California Truck Accident Lawyer

Collisions involving large trucks often lead to devastating injuries. Our firm has the expertise to take on complex truck accident cases, dealing with trucking companies and their insurers to pursue maximum compensation for our clients.

Truck accidents are often more complex than standard car accidents due to the multiple parties that may be involved, including truck drivers, trucking companies, and manufacturers. These cases require a thorough investigation of truck maintenance records, driver logs, and potential violations of federal trucking regulations. Our law firm has experience handling cases involving driver fatigue, overloaded trucks, and mechanical failures. We aggressively pursue claims against negligent parties to ensure victims receive proper compensation for their injuries, lost wages, and pain and suffering. It is extremely important to contact a truck accident lawyer when in a truck accident. Truck accidents are complicated, involve large insurance policies and company assets, and the truck insurance companies fight them hard because they are trained to do so. Truck accident lawyers are crucial for your case. California truck accident lawyers in particular are usually well-trained in the area because there are enough cases for the truck accident lawyers to gain experience. California truck accident lawyers can fight the insurance companies for you. If the insurance companies are even willing to lie to the truck accident lawyers representing the injured people, imagine how they treat unrepresented injured people.

Types of Truck Accidents

Understanding the various forms of truck accidents is essential for determining liability and formulating effective legal strategies. Common types include:

Jackknife Accidents: These occur when a truck’s trailer swings out to form a 90-degree angle with the cab, resembling a folding jackknife. This phenomenon typically results from sudden braking, slippery road conditions, or equipment failure, leading to loss of control and potential multi-vehicle collisions.
Rollover Accidents: Due to their high center of gravity, large trucks are susceptible to rollovers, especially during sharp turns, high-speed maneuvers, or when carrying improperly balanced loads. Rollover accidents can cause significant harm to the truck driver and nearby road users.
Rear-End Collisions: Given their substantial weight, trucks require longer stopping distances. Failure to maintain adequate following distance or inattentiveness can result in rear-end collisions, which are particularly hazardous for occupants of smaller vehicles.
Underride Accidents: These tragic incidents occur when a smaller vehicle slides beneath a truck’s trailer, often leading to fatal injuries. Underride guards are designed to prevent such occurrences, but their effectiveness can vary.
Tire Blowouts: Poor maintenance, manufacturing defects, or road hazards can cause tire blowouts, leading to sudden loss of control and potential accidents.
Wide-Turn Accidents: Trucks require ample space to execute turns. During right turns, a truck may initially move left to navigate the turn, potentially colliding with vehicles or pedestrians in adjacent lanes.
Lost Load Accidents: Improperly secured cargo can dislodge during transit, creating dangerous road hazards and causing accidents involving multiple vehicles.

Even when the truck driver is obviously at fault and even when they admit fault, things often change later on after they call their company and insurance company. You can’t assume that the trucking insurance company is going to admit fault. They might try to lie and say you cut in front of their driver causing him to rear end you. That’s why it’s important to hire a truck accident lawyer right away.

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) establishes comprehensive regulations to ensure the safety of commercial motor vehicle operations. Key regulations include:

Hours of Service (HOS) Regulations (49 CFR §395.3): To mitigate driver fatigue, HOS rules limit drivers to a maximum of 11 hours of driving after 10 consecutive hours off-duty. Additionally, drivers cannot drive beyond the 14th consecutive hour after coming on duty and must take a 30-minute break after 8 cumulative hours of driving.
Driver Qualification Requirements (49 CFR Part 391): Drivers must meet specific criteria, including holding a valid commercial driver’s license (CDL), being at least 21 years old for interstate commerce, and passing regular medical examinations to ensure physical fitness for driving.
Drug and Alcohol Testing (49 CFR Part 382): Mandatory testing protocols are in place to prevent substance abuse among drivers. This includes pre-employment, random, post-accident, and reasonable suspicion testing.
Vehicle Maintenance Standards (49 CFR Part 396): Carriers are required to systematically inspect, repair, and maintain all vehicles under their control. This includes keeping detailed records of inspections and maintenance activities.
Cargo Securement Rules (49 CFR §§393.100-393.136): These regulations specify the proper methods for securing different types of cargo to prevent shifting or falling during transit, thereby reducing the risk of accidents.
Electronic Logging Devices (ELDs) (49 CFR §395.8): ELDs are mandated to record drivers’ hours of service electronically, ensuring compliance with HOS regulations and providing accurate records in case of audits or investigations.

There are so many trucking regulations that we can’t even discuss all of them here.

