Brownout
Arizona dust storm crash: the act-of-God defense fails when a driver does 65 into a haboob past two lit ADOT warning boards.
Explore the real law behind this episodeTranscript
TSLEverybody else pulled over. He is doing sixty-five into that.
TSLSalma's a pharmacist. She pulled all the way off and took her foot off the brake, like you're supposed to.
Tom BriggsA dust storm is an act of God. Nobody is liable for the weather.
JenSixty-five in visibility you could measure in feet. He drove under two lit warning boards to get there. Their own weather policy says stop, and dispatch told him to make the appointment.
TSLNobody's liable for the weather. You're liable for what you decide to do in it.
Salma HaddadI have lived here my whole life. We learn this in the third grade.
TSLThe storm wasn't anybody's fault. Driving into it was a choice, and he made it at sixty-five.
Brownout: Dust Storms and the Decision to Keep Driving
Salma has pulled off as dust closes in. The truck keeps moving at speed. The explanation separates weather from decisions made inside it.
Dust changes the driving duty
49 CFR 392.14 requires extreme caution and reduced speed when hazards affect a covered commercial vehicle’s visibility or traction. It also addresses discontinuing operation when conditions become sufficiently dangerous.
A storm does not automatically mean nobody is responsible. What driver and carrier knew, available warnings, and the safety of continuing need examination. Severe weather alone does not establish liability either.
Put warnings and dispatch on the timeline
Preserve weather observations, warning-board information, dispatch, speed, video, and witnesses. Conditions change across short distances; a distant weather report may not establish visibility at impact.
Compare the written weather policy with dispatch instructions and actual driving. A policy is not proof of compliance, and an appointment does not determine safe speed. Record where and when a driver had an opportunity to stop safely.
Keep safety guidance in the right sequence
ADOT guidance advises avoiding dust storms and, once safely off the roadway, turning off lights, setting the parking brake, taking the foot off the brake, and remaining belted. Those instructions concern the safely stopped situation, not turning lights off while driving in poor visibility.
Questions this episode raises
- Does calling a storm an act of God settle fault?
- No. Weather and the response to foreseeable conditions are separate questions.
- Should drivers turn off lights while still moving in dust?
- No. The ADOT lights-off guidance discussed here applies after safely pulling completely off the roadway.
Sources and further reading
- 49 CFR 392.14: Hazardous conditions
- ADOT: After you Pull Aside, Stay Alive, what comes next?
- A.R.S. 28-701: Reasonable and prudent speed
Episode explanation by Impact Legal. Updated .