This is a guide written with the purpose of helping those dealing with injuries from logging accidents or the families of those pursuing a claim for their losses.
Types of Logging Trucks
Logging trucks serve a simple purpose. They are designed to make the transport of logs more efficient. Two main types of logging trucks currently exist; they include those for use on interstate highways and those used in more rural settings.
Depending on the type of truck, certain configurations will apply. For example if the logging truck is used in the forests or rural areas, then a different type of suspension, axles and tires would be used. Certain trucks fail to meet the necessary or required maintenance needed to avoid injury. In such cases the driver will be held liable for their negligence and liable for injuries that result.
Logging Truck Requirements: California and Federal Truck Safety Laws
Section 6335 of the California labor code provides particular restrictions with regards to liability and requirements of logging trucks. It requires in part that such trucks have sufficient amount of bunks, stakes and chock blocks, which extend 8” above the edge of the bunk. The code requires that these locking and securing mechanisms and devices be made of steel or a comparable material to be strong and free from defect.
Many logging truck operators fail to meet the requirements set forth by this code. When operators lack sufficient safety measures and an accident occurs, then they will be liable for their injuries. Logs, which are displaced or fall from the truck during transit, can cause devastating injuries. Trailers or trucks traveling at a high rate of speed can turn then log into a dangerous object. When the victim or driver of surrounding vehicles collides with the log or object, which fell from the truck or trailer, serious injuries, can result. If you have been injured or a family member has been injured it is important to know your rights. Many times insurance companies will attempt to force a settlement in order to subrogate your ability to recover in the future. Before signing any documents seek legal representation. Many attorneys will review the agreement and provide a second opinion. Our firm will offer an absolutely free second opinion and even provide representation where we feel is necessary.
Common Injuries due to Logging Truck Accidents
Considering the impact, speed and weight of the cargo/logs, injuries can be serious. Types of injuries include:
While this is not a complete list of injuries, it does outline the general types of injuries, which can be suffered as a result of the impact.
Logging Truck Accident and Injury Claims: Liability for Truck Accidents
With these types of accidents, liability will depend on a number of factors. Generally there are a few policies, which can be attached in the event of an accident. It is possible to hold the truck driving company, the logging company and the manufacturer of the tie-down equipment liable. However, this is not always the case and depends on a number of factors.
Generally, the truck driver will be liable if they were negligent or responsible for the injuries. A truck driver or operator will be negligent if the failed to act like a reasonably prudent person when operating the tractor or truck. A driver can be found to be negligent if they were drunk; sleep deprived or failed to properly inspect their vehicle. It is important to know all the facts before determining liability.
Selecting the Right Personal Injury Lawyer for a Truck Accident Lawsuit
If you have been injured and are seeking representation contact Downtown LA Law. Our offices can help you with your recovery. If you already have representation let us give you a free second opinion. Many times attorneys may not understand the value of your case. We can help you procure maximum recovery for your injuries. Contact us today for a free case evaluation, (888) 649-7166