Accidents can happen for many reasons that may or may not have to do with the truck driver. The blame for an accident can fall on other drivers, pedestrians, mechanics, engineers, parts manufacturers, and even government agencies. Many different individuals and entities play a role in making trucks safe and keeping people from being injured or killed. That’s why there are many rules that truck drivers and trucking companies have to follow, and these are established by the Federal Motor Carrier Safety Administration. The California DMV also has regulations that are specific to the ownership and operation of commercial trucks.

Sadly, some people do not think about the consequences of their actions. Perhaps they are in a rush to get somewhere, or they are distracted by marriage or family problems. Or, they lack patience and empathy for others and take the risk of speeding, changing lanes without signaling, and other actions that are clearly dangerous.

Truck drivers have a higher degree of care that they owe to the general public. Based on the massive vehicles they drive and the added cargo, they can easily kill or gravely injure someone, if not many people at the same time. There is no singular answer as to why truck accidents happen, but we can look at some of the most common factors.

Most of us have had moments of being unusually tired and needing to pull over for a quick rest. This is a common issue among delivery workers and truck drivers. Long-haul truck driving is extremely challenging, as you have to be on the road for many hours at a time. However, there are federal requirements on how many hours in a row you can drive, and how many hours of rest are required before you can drive again. Complying with these rules is one of the easiest ways to prevent accidents with devastating consequences.

Hitches are often attacked to trucks and other oversized vehicles. The hitches must be in good condition, but many drivers use hitches that are old, rusty, or improperly installed. This can cause the trailer to detach from the truck. A trailer can also detach if the truck goes over bumpy terrain, suddenly accelerate or stop, make a wide turn, and other situations that are likely to happen within the course of a truck route. 

Commercial trucks are used to carry many types of cargo, such as gravel, sand, merchandise, and waste products. Taking the time and effort to properly secure a load is critical to people’s safety. Accidents can happen from things spilling or falling out of the truck, and some of these objects / loads can weigh thousands of pounds. People can crash or flip over in their cars when they come across these hazards on the road. Or, they may be exposed to toxic chemicals that cause severe illnesses.

Trucks that are used for transporting cargo must be loaded a certain way to ensure even weight distribution. This is done by dock workers, warehouse employees, and other individuals who load pallets, containers, boxes, etc. in a specific formation. For example, you must prevent too much weight in the back of the trainer, which can cause it to sway back and forth. If the driver is forced to slam on the brakes, this can also cause all the weight to shift forward and make it harder to maintain control of the vehicle.

Sadly, there is a high rate of alcohol and substance abuse among truck drivers. This is due to a variety of factors, including the need to stay awake for long periods of time to loneliness and depression. Whatever the reason, it’s clear that driving while intoxicated kills thousands of people every year. Additionally, alcohol is readily available at rest stops and other establishments that truck drivers encounter on their travels. The same can be said for drugs, which can be purchased at truck stops and other locations along the way. Alcohol, drugs, or a combination of the two can slow reflexes, inhibit decision making skills, and reduce your ability to focus.

Speeding is something that can happen intentionally or by accident. But that’s why we have to pay attention and slow things down when the odometer goes above a certain number. Driving too fast is incredibly dangerous when it comes to tractor trailers, semis, and other big rigs. For one thing, trucks take longer to slow down and come to a stop because of their weight and size. Speeding can easily cause you to lose control of the truck or crash into someone because you can’t stop the vehicle on time. With that in mind, truck drivers are bound by certain speed limits, like 55 mph. They must also drive in the right-most lane, since trucks have a larger blind spot that makes it difficult for them to see oncoming vehicles. If a truck driver is over in the left lane or tries to pass others in smaller vehicles, this is negligence that can result in an accident.

Driver distraction can happen to any of us, and it’s very tempting to answer that call or take a quick look to see if your friend texted you back. With truck drivers, there is also the constant need to follow instructions from their GPS device. Some tasks have to be done while one is operating a truck, but other things are merely distractions that can cause you to lose focus. Phones are one of the biggest sources of distractions that lead to an accident, but there are many other kinds of behaviors that should be avoided by truck drivers when they’re out on the road.

