Truck Accident Risks: Navigating Hazards 

California is known for many things. Unfortunately, congested highways are one of them. Of course, many of the road users are commercial tanker trucks. Sharing the roadways with the semi-trucks poses a potential risk for collisions at any moment.

It helps to recognize what situations or locations pose a grave threat to road safety so you can protect yourself. The most high-risk circumstances for serious truck accidents include the following:

• Intersections: A large commercial truck making a sharp turn can endanger other motorists or pedestrians. Among the most hazardous intersections in California are Roscoe Boulevard & Van Nuys Boulevard, Nordhoff Street and Sepulveda Boulevard, and Crenshaw Boulevard & Washington Boulevard.
• Construction Zones: The chances of a truck accident increase in this situation because of changes in traffic patterns and fewer lanes.
• Narrow Roads: It takes great precision to steer a big rig down a narrow roadway. One simple miscalculation can result in rollover or sideswipe collisions with other drivers.
• Weather Challenges: The risk of trucking accidents increases during inclement weather such as rain, snow, ice, and sleet. Any climate condition that reduces visibility or results in treet slippery makes it difficult for truckers to make sudden stops. For instance, a 2020 FMCSA research study showed 381 fatal crashes and 12,000 injury crashes occurred during rainy weather.
• Road Conditions: Common culprits include potholes, uneven roads, and poorly maintained streets can result in a driver losing control of the commercial truck or even blowing out the tire, which poses a danger to car drivers.

The risk associated with sharing roadways with commercial trucks shouldn’t be ignored. Take the necessary precautions, especially when traveling in high-risk areas or during rough weather.

Why Commercial Trucks are Dangerous: Deciphering the Factors

The massive size and weight of commercial trucks are necessary for transporting cargo. On the other hand, those factors make these large vehicles dangerous. The average length of a commercial truck is between 70 and 80 feet, which is four times the size of most cars. The height of large trucks is between 13.5 and 14.5 feet. The maximum weight for a fully loaded semi-truck is 80,000 pounds. These dimensions contribute to hazards like the following:

• Longer braking distances: The weight makes sudden stops difficult, so tractor-trailers need longer distances to come to a complete stop.
• Increased impact: Smaller vehicles are no match for these heavy trucks. A collision places passengers of smaller vehicles at risk of catastrophic injuries and extensive property damage.
• Wide turns: One of the most dangerous driving maneuvers is trying to pass a commercial truck. The truck’s design makes it necessary for drivers to make wide turns, which increases the likelihood of an auto accident.
• Wide loads: A truck is at risk of side-swiping nearby vehicles, pedestrians, and buildings when the load it carries exceeds its width, such as mobile homes, steel beams, and construction equipment.
• Overweight loads: Cargo that exceeds the weight limit of a truck can cause drivers to lose control and affect braking distance due to poor load management.
• Blind spots: Several areas surrounding trucks make the driver unable to see other road users, especially small vehicles. A car that enters a blind spot can end up in a hazardous condition when changing or merging lanes.

The size, weight, maneuverability, and visibility play a role in commercial truck crashes. If you’ve been the victim of one of these accidents, seek help from an experienced California trucking accident lawyer who can help you pursue compensation.

Types of Commercial Truck Accidents: From Collisions to Catastrophes

Safe driving involves considering others on the road, especially when operating commercial vehicles. Unfortunately, commercial truck accidents can have devastating consequences for victims. The accidents below are among the most common:

• Rear-end collisions: A trucker can’t slow down or stop fast enough and collide into a car’s rear.
• Break failures: Improper braking systems often result from poor maintenance or mechanical malfunctions.
• Jackknife: This accident occurs when the truck cab keeps moving forward while the trailer swings outward. The truck’s angle looks pocket knife, hence the name jackknife.
• Rollover: A truck can end up on its side or roof when traveling at high rates of speed, making sharp turns, or driving on uneven surfaces.
• Underwrite: In this case, a smaller vehicle gets lodged underneath the truck, crushing the top of the car. This accident can lead to severe injuries or fatalities.
• Override: Sometimes, a truck can ride over the top of a smaller vehicle when it collides with it from behind.