California State Trucking Regulations

In addition to federal regulations, California imposes state-specific laws to enhance road safety:

California Vehicle Code §35551: This statute outlines weight limits for trucks to prevent road damage and ensure safe vehicle operation.
California Vehicle Code §21702: This law restricts the number of consecutive hours a driver can operate a vehicle, aiming to prevent fatigue-related accidents.
Biennial Inspection of Terminals (BIT) Program: Administered by the California Highway Patrol, this program mandates that motor carriers undergo terminal inspections every two years. The inspections assess compliance with safety regulations, including vehicle maintenance and driver records.
California Assembly Bill 5 (AB 5): Enacted to address worker classification, AB 5 establishes strict criteria for classifying workers as independent contractors. This has significant implications for the trucking industry, particularly concerning liability and workers’ compensation.

Liability in Truck Accident Cases

Determining liability in truck accidents is often complex, involving multiple parties:

Truck Drivers: Drivers may be held liable if negligence, such as distracted driving, speeding, or impairment, contributed to the accident.
Trucking Companies: Employers can be liable for negligent hiring practices, inadequate training, or failure to enforce safety protocols. Under the doctrine of “respondeat superior,” companies may also be vicariously liable for the actions of their drivers performed within the scope of employment.
Vehicle Manufacturers: If a defect in the truck or its components (e.g., brakes, tires) contributed to the accident, the manufacturer could be held liable under product liability laws.
Cargo Loaders: Entities responsible for loading cargo may be liable if improper loading or securing of goods led to the accident.
Maintenance Providers: Third-party companies tasked with vehicle maintenance can be held accountable if negligent service contributed to mechanical failures resulting in an accident.

Legal Theories of Liability

Negligence: To establish negligence, the plaintiff must prove that the defendant owed a duty of care, breached this duty, and caused damages as a result.
Negligence Per Se: Violation of a statute designed to protect public safety can establish negligence per se, simplifying the plaintiff’s burden of proof.
Vicarious Liability: Employers can be held liable for their employees’ actions performed within the scope of employment.
Strict Liability: In product liability cases, manufacturers can be held strictly liable for defective products that cause harm, regardless of negligence.

Comparative Fault in California

California follows a “pure comparative negligence” system, allowing plaintiffs to recover damages reduced by their percentage of fault. For example, if a plaintiff is found 30% at fault, they can still recover 70% of the total damages.

Common Causes of Truck Accidents

Understanding the root causes of truck accidents is essential for prevention and establishing liability. Common causes include:

Driver Fatigue: Despite regulations limiting driving hours, fatigue remains a significant issue. Long hours on the road can lead to decreased alertness and slower reaction times.
Distracted Driving: Use of mobile devices, eating, or other distractions can divert a driver’s attention, increasing the risk of accidents.
Impaired Driving: Driving under the influence of alcohol or drugs impairs judgment and reaction times, leading to severe accidents.
Speeding: Exceeding speed limits reduces a driver’s ability to react to sudden changes, making accidents more likely and more severe.
Poor Vehicle Maintenance: Neglecting regular maintenance can lead to mechanical failures, such as brake or tire issues, contributing to accidents.
Improper Loading: Overloading or unevenly distributing cargo can affect a truck’s handling and stability, increasing the risk of rollovers or lost loads.
Adverse Weather Conditions: Rain, snow, fog, or ice can make roads hazardous, and large trucks may struggle to navigate safely under these conditions.
Inadequate Training: Drivers who lack proper training may not be equipped to handle the complexities of operating large commercial vehicles safely.

Evidence Collection in Truck Accident Cases

Building a strong case requires thorough evidence collection. Key types of evidence include:

Accident Scene Photographs: Images of vehicle positions, road conditions, skid marks, and surrounding areas can provide crucial context.
Witness Statements: Testimonies from individuals who observed the accident can offer valuable insights into how it occurred.
Police Reports: Official reports often contain important details about the accident and initial assessments of fault.
Electronic Logging Device (ELD) Data: ELDs record driving hours and can help determine if driver fatigue was a factor.
Maintenance Records: Documentation of the truck’s maintenance history can reveal negligence in upkeep.
Cargo Loading Records: These records can show whether the cargo was loaded properly and in compliance with regulations.
Surveillance Footage: Nearby traffic cameras or security systems may have captured the accident.
Driver’s Employment Records: Information about the driver’s qualifications, training, and employment history can be pertinent.

Rather than try to remember everything you should do, just call our firm from the scene of the accident. We will take your call and guide you through all of the steps to help work your case up from the beginning. Even if you do not believe you’re injured, you don’t need the insurance company arguing that you’re at fault and your insurance rates going up. You might also not feel the injuries until the next day or a couple days later. It’s best to call Gallo Law if you’re in a trucking accident for help.

Statute of Limitations in California

In California, the statute of limitations for filing a personal injury claim resulting from a truck accident is generally two years from the date of the accident. Failing to file within this timeframe can result in losing the right to seek compensation. However, exceptions may apply, such as in cases involving government entities or when injuries are not immediately apparent.

