Weaver

In wet and rainy conditions, Linda Carolyn Weaver was injured when her car was struck by a commercial tractor-trailer unit owned and operated by respondents. At trial, her counsel requested that the jury be instructed pursuant to the federal standard of care provided within 49 Code of Federal Regulations part 392.14 (2005): “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.” The trial court refused and instead instructed the jury that the duty of care was that which was “reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface . . . .” (Veh. Code, § 22350.) We conclude the trial court erred and that its error was prejudicial. We reverse and remand for a new trial.

BACKGROUND

At approximately 8:10 a.m. on the morning of December 21, 2001, Ms. Weaver was driving east in lane number four on the 210 Freeway in her Toyota Avalon. Traffic conditions were moderate to heavy and it was raining. The road was wet. As…