You have a better chance of anticipating or preventing truck collisions when you know the types of accidents that are most likely to occur. As you know, even the most cautious driver can be injured in a truck accident due to someone else’s reckless driving. Contact a truck accident attorney if you have been in such a situation. They have the legal know-how to protect your rights and secure compensation for your injuries.

Causes of Semi-Truck Accidents: Identifying Culprits

Commercial trucks are an essential part of California’s economy. By the same token, these big rigs are a source of danger. There are several reasons why these trucks crash. The more you know about the causes you can make informed driving decisions to safeguard your well-being. The primary culprits of trucking accidents include:

• Truck driver fatigue: Although federal regulations have maximum service hours for professional truck drivers, they can still suffer from fatigue during road trips. Fatigue-related accidents occur due to reduced alertness, slow reaction times, and poor decision-making. The FMCSA published The Large Truck Crash Causation Study (LTCCS), in which 13% of commercial truck drivers revealed they were fatigued during a crash.
• Faulty brakes: The lack of proper break systems upkeep hampers a truck driver’s ability to stop in time to avoid an accident.
• Tire blowouts: This incident endangers the lives of motorists and pedestrians because it causes the driver to lose control.
• Distracted driving: We live in a world filled with distractions, and commercial truck drivers are just as prone as others to take their eyes off the road to text, talk on the phone, or eat food.
• Substance abuse: Driving under the influence of alcohol, prescription meds, or illegal narcotics impairs a trucker’s ability to follow traffic rules.

Knowing the causes of trucking accidents empowers you to adopt a defensive driving approach. It helps you maintain a safe environment for yourself and others.

Common Commercial Truck Accident Injuries: Understanding the Toll They Take

The injuries truck accident victims suffer fall along a spectrum. There are obvious physical injuries. Additionally, victims incur hidden injuries that may not manifest until days or weeks later. An understanding of these traumas is crucial for victims and families who may seek legal representation or recovery. Common injuries include:

• Traumatic brain injury (TBI): The force of impact in a truck accident can lead to head injuries, ranging from mild concussions to severe traumatic brain injuries. TBIs can result in cognitive, emotional, and physical impairments that require extensive medical treatment and rehabilitation.
• Spinal cord damage: The sudden jolt of impact in a truck accident can damage the spinal cord, leading to partial or complete paralysis. Victims of spinal cord injuries often require lifelong care and accommodations.
• Fractures: The impact force can lead to broken bones, ranging from minor to complex fractures requiring surgery and prolonged rehabilitation.
• Amputations: Severe trucking accidents can result in traumatic amputations, causing victims to lose limbs. This life-altering consequence demands significant physical and emotional adjustments.
• Internal organ injuries: The internal organs are vulnerable to injury due to the impact of a truck accident. Injuries such as internal bleeding, organ damage, or ruptures can have delayed symptoms and require immediate medical attention.

According to a 2019 National Highway Traffic Safety Administration (NHTSA) report, the cost of motor vehicle collision injuries and fatalities reached $340 billion in the United States. The staggering cost includes medical care, which draws attention to the immense impact passenger vehicle accidents have on a victim’s personal life and financial well-being.

Commercial Truck Black Boxes: Unveiling Crucial Data

How did a particular trucking accident happen? That may be one of the first questions the affected parties ask, ranging from victims and truck injury lawyers to insurance providers to commercial trucking companies. Pinpointing the cause of the truck accident is a daunting task. Fortunately, these vehicles are equipped with black boxes similar to those in airplanes.

These devices are known as Event Data Recorders (EDRs). The boxes contain important information that may be used as evidence in legal proceedings. They provide vital details leading up to the crash, such as the following:

• Vehicle speed: EDRs track the commercial truck’s speed leading up to the accident, helping establish whether speeding was a factor.
• Braking behavior: Information about braking activity can reveal whether the semi-truck driver attempted to stop or slow down before the collision.
• Engine RPM: This data can provide insights into the driver’s actions and whether they were accelerating or decelerating during the accident.
• Seatbelt usage: EDRs can indicate whether the driver and passengers wore seatbelts during the crash.