Insurance Requirements for Trucking Companies

Both federal and state laws mandate that trucking companies carry minimum levels of insurance coverage:

Federal Requirements: The FMCSA requires interstate trucking companies to maintain a minimum of $750,000 in liability insurance, with higher amounts required for those transporting hazardous materials.
California State Requirements: Under California Vehicle Code Section 34631.5, intrastate trucking operations must adhere to state-specific insurance requirements, which may vary based on the type of cargo and vehicle weight.

There is also endorsements that trucking carriers must have to operate. An endorsement is similar to insurance in case the insurance policy has lapsed or does not cover the truck accident.

The Role of the Federal Motor Carrier Safety Administration (FMCSA)

The FMCSA is the lead federal agency responsible for regulating and providing safety oversight of commercial motor vehicles. Its mission includes developing and enforcing data-driven regulations that balance motor carrier safety with efficiency, harnessing safety information systems to focus on higher-risk carriers, and targeting educational messages to carriers, commercial drivers, and the public.

Legal Framework Governing Truck Accidents

Truck operations are subject to a comprehensive set of regulations at both the federal and state levels, designed to ensure safety and accountability.

A. Federal Regulations

The Federal Motor Carrier Safety Administration (FMCSA) establishes regulations to oversee commercial motor vehicle operations across the United States.

Hours of Service (HOS) Regulations: Outlined in 49 CFR §395.3, these rules limit the number of hours a driver can operate to prevent fatigue-related accidents. Drivers are permitted a maximum of 11 hours of driving after 10 consecutive hours off-duty.
Commercial Driver’s License (CDL) Requirements: Per 49 CFR §383.51, drivers must obtain a CDL, which involves meeting specific age, language, and skill requirements, and passing knowledge and road tests.
Drug and Alcohol Testing: According to 49 CFR §382.303, drivers are subject to mandatory drug and alcohol testing, including pre-employment, random, post-accident, and reasonable suspicion testing.
Vehicle Maintenance Standards: Mandated by 49 CFR §396.3, carriers are required to systematically inspect, repair, and maintain all vehicles under their control to ensure safe operation.
Cargo Securement Rules: Detailed in 49 CFR §§393.100-136, these regulations specify requirements for securing different types of cargo to prevent shifting or falling during transit.
Coercion Prohibition: Under 49 CFR §390.6, it is prohibited for motor carriers, shippers, receivers, or transportation intermediaries to coerce drivers into operating their vehicles in violation of safety regulations.

B. California State Regulations

In addition to federal laws, California imposes its own set of regulations governing truck operations within the state.

Weight Limits: California Vehicle Code §35551 sets forth weight limitations for trucks to prevent road damage and ensure safety.
Hours of Service: California Vehicle Code §21702 restricts the number of consecutive hours a driver can operate a vehicle, aligning with federal HOS regulations to combat driver fatigue.
Use of Electronic Devices: California Vehicle Code §27602 prohibits the use of mobile devices and other electronic distractions while driving, aiming to reduce distracted driving incidents.
Classification of Drivers: Assembly Bill 5 (AB 5) establishes criteria for classifying workers as employees or independent contractors, significantly impacting the trucking industry.

Recent Developments in Trucking Safety Regulations

The landscape of trucking safety regulations is continually evolving to enhance road safety:

Automatic Emergency Braking (AEB) Systems: The National Highway Traffic Safety Administration (NHTSA) has proposed regulations mandating that all cars and light trucks be equipped with advanced AEB systems by 2029. While primarily targeting passenger vehicles, similar technologies are being considered for commercial trucks to prevent rear-end collisions.
Intelligent Speed Assistance Systems: California lawmakers have passed legislation requiring that all new cars sold or manufactured in the state from the 2030 model year be equipped with intelligent speed assistance systems. These systems provide audio and visual alerts to drivers exceeding the speed limit by more than 10 miles per hour. While currently focused on passenger vehicles, such measures may influence future regulations for commercial trucks.

The Importance of Legal Representation

Truck accident cases are inherently complex, often involving multiple parties, extensive regulations, and significant damages. Legal representation is crucial to navigate these complexities effectively. An experienced truck accident lawyer can:

Investigate the Accident: Conduct a thorough investigation to gather and preserve critical evidence.
Determine Liability: Identify all liable parties, including drivers, trucking companies, manufacturers, and others.
Negotiate with Insurers: Engage with insurance companies to seek fair compensation for medical expenses, lost wages, pain and suffering, and other damages.
Litigate if Necessary: Represent clients in court to pursue justice and full compensation when settlements are inadequate.

Conclusion Truck accidents present significant challenges due to the severity of potential injuries, the complexity of applicable laws, and the involvement of multiple parties. Call Gallo Law to hire a truck accident lawyer.