The first week of February 2022 saw our part of the country experiencing calamitous winter weather, with Illinois Governor J.B. Pritzker issuing a preemptive disaster declaration for the State of Illinois that included calling out the state’s national guard. See, “Pritzker Issues Disaster Declaration Ahead Of Winter Storm,” written by Jim Roberts and Mike Miletich and published by WGEM-TV on February 1, 2022.
Meanwhile, Indiana Governor Eric Holcomb held a press conference urging the need for citizens to prepare for these dangerous winter conditions, with over 1000 INDOT trucks on full callout across the state. For more, read “Holcomb Urges Hoosiers To Stay Off Roads, Have Patience As Winter Storm Takes Hold On Indiana,” written by Matt Adams and published by FOX59 on February 2, 2022.
The National Weather Service (“NWS”) announced “Winter Storm Warnings” for several days for both Illinois and Indiana. Heavy snow, ice, sleet, and freezing rain on our roads was expected to make travel “very difficult to impossible” for all drivers. The Chicago area and its neighboring Illinois River Valley, according to the NWS, could endure as much as twelve (12) inches of snow in this three-day period.
Of course, the high-risk winter storm conditions on our roadways will not prevent some drivers from getting behind the wheel of their motor vehicles despite the known dangers they face. Some of these drivers will be making personal decisions and driving their sedans, minivans, SUVs, or pickup trucks.
However, other drivers on our roads during extremely hazardous winter weather conditions are driving because it is their job responsibility. Employers are requiring them to do so.
Workers Will Be Driving on the Job in Severe Winter Weather
Commercial trucks and buses as well as other business vehicles will be on our snowy, iced roadways with workers driving in high-risk situations. Their employers have a tremendously important legal duty to keep these workers safe in these life-threatening weather conditions. See, Winter Weather Accident Deaths: Duty of Care during Winter Weather Conditions.
This duty requires the employer (1) to monitor the weather itself and to pull drivers off the roads if things get too dangerous. It also includes (2) the duty of the employer to respect an individual driver’s decision to stop driving in inclement weather, a decision protected against discipline, discrimination, or termination by federal regulation.
The employer focus must go farther than the roads and the drivers. The company’s duty of care also includes fleet managers making sure that company vehicles are prepared and ready to operate effectively in extreme winter weather. Allowing any driver out on wintery roads with an unsafe or unprepared fleet vehicle is a breach in the employer’s duty of care and safety and can result in its legal liability both to the worker and others injured in any resulting accident.
What is a Fleet Vehicle?
A fleet vehicle is a motor vehicle operated by a business for commercial purposes. Many different businesses in a variety of industries have the need to own motor vehicles for the use of their workers. Trucking companies are an obvious example of an employer responsible for fleet vehicles as big rigs, semi-trucks, tractor-trailers, and 18-wheelers rumble through our Crossroads of America.
However, any company that provides motor vehicles to workers for driving as part of their job requirements can be viewed as owning a fleet with its corresponding fleet safety duties. Taxi cab companies and delivery services (e.g., Amazon, FedEx), for instance, are employers with a fleet management responsibility.
Fleet Vehicle Safety in Severe Winter Weather
No matter the size or shape of the company’s vehicle roster, there must be a designated fleet management protocol established to prioritize fleet vehicle safety. Preventative steps should be undertaken long before the employee is asked to drive in substandard weather, such as:
- Installing winter tires
- Providing snow chains
- Checking winter tire traction
- Checking winter tire air pressure
- Checking all lights, exterior and interior
- Providing brushes for drivers to remove snow from headlights (LED lights may not melt snow)
- Checking the brakes and repairing as necessary, particularly air brakes / air brake valves
- Checking the vehicle’s interior heater and repairing as needed
- Checking the vehicle’s defrosting system and repairing as needed
- Checking the battery for power drainage and replacing as necessary to protect against failure on the road
- Making sure there is enough antifreeze to prevent the motor from stalling or breaking down in the cold
- Making sure proper oil is in the engine (full-synthetic oil may be preferable in very cold weather)
- Making sure there is sufficient gas in the tank to prevent the fuel from freezing
- Making sure there is sufficient power steering fluid and replace as needed
- Monitoring and replacing as needed windshield wipers and cleaning fluid so wipers are able to remove heavy falling snow or sleet from windshields to maintain the driver’s ability to see the road
- Checking the vehicle for corrosion and repair as necessary
- Providing drivers with emergency kits designed for extreme winter weather conditions, to include things like jumper cables, hazard cones, phone charger, shovel, etc.
Fleet Company’s Legal Liability for Safety Failures
In the event of a serious or fatal motor vehicle accident during a severe winter weather event, the accident victim is wise to undertake a thorough investigation of the crash and its causes. This must include the condition of the company vehicle involved in the incident.
If there is evidence of a failure of the company to meet its duty of care and safety regarding the condition of that fleet vehicle or the preparation provided to the driver regarding it, then that company may be legally responsible for the collision and its resulting harm and damages.
Fleet Vehicle Drivers
For workers and their loved ones who suffer as a result, the state laws of Indiana and Illinois may provide legal redress through the state workers’ compensation statutory schemes.
Other Fleet Vehicle Accident Victims
For accident victims and their loved ones who are harmed or perish in a winter weather crash involving a fleet vehicle, the laws of negligence, negligent supervision, and wrongful death provisions may support legal claims for justice against the company as fleet owner/operator.
In some situations, third parties may be liable to workers and other accident victims if they have contributed to the tragedy. This might include manufacturers or suppliers of defective products (such as a faulty tire) used by fleet management.
Justice for Victims of Winter Weather Accidents on the Roads of Indiana and Illinois
Drivers in Indiana and Illinois are accustomed to dealing with our winter weather storms and how hazardous it can be to drive here during these extreme conditions. We understand that some drivers have no choice but to obey orders and stay on the job, even when state governors are recommending everyone avoid driving because of winter weather warnings.
For these drivers, as well as those who share the roads with them, there is a dependency upon the owner or operator of the company truck, van, or vehicle to understand and undertake proper fleet vehicle safety precautions.
When the employer fails to meet the duty of care regarding fleet safety and a serious or deadly winter weather crash is the result, then the driver as well as other accident victims may have legal claims for relief against the company for fleet safety failures.
For more, read:
- Winter Weather Fatal Truck Crashes on Indiana and Illinois Roads
- Hazmat Trucks in Illinois and Indiana: Increased Risk during Emergency Winter Conditions
- Winter Weather Increases Danger of Workplace Accidents
- Fault for A Winter Traffic Accident: Government Liability for Winter Weather Car Crash
- Winter Accidents with Semi-Trucks: Driving Dangers in Indiana and Illinois.
The winter weather storm conditions in Indiana and Illinois are especially hazardous for those on the job, driving the Crossroads of America in fleet vehicles. Please be careful out there!