As with any vehicle, the parts on a truck can break down from wear and tear. Immediate repairs, along with scheduled maintenance are essential to ensuring the driver’s safety, and that of the general public. It’s worth noting that big rigs have maintenance needs that are quite different than what you are used to on a sedan, minivan, SUV, etc. From one of its 18 tires blowing out to malfunctions to improper fluid levels, there are many things that can go wrong when a truck is not maintained on a regular basis.

We all know that some routes are tougher to navigate then others, like hills and mountains, or rural areas where deer and other animals can run into the road at any given moment. Truck drivers also have to drive in bad weather conditions. Ice storms, heavy rain, snow, fog and other issues beyond one’s control can increase the possibility of an accident.

Road conditions are another major cause of truck accidents, and this can be due to a city or state agency’s failure to properly maintain the roads. Even things you normally wouldn’t think about, like falling branches, can lead to a truck crashing into someone or veering off the road. So, public entities such as Caltrans can also be liable for certain types of truck accidents.

There is a high chance of fatalities and severe, permanent injuries if you are involved in a truck accident. Even with all the protective features in a car, a commercial truck easily outweighs the average car, especially when it’s loaded with cargo. So, even if the truck is traveling at relatively slow speeds, it can easily cause people to be seriously injured. The worst injuries are caused by head-on collisions and T-bone crashes, but any truck accident has the potential to cause:

• Concussion
• Permanent brain damage
• Deep gashes and puncture wounds
• Whiplash
• Rupturing of internal organs
• Eye injuries that impair your vision
• Spinal cord injury
• Broken hip or pelvis
• First to third degree burns
• Slipped or herniated disc
• Patellar fracture and other knee injuries
• Severed digits and limbs
• Excessive scarring and other kinds of disfigurement
• Muscle and ligament tears
• Complex regional pain syndrome
• Permanent nerve damage
• Paralysis in one or more limbs
• Coma

This is not a complete list of all the possible ways you can be harmed in a truck accident. But it gives you a good idea of what can happen to you, and why compensation is crucial for injury victims and their families. Many people are forced to give up careers they love or find themselves unable to take care of their children. Even if you are expected to recover in full, the medical bills for treatments, medications, physical therapy, etc., can be staggering. You should not have to deal with these burdens on your own when someone else’s actions caused you harm and suffering.

Regardless of why a truck accident happens, all lawsuits must involve negligence by one or more parties. So, if you wish to sue a truck driver, a trucking company, or any other entity for an accident, you must establish negligence or misconduct by proving the following elements:

• You were owed a duty of care by the defendant. For example, truck drivers have a duty to operate their vehicles responsibly and take cautionary measures to prevent injuries to pedestrians and fellow motorists.
• The party that harmed you breached the duty of care by speeding, not using their turn signal, running a red light or doing something else that had the potential to cause an accident.
• The accident caused physical injuries and/or damage to your property.

If you did not sustain bodily harm, you will be limited in the actions you can take. If, for example, you were uninjured, but your car was damaged, you can file a claim for property damage only. You can also seek payments for any lost wages resulting from loss of or damage to your vehicle. If you needed to pay for Uber or another rideshare service or rented a car while your own vehicle was in the shop, these costs can be recovered as well.

While a truck accident claim may seem straightforward, it’s in your interests to discuss what happened to you with an experienced attorney. Truck drivers require special licensing and certifications, and they have to follow rules that do not apply to most other drivers. These include many federal regulations on everything from how to hitch a trailer to how many hours you can be on the road consecutively. Trucking companies also have to comply with regulations, but unfortunately, many companies put on the pressure and force drivers to meet unreasonable deadlines. This is why so many accidents happen from driver fatigue and reckless actions to try and beat the clock on a delivery or shipment.

Our team of truck accident lawyers will scrutinize every aspect of your accident and the actions of all the involved parties. Trying to do this on our own and collect the necessary evidence is extremely difficult for the average person to accomplish, especially when they are trying to recover after a serious accident. Let us take the burden off your shoulders and bring you the compensation you deserve, whether you were injured in a truck accident or lost a member of your family.

