway engineers — To evaluate road design, signage, and maintenance.
- Pavement engineers — To address the quality and safety of the roadway surface.
- Meteorologists — To provide accurate weather data for the time of the crash.
- Hydrologists or topography specialists — To address drainage and terrain-related hazards.
The goal is to counter the defense’s experts directly, showing flaws in their methodology or evidence.
Keeping the Jury Focused on the Trucking Company’s Negligence
Even when road conditions play a role, the trucking company’s negligence often remains the primary cause of the crash. A skilled truck accident lawyer will keep the jury focused on decisions the driver could have made differently, such as slowing down, increasing following distance, or stopping altogether. By reinforcing that truck drivers are trained and required to anticipate hazards, the dangerous roadway defense loses much of its persuasive power.
Why This Matters for Victims
For victims of catastrophic truck accidents, defeating this defense can mean the difference between a life-changing recovery and a compromised settlement. Trucking companies use it to confuse the issues, dilute responsibility, and protect their bottom line. An experienced legal team can cut through these tactics and hold the real wrongdoers accountable.
If you or someone you love was seriously injured in a truck crash where weather or road conditions are being blamed, you need a law firm that understands how to dismantle these defenses. At Fried Goldberg LLC, our attorneys have litigated trucking cases nationwide, taking on some of the largest motor carriers in the industry. We know how to expose weak defenses, work with top experts, and fight for the full compensation you deserve.
Contact us today to discuss your case and learn how we can help you pursue the justice and compensation you deserve.
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