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Recovering Injury Claims in Trucking Accidents
About The Author contact
Rodney Mesriani
Los Angeles, CA
Practice Areas: Auto Accident, Disability, Employment, Personal Injury, Sexual Harassment, Social Security, Wrongful Death
Other Articles by the Author
Truck accidents are prevalent in California – the third largest state with some of the most vibrant cities in the country. California is an active and well-developed state, as shown by the number of freeways that traverse the major cities of Los Angeles and San Francisco.
Aside from cars or automobiles, California motorists may often share the road with other large types of vehicles, such as the following:
- Trailer trucks
- Big rig trucks such as 18-wheelers and semi-trailer trucks
- Delivery trucks
- Garbage trucks
- Tanker trucks
- Auto-transport trucks
- Ambulances and rescue vans
Truck Accident Often Involve Serious Injury
Truck accidents are generally considered catastrophic accidents. With its massive size, trucks can certainly inflict serious injuries on people during accidents. Hence, getting involved in a truck accident may result in serious physical injuries, damage to property, or worse – death.
Causes of Truck Accidents
Truck crashes may be caused by several factors. The common causes of these accidents may include the following:
- Driver negligence due to fatigue, alcohol or drug use
- Vehicle malfunction
- Poor vehicle maintenance
- Improper cargo loading
- Overloading
- Brake malfunction or failure
- Truck jackknifing
- Defective highway design
- Poor road maintenance
- Unsafe passing
- Road spills and debris
- Crosswinds
- Bad or extreme weather conditions
Fault and Liability for Injury and Damage
Determining the liability of a party in a truck accident may require the skills and experience of a truck accident attorney. To establish liability, it is necessary to know what laws have been violated and how these laws may apply to the circumstances of the case.
For instance, in California, truck drivers and owners are expected to meet the high standard requirement for their equipment and vehicles. The Federal Motor Carrier Safety Administration and the California Department of Transportation implement certain driving hour regulations for drivers to allow them to take their rest periods before each trip.
Requirements of Class A Truck Drivers as Evidence
In addition, truck drivers must have a Class A commercial driver’s license if they drive a vehicle with the gross vehicle weight of more than 26,000 pounds. To get a commercial driver’s license, one has to undergo certain procedures such as finger printing, drug test; they must be able to speak English, and read traffic and road signs, or demonstrate capability to drive safely.
During accidents, this information will be valuable as these could help you determine if the trucking company and the driver are in compliance with existing laws and regulations.
The preservation of evidence and facts is also critical to one’s claim in a truck collision case. Unlike car or automobile accidents, the evidence needed in a truck accident claim may include the following:
- Driver record logs
- Previous incident reports involving driver
- Pre-trip inspection reports
- Post-trip inspection reports
- Police, fire and rescue reports
- Electronic control units (truck black boxes)
- Satellite tracking information
- Communication between driver and dispatcher
- Compliance audits
- Annual inspection reports
Pursuing a claim for injuries in a truck accident may involve complex laws and regulations. Hence the assistance of an experienced truck accident attorney will be valuable to the success of one’s claim.
- The content of this page is provided for informational purposes only, and should not be construed as legal advice. If you need help with a Truck Accident Claim, please click here to talk to Rodney Mesriani or an Accident Attorney near you.