Suppose a semi-truck collides with a small sedan at the intersection of S. Vermont Avenue and W. Florence Avenue in Los Angeles. Who was at fault? The black box may reveal the trucker was driving 15 miles above the speed limit and didn’t attempt to brake before impact. This data provides proof of the truck driver’s reckless behavior, indicating negligence.

Extracting Crucial Data for Your Case

Your truck accident attorney can build a strong case if you seek legal counsel after a trucking accident. One of the crucial steps your lawyer can take is to obtain the event data recorder. A skilled lawyer specializing in commercial truck accidents will know how to access and interpret the information found in these devices. The process typically involves three steps.

1. Preservation: It’s not unusual for trucking companies to erase or tamper with EDRs. To prevent this, your truck accident lawyer can submit a preservation letter informing the trucking company of your intent to obtain the EDR data.
2. Extraction: Specialized equipment, such as a Bosch Crash Data Retrieval (CDR) tool, is used to extract the data from the device.
3. Analysis: This process helps establish fault and liability by reconstructing the events leading to the trucking accident.

Black boxes, or EDRs, are vital in truck accident investigations. For instance, if you consult with a Los Angeles truck accident attorney regarding your case, they can obtain black box data to help ensure the at-fault parties are held accountable.

What to Do After a Semi-Truck Accident: Immediate Steps to Take

After a truck accident, the immediate aftermath is often chaotic. Victims must grapple with shock and confusion. Plus, the actions you take following can have a direct impact on your truck accident. You can take the following steps to protect your rights and seek compensation for your losses.

• Check for injuries: Check yourself and others for injuries. If medical assistance is required, call 911.
• Moved to a safe location: If you can move your vehicle to the side of the road to prevent further hazards or accidents, do so.
• Seek medical attention: Visit your treating physician immediately, even if you feel fine. Conditions like whiplash, internal organ trauma, and post-traumatic disorder (PTSD) don’t show symptoms until later.
• Document the scene: Take photos or videos of the truck accident scene. These visuals provide evidence supporting your claim. For example, collect images of injuries and vehicle damage.
• Exchange information: Exchange contact and insurance details with everyone involved in the accident, such as the truck driver and other parties.
• Contact local authorities: Call the police. Law enforcement will file an official accident report, which provides critical details that could support your claim.
• Notify your insurance company: Let your insurance provider know about the accident. Stick to facts about the incident. Avoid speculative statements, such as “I probably was driving too fast.” Also, do not say or imply you caused the accident. Your comments could potentially harm your case.

A whirlwind of events follows a semi-truck accident. You have much to cope with, from getting medical attention to dealing with your insurance company. Amid it all, taking the proper steps that keep you safe and protect your rights. The steps above are key to achieving a positive outcome for your claim.

Who Is Responsible for a Truck Accident: Unraveling Liability

Identifying the at-fault party in a truck accident is never as easy as it may seem. While the obvious culprit is the truck driver, other key players may be responsible. These multiple parties include the following:

• Truck driver: As the vehicle operator, the driver is the most obvious liable party if they engage in reckless conduct, such as driving under the influence (DUI), speeding, or texting while driving.
• Trucking company: The trucker’s employer could be held liable for the truck driver’s reckless actions while performing their duties. For example, the company pressures the driver to meet a delivery deadline, so the driver skips a mandatory rest stop, resulting in a crash. In this scenario, the trucking company is equally responsible for the accident.
• Truck manufacturer: Murphy’s Law states, “Anything can go wrong will go wrong.” This law applies to commercial trucks with faulty designs and mechanical systems. The manufacturer may be held liable if these defects contribute to the accident.
• Maintenance providers: Often, trucking companies have third parties who handle the maintenance, repairs, and inspections of the readings. They can be responsible if there is a direct link between the accident and the maintenance contractor’s failure to maintain the vehicle properly. For instance, if the brakes malfunction because they weren’t inspected then you may name a maintenance company as a defendant.

A truck accident can involve multiple key players. In the pursuit of justice, you want to ensure the responsible parties are held accountable in your truck accident case. One of the benefits of partnering with a truck accident law firm is their resources for conducting thorough investigations and determining who’s liable for your damages.