Truck accidents are major events that can results in catastrophic injuries. So, we understand that you may not be in a position to lay the groundwork for a personal injury claim. The following steps are recommendations for what you can do to improve the odds of succeeding in a truck accident lawsuit. However, you do not have to take it as a literal step-by-step instruction guide. Just do whatever is physically possible given your circumstances, and call us as soon as possible, so that we can initiate the legal process on your behalf

• Call 911 if you have severe injuries, as you could end up dying from excessive bleeding and other complications.
• If you are able to, document evidence by taking photos of your injuries, damage to your car (and other people’s vehicles, if any), and the truck that was involved in the accident. Try to capture details like the license plate, a company logo, unique trim and other identifying markers.
• If the accident was due to hazards on the road, make sure to take pictures or video footage of that as well.
• Call the police to ensure that law enforcement comes out to the scene, which will generate an accident report. You can contact the police department later for instructions on how to get a copy of the report. Many police departments offer these services online, but others require you to go down to the station during specific hours.
• If there are any witnesses, ask for their email, phone number, etc., so they can be approached later on for witness statements.
• Make sure to seek medical attention within the first 24 hours. You may have injuries that are relatively minor, but they can quickly get worse if left untreated for even a few days. In addition, you need to have proof of being injured in order to sue for compensation. If you wait to seek treatment, the defendant’s insurance company can use that to say that your injuries had nothing to do with the accident.

One final step you may be tempted to skip is contacting a lawyer that specializes in truck accidents. We understand that you don’t want to complicate matters, especially if the insurance company is putting on the pressure to accept the settlement and not drag things out. However, are you getting a fair settlement offer by the other party? Will the amount proposed by the insurance adjuster help you cover not just your immediate expenses, but long-term costs that can quickly add up and consume your life? It’s worth your while to have an attorney review your case and verify that you are getting the appropriate offer. If not, we can help you achieve a fair resolution while giving you the time and space to recover from your injuries.

No two cases are alike, and at the end of the day, case values have to be determined on an individual basis. This can happen even if you have two claimants that suffered the exact same injuries from a truck accident. So, it’s important to understand that how much one claimant receives is not a reflection of how much anyone else will end up with from a similar accident.

We want to keep these points in mind as you look over the following examples of verdicts and settlements on behalf of truck accident victims. This information is meant to be used for general purposes; for an accurate evaluation of your own case value, contact our law firm today.

Danny Clark was driving down a road when a sudden storm greatly reduced visibility, forcing him to slow down drastically and do his best to avoid hitting anyone. During this time, he was hit by truck driver, Oliver Wendyl Ross. Because of the crash, Clark had numerous injuries that resulted in chronic headaches, and pain in his neck and back. He was eventually diagnosed with a subdural hematoma and needed surgery to relieve the swelling.

Clark continued to have ongoing problems after the surgery, like reduced cognitive abilities, headaches, vertigo, and carpal tunnel syndrome. The defense admitted that Ross was responsible for the accident, but questioned the extent of Clark’s injuries and associated complications. However, there was no way to dispute the fact that Ross was speeding, which was exceptionally dangerous during bad weather conditions. This made him fully responsible for the collision, and the case was settled before trial for $3.35 million.

Michelle Rey was rear-ended at a traffic light by Siddiquie Shoab Naim, who was making a food delivery to for Fresh and Ready Foods. Rey was stopped at a red light when the defendant crashed into her car because he was speeding, which made it impossible to stop the car on time.

From the accident, Rey suffered a herniated disc that needed various surgical procedures. Afterwards, she had health complications that required her to give up her career and find a lesser paying job. According to the defense, the accident was not serious enough to cause the level of injury claimed by the plaintiff. They pointed out that Rey had a history of back problems, so the accident simply worsened an existing condition.

Eventually, a settlement was reached between the two parties for $750,000.

Robert McEvilly was hit by a truck that was backing up to a pallet or merchandise. The plaintiff had called DHX to request delivery service for a large shipment of merchandise from his store to an overseas location. The defendant, Gomez was sent out to pick up the shipment.

