Within the past 2 decades, the number of commercial truck accidents has risen as more big rigs take to the streets. Though large trucks are responsible for a mere 3 percent of traffic accidents that cause injuries, they are naturally more severe when they do happen due to their massive weight and size.
Commercial trucking accidents can be quite a bit more complex than a regular car accident. Both the driver and owner of the truck will generally be involved, and you will need to have some knowledge of the industry to fully understand the potential case. The knowledge of the common reasons for trucking accidents, relationships between those who have to do with the truck, load, and the trailer, will all be helpful in determining the validity of your claim and presentation of your case.
The commercial trucking industry is mandated by federal regulations that establish a set of standards and can determine the liable party in a given trucking accident. Title 49 of the Code of Federal Regulations contains most applicable regulations. Fortunately, by working with a firm like the Duque Law Group you can put years of expertise in your corner to understand your rights under the law.
There are a number of potential responsible parties in any truck accident. These include: the driver, the owner, whoever leased the truck from the owner, the manufacturer of the vehicle or any parts, shippers and loaders, etc.
In an attempt to distance themselves from the drivers, equipment, and vehicles in an attempt to avoid responsibility for these accidents, trucking companies have employed several measures to protect themselves. While they are the ones with the necessary permits to operate the vehicles, they often do not own the equipment that is used to haul the load. They also hire drivers as independent contractors rather than employees. These practices enable them to shift the blame over to the people who owned the truck and who were driving them.
Fortunately for the rest of us, federal regulations have made it so that any company who owns a trucking permit is liable for any accident that involves a truck with its name or placard on the vehicle.
Accident victims historically had to rely on witness statements and police reports to understand the specifics of an accident. Now, data from high tech devices and information from government agencies are also available for greater understanding.
The most common causes of truck accidents are driver error, mechanical failures, road design, weather conditions, and traffic signal failures.
According to FMCSA, approximately 88% of trucking accidents are caused by driver error. These accidents are caused by a driver’s action or failure to take action. The most frequent way that this happens is through driver fatigue and sleep deprivation.
The second most common cause of commercial truck-related accidents is mechanical and equipment issues. These can be design errors in the vehicles, manufacturing mistakes, or some other issue that interferes with the truck running smoothly. The majority of mechanical causes of these accidents are a result of a failure to maintain the equipment properly. These can include the following: jackknifing of a truck which is caused by the depowering or removing of the front brakes, failure of the brakes as a result of inadequate adjustments, blowouts of the tires because of wear and tear, truck rollover because of improper securing of the load distribution, defective steering, transmission failure, incorrect trailer attachment, defective lighting on the rears or sides of vehicles, and many more.
If you have had the misfortune of being in a truck accident, you will find it can be quite daunting to tackle alone since there are so many individuals involved. It can be quite difficult to navigate through the events and responsible parties without the help of someone who is knowledgeable and skilled with trucking law. If you have been injured in a truck accident in the state of California, the Duque Law Group has the expertise and experience to be able to help you figure out who exactly is responsible so that you can proceed with a strong case and get the reparations that you deserve for your suffering. You will want a personal injury attorney to help you in your case after a truck accident, and the Duque Law Group is here to help you.
Contact our Los Angeles County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
Anybody involved or injured in a truck accident can claim damages in a personal injury lawsuit with the help of expert truck accident lawyers. Whether or not the injury is severe, a case can still be made. It is also possible to claim for property damage even if a person is not physically injured.
If a victim is killed in a truck accident, their immediate family member can make a personal injury claim on their behalf. In this case, it would be a wrongful death suit- and it can be made first by a surviving spouse, then the dependants, then the parents. There were more than 3800 fatalities in California in 2020 following 3558 fatal truck accidents. Large commercial vehicles are commonplace on California highways around the Compton area- but it is not the most active part of the state for 18-wheeler crashes. Fighting for compensation after being involved in a truck accident- either personally or on behalf of a loved one- is complex, stressful, and difficult. A truck accident injury lawyer, Compton CA, can take the weight of the proceeding off of victims’ shoulders, and take the lead in pursuing the maximum compensation available.
They handle negotiations with the at-fault insurance company, and have the advantage of years of first-hand experience as a professional law corporation specializing in personal injury cases. After any vehicle accidents, it is essential for victims to call the police, seek assistance from medical professionals, and gather evidence from the accident scene. Unless removed by an ambulance for emergency care, no involved parties should leave the scene until instructed to do so by the police.
It is also important to contact trusted law offices to secure legal counsel as soon as possible. Bringing in an experienced law firm right at the beginning can have a significant impact later when it comes to seeking compensation. Determining liability is one of the most important tasks for personal injury lawyers. In many cases, the truck driver is held responsible due to driver error- often due to fatigue, distracted driving, or driver error. Sometimes, it is the trucking companies who are to blame- either for failure to provide proper training, poor truck maintenance, or breaking the laws surrounding maximum driving hours.
When negligent actions are proven to have caused the accident, the at-fault party is liable to pay for the victim’s medical expenses, property damage, and pain and suffering (mental and emotional trauma, lost income, lasting impact on quality of life, etc.). Compton truck accident lawyers use every avenue possible to maximize compensation claims and settlements. They are less likely to get pressured into taking a lowball offer from the liable party and their insurance company- and can secure the necessary evidence to support a higher claim.
Car accidents, motorcycle accidents, and truck accidents often involve multiple cars with varying versions of events- and proving the negligent party is, in fact, responsible is only sometimes as straightforward as one may think. If there is any doubt regarding negligence or comparative fault, a lower offer could be made. Accident lawyers pre-empt these difficulties- and use their legal expertise to work around them. Unfortunately, many of the personal injuries sustained in accidents involving semi-trucks, 18-wheelers, or any other large passenger vehicle are severe or even fatal. Some of the most common injuries include:
Due to the sheer size of a semi-truck or similar vehicle, the person or persons in a car are far more likely to suffer extreme personal injury or even death. Only 16% of deaths in fatal truck accidents in California were truck occupants- compared to 67% in cars and other passenger vehicles.
Fields Marked With An ” *” Are Required