Establishing Negligence: Proving Fault in Commercial Truck Accidents in California

Truck accident cases require you to prove negligence. What’s negligence? Simply put, you must prove someone’s actions or lack thereof caused the accident. Four elements of negligence must be proven to support your truck accident claim, which is the following:

• Duty of care: A person or entity has a legal obligation to exercise reasonable care to prevent harm to others. For example, a truck driver has a duty to follow traffic laws to prevent harm to other motorists.
• Breach of duty: A breach occurs when a party violates the duty of care. Examples may include a truck driver who falls asleep behind the wheel and rear-ends a small passenger vehicle.
• Causation: This element answers whether a party’s breach of duty caused the accident. In the example above, there must be a direct between the truck driver falling asleep behind the wheel and the collision to prove negligence.
• Damages: Truck accident victims must show they suffered actual physical, emotional, or financial harm due to the accident. In other words, these are your damages.

Evidence to Strengthen Your Claim

The stronger your evidence, the better your chance of achieving a positive outcome. The foundation of a robust claim is evidence. Here are the types of evidence that contribute to a winning case:

• Accident scene evidence: This evidence consists of photos and video of damaged vehicles, skid marks, and road conditions.
• Witness statements: Bystanders and onlookers can provide unbiased accounts of how the accident happened. For example, a witness may have videoed the accident using their smartphone.
• Police report: This document is an official statement from law enforcement personnel stating accident details and any citations issued.
• Electronic data: A commercial truck’s event data recorder (EDR) contains valuable information that provides insights into how the accident occurred, such as the truck braking and speed.

Proving negligence is the cornerstone of a solid truck accident case. Even though negligence is based on four simple elements, the legal process for proving negligence can be complex. If you’ve been injured in a trucking accident, seek help from an experienced truck accident lawyer who can help you gather evidence, establish negligence, and hold the responsible parties accountable for their actions.

Wrongful Death Claims in California Truck Accidents: Navigating Legal Avenues for Compensation

California had the second-highest death rate due to large truck accidents in 2021. According to the National Security Council, there were 437 deaths. Losing a loved one in a tragic truck accident is a devastating experience that leaves families grappling with grief, money troubles, and legal challenges. In California, families of victims killed in truck accidents have the right to seek financial compensation through wrongful death claims. Let’s take a closer look at the process and legal considerations involved in wrongful death cases.

Understanding Wrongful Death Claims

A wrongful death claim is a legal action brought by the surviving family members or beneficiaries of a person who has died due to another party’s negligence or wrongful actions. When a truck accident leads to a fatality, eligible family members may pursue a wrongful death claim against those responsible, seeking compensation for their various losses.

Eligibility to File a Wrongful Death Claim

In California, certain family members are eligible to file a wrongful death claim, including:

• Spouse or domestic partner of the deceased
• Children of the deceased
• Putative spouse (someone who had a good faith belief they were legally married to the deceased)
• Stepchildren (in certain circumstances)
• Parents of the deceased (if there is no surviving spouse or children)
• Minors who lived with the deceased for the previous 180 days and were dependent on them for at least half of their support (in certain situations)

Legal Considerations and Elements

Filing a successful wrongful death claim in a California truck accident case involves proving specific elements:

• Negligence or Wrongful Act: The claimant must demonstrate the big rig driver, trucking company, or another party acted negligently or wrongfully, directly leading to the fatal accident. This could include proving violations of traffic laws, safety regulations, or failure to maintain the vehicle properly.
• Causation: Establishing a direct link between the negligent actions and the fatal outcome is crucial. The claimant must show negligence was a substantial factor in causing the accident and subsequent death.
• Damages: The claimant must provide evidence of the financial, emotional, and other losses from the victim’s death. This can include medical expenses, funeral costs, loss of financial support, loss of companionship, and emotional distress.