As Gomez backed up his truck, he struck McEvilly’s lift, which was next to the pallet. The plaintiff hit his head when he fell to the ground, which resulted in neck and back injuries. He had multiple disc herniations and needed to have a surgical fusion and plate insertion procedure.

Gomez said he was unable to see McEvilly because the merchandise on the pallet was stacked too high and obstructed his view. Ultimately, the jury agreed that Gomez was negligent in his operation of the truck and ruled in favor of McEvilly.

Alberto Aldana had pulled over into the dividing area of the freeway because his truck died and would not turn back on. As he was talking to his dispatcher, Stephen Taulbee was changing lanes and tried to go all the across the freeway. This caused him to crash into the back of Aldana’s truck, which resulted in his car flipping over.

Taulbee sustained head and brain injuries that required him to have constant care. He stated that Aldana’s parking of the truck was negligent, and he should have pulled over into the shoulder or a pull off area. The defense, on the other hand, said that the accident was due to Taulbee’s negligent lane change. The jury agreed with the defense and found that Aldana was not negligent in how he had parked the truck. Thus, they denied Taulbee’s request for $1,000,000 in damages.

There is a tendency to assume that the driver with the bigger vehicle is at fault for an accident, but that’s not necessarily true. Even if the truck driver was negligent, it’s possible that the other party did something wrong as well. When it’s found that the injured party caused or contributed to the accident in some way, that in itself, can invalidate one’s right to any form of compensation.

As the party that’s seeking payment, the burden of proof is on you to show how the defendant breached their duty of care to you and others on the road. With a skilled truck accident lawyer by your side, you can build a strong and solid case and secure the highest possible settlement from an insurance claim or lawsuit.

You have limited amount of time to file a personal injury claim in California. As someone injured by negligence in a truck accident, you must proceed with a lawsuit within 2 years of when the accident occurred. Alternatively, you have 2 years from the date of your loved one’s death to seek wrongful death benefits. If you miss are past the deadline, it’s unlikely that the courts will allow you to move forward with a claim.

Exceptions can be made, but only under very limited circumstances. Minors, for example, are given 2 years from when they turn 18 to file a lawsuit against the party at fault. We can talk to you about other qualifying reasons to waive the 2-year requirement, but keep in mind that initiating a claim as soon as possible is the appropriate way to protect your right to compensation.

Another issue that may be relevant to your case is the 6-month statute of limitations that applies to claims against public entities. For instance, you may have gotten hurt in an accident because of road conditions that the city, county, or state failed to take care of. Under California law, all claims against government employees and agencies must be filed within 6 months of the accident or victim’s death.

The compensation from a truck accident lawsuit made of up numerous damages, and it’s essential to understand which payments you can claim based on your personal circumstances. Otherwise, you will find yourself shortchanged and left with significant bills you can’t pay off on your own. You can also choose to waive certain damages in favor of others, but this is a subject you’ll need to discuss with a truck accident lawsuit attorney. For now, let’s take a look at the compensation that may be available to you:

• Current medical expenses and estimated future medical costs, depending on your injuries and associated complications
• Damage to any property in the accident, like your vehicle and items inside the car
• Lost wages for time you missed from work, including lifetime wages if you are unable to work at all.
• Pain and suffering as compensation for emotional distress and physical suffering as a direct result of the accident.

Those who lost a family member to a truck accident may have grounds for a wrongful death claim. This is a legal action that provides loved ones with damages like funeral expenses, loss of consortium, and loss of expected savings and benefits. A wrongful death attorney can walk you through the process of filing a claim and ensure that you get the full range of benefits you deserve by law.

We are here for you 24/7, so don’t hesitate to call if you have questions or concerns about your legal rights.

Other Pages on Our Website Related to This Topic
San Bernardino Truck Accident Lawyers
Los Angeles Truck Accident Lawyer
Carson truck accident lawyers
Long Beach truck accident attorneys
Pasadena truck accident lawyers
Truck Accident Lawyers in Palmdale
Yorba Linda truck accident Attorneys
Tow Truck Accident