Pursuing Compensation Through Wrongful Death Claims

When pursuing a wrongful death claim in a California truck accident, families can seek compensation for the following:

• Economic Damages:
  
  • Medical expenses incurred before the victim’s death
  • Funeral and burial costs
  • Loss of financial support the deceased would have provided
• Non-Economic Damages:
  
  • Loss of companionship, guidance, and emotional support
  • Pain and suffering experienced by the deceased before their passing
  • Emotional distress suffered by surviving family members

The Legal Process

The process of filing a wrongful death claim involves several steps:

1. Consultation with an Attorney: Surviving family members should consult an experienced personal injury attorney with experience in wrongful death cases. An attorney can assess the case’s viability and guide the family through the legal process.
2. Investigation and Evidence Gathering: The attorney and their team will investigate the accident. This may involve collecting accident reports, eyewitness statements, medical records, and any available evidence to establish liability.
3. Filing the Claim: Once the responsible party is identified, the attorney files the wrongful death claim on behalf of the family members. This initiates the legal process.
4. Negotiation or Litigation: In many cases, parties may negotiate to settle. If a fair settlement cannot be reached, the case might proceed to litigation, involving court proceedings and a possible trial.
5. Truck Accident Settlement or Judgment: The family members receive compensation if a settlement is reached. If the court finds the defendant liable in a trial, it will determine the compensation amount based on the evidence presented.

When a loved one dies in a California truck accident, families may file wrongful death claims to seek compensation and hold negligent parties accountable. However, the legal process can be complex, and it is essential for families to have the guidance of experienced personal injury lawyers who can help them obtain the compensation they are entitled to while also managing the emotional toll of the tragedy.

What’s the Statute of Limitations for Truck Accidents in California? Timing Matters

There are instances where the best legal remedy for truck accident victims is to file a personal injury lawsuit against the at-fault party. In this case, you must know you have a specified window of opportunity to file your claim. California law places a time restriction for legal action called the statute of limitations.

The statute sets a maximum time frame for filing suits. In California, you have two years, and the clock starts ticking as soon as the truck accident occurs. What happens if you don’t file the truck accident lawsuit within the two-year period? You can lose your right to pursue the claim and compensation.

Exceptions and Tolling Factors

While the general statute of limitations is two years, certain exceptions and tolling factors can alter this timeline. These include:

• Discovery Rule: If your injuries were not immediately apparent, the statute of limitations may start from the date you discovered or reasonably should have discovered the injury.
• Minor or Incapacitated Victims: If the victim is a minor (under 18) or incapacitated at the time of the accident, the statute of limitations may be extended until they reach legal adult status or regain capacity.
• Government Entities: If the accident involves a government entity, different rules may apply, and a formal claim might need to be filed within a shorter time frame.

Understanding California’s truck accident statute of limitations is crucial. Act promptly to protect your rights for compensation and justice. Consult an experienced truck accident lawyer to navigate legal complexities and uphold your rights. Time matters for seeking rightful compensation after a truck accident.

What Is My Truck Accident Claim Worth? Calculating Compensation

How much is my claim worth? Many truck accident victims ask this question after a life-altering accident. Every case is unique, so the recoverable losses vary based on numerous factors. When calculating compensation for the claim, factors such as your injuries, financial losses, impact on the quality of life, and negligence are considered. With that said, there are common types of damages available in truck accident claims that fall under the economic, non-economic, and punitive categories.

Economic Damages

These are quantifiable damages. Economic damages or financial losses can be calculated based on receipts, billing statements, pay stubs, etc. These damages include:

• Medical expenses
• Property damage
• Lost wages
• Out-of-pocket expenses

Non-economic Damages

These damages are more subjective because the aim is to compensate truck accident victims for their intangible losses, such as:

• Pain-and-suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (affects marital relations)

Punitive Damages

In rare cases, punitive damages are awarded in truck accident cases. A court or jury grants this award when a defendant (at-fault party) behaves in a reckless manner that’s extreme and causes the accident. For example, in a fit of road rage, a commercial driver intentionally used the large truck as a weapon and crashed into the victim’s car. Additionally, a court awards this type of damage to punish and prevent similar conduct in the future.

The value of your truck accident injury claim often involves calculating tangible and intangible losses that have impacted your life. One thing is for sure, as a truck accident victim, you don’t want to receive unfair compensation. A truck accident lawyer can evaluate your case’s circumstances, consider the factors impacting the claim, And negotiate a fair settlement on your behalf. This approach helps ensure you get every dime you deserve.