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What is Trucking Accident Law?

Trucking accident law is a subset of personal injury law that deals with accidents involving large commercial trucks, such as 18-wheelers and tractor-trailers. These accidents can cause severe injuries and fatalities, and associated legal issues are often complex, such as:

  • Liability, which refers to the legal responsibility of the parties involved in the accident
  • Negligence, which refers to the failure to exercise reasonable care causing harm to another person
  • Damages awards, which refer to compensation that may be awarded to the injured party for the losses resulting from the accident

Trucking accident law also involves regulations and standards that govern the trucking industry, including the Federal Motor Carrier Safety Regulations (FMCSRs).

These regulations set forth requirements for commercial trucks, such as:

  • Weight limits
  • Driver qualifications
  • Hours of service

Violations of these regulations can be used as evidence of negligence in a trucking accident case.

Common Causes of Truck Accidents

Trucking accidents can have devastating consequences, often resulting from a combination of human error, mechanical issues, and environmental factors. Understanding the common causes of these accidents can help promote safer roads and accountability. Some of the most frequent causes include:

  • Driver Fatigue: Long hours on the road can lead to drowsy driving and slower reaction times.
  • Distracted Driving: Using a phone, eating, or other distractions can take a driver’s attention off the road.
  • Speeding and Reckless Driving: Exceeding speed limits or aggressive driving increases the risk of losing control.
  • Improper Loading: Overloaded or unbalanced cargo can cause rollovers or loss of control.
  • Poor Vehicle Maintenance: Brake failures, tire blowouts, and mechanical issues can lead to accidents.
  • Driving Under the Influence: Alcohol or drug use impairs judgment and coordination.
  • Adverse Weather Conditions: Rain, fog, or ice can reduce visibility and road traction.
  • Inadequate Training: Inexperienced drivers may struggle with maneuvering large trucks safely.

If you’ve been involved in a trucking accident, Fiore Legal in Pasadena can help you understand your rights and pursue fair compensation.

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What Are Some Common Truck Accident Injuries?

Truck accidents often result in severe injuries due to the sheer size and weight of commercial vehicles. Common injuries include:

  • Traumatic brain injuries (TBI): Head trauma can cause long-term cognitive and physical impairments.
  • Spinal cord injuries: Damage to the spine may lead to paralysis or chronic pain.
  • Broken bones: High-impact crashes frequently result in fractures.
  • Internal injuries: Damage to organs can be life-threatening without immediate medical attention.
  • Lacerations and burns: Severe cuts or burns from fuel fires can lead to lasting scars.
  • Whiplash and soft tissue injuries: Neck and back strains are common in rear-end collisions.
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Types of Truck Accidents

Truck accidents come in various forms, each with unique dangers. Common types include:

  • Jackknife Accidents: When a truck’s trailer swings outward, forming a sharp angle with the cab.
  • Rollover Accidents: When a truck tips over due to excessive speed, abrupt turns, or shifting cargo.
  • Rear-End Collisions: Large trucks require more stopping distance, making rear-end crashes especially dangerous.
  • Underride Accidents: Smaller vehicles can become trapped under a truck’s trailer in severe collisions.
  • T-Bone Accidents: Occur at intersections when a truck collides with the side of another vehicle.
  • Blind Spot Accidents: Trucks have large blind spots, making lane changes risky if other drivers are unseen.

Understanding the types of truck accidents can help drivers stay aware of potential hazards on the road. The attorneys at Fiore Legal are experienced in handling cases involving all types of truck accidents.

What To Do After Being Involved in a Truck Accident

If you're involved in a truck accident, taking the right steps can protect your health and legal rights. Follow these key steps to ensure your safety and strengthen your case:

Seek Medical Attention 

Even if you feel fine, injuries may not be immediately apparent.

Call the Police 

A formal accident report is crucial for legal and insurance claims.

Document the Scene

Take photos, gather witness statements, and note important details.

Avoid Admitting Fault

Stick to the facts when speaking with authorities and insurance representatives.

Notify Your Insurance Company

Report the accident as soon as possible.

Consult a Truck Accident Attorney

Legal guidance is essential for navigating complex claims.

Who Can Be Held Liable In Trucking Accidents?

Liability refers to who is legally responsible for the accident and any resulting damages. Trucking companies may be liable for accidents if they were negligent in their hiring practices or failed to maintain their vehicles properly.

For example, if a trucking company hired a driver with a history of reckless driving and that driver caused an accident, the company may be liable for damages. Similarly, if a trucking company fails to maintain its vehicles properly and an accident occurs, it may be liable.

A truck driver may also be liable for an accident if they were driving recklessly, under the influence of drugs or alcohol, or otherwise negligent. For example, if a driver was texting while driving and caused an accident, they may be liable for damages.

Several factors can be used to determine liability in a trucking accident. These include:

  • The cause of the accident
  • Whether the driver was adequately trained and licensed
  • Whether the driver was following all traffic laws and regulations
  • Whether the trucking company properly maintained the vehicle
  • Whether the trucking company followed all safety regulations

Once liability is determined, the responsible party may be required to pay for damages, including medical expenses, lost wages, and property damage. However, determining liability in a trucking accident can be a complex process that requires the expertise of an experienced truck accident attorney in Pasadena.

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Trucking Accident Damages

Victims of trucking accidents may be entitled to compensation for their damages. Damages in trucking accident cases can be classified into economic and non-economic. Economic damages have a clear monetary value and can be easily calculated, such as:

  • Medical expenses
  • Lost income
  • Property damage

Non-economic damages do not have a clear monetary value and are more difficult to calculate. These damages may include the following:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Other intangible losses

Economic damages can be calculated by adding up all of the victim's out-of-pocket expenses related to the accident. Non-economic damages, on the other hand, are often calculated using a multiplier based on the severity of the injuries and other factors.

Because the extent of the injuries plays a vital role in calculating damages, expert testimony may be necessary. Other factors that may be considered when calculating damages include the victim's:

  • Age
  • Occupation
  • Pre-existing medical conditions
  • State or federal laws limiting damage recovery
  • Insurance policy limits

What Are California’s Trucking Laws?

California has strict regulations and compliance requirements for commercial trucking companies operating in the state. The California Department of Transportation (Caltrans) and the California Highway Patrol (CHP) enforce these regulations to ensure that trucks are properly maintained, drivers are adequately trained, and companies follow safety protocols. Some examples of the regulations that trucking companies must comply with include the following:

  • Maximum weight and size limits for trucks
  • Mandatory rest breaks for drivers
  • Regular vehicle inspections and maintenance
  • Drug and alcohol testing for drivers

California trucking companies must also provide their drivers with proper training and education. This includes:

  • Training on safe driving practices
  • Defensive driving techniques
  • How to properly operate and maintain a commercial truck
  • Specific training requirements for drivers who transport hazardous materials, such as undergoing specialized training to ensure they can safely handle and transport these materials

Commercial trucks in California must also be equipped with certain safety features to help prevent accidents, such as:

  • Anti-lock brakes
  • Electronic stability control
  • Blind spot warning systems
  • Collision avoidance systems
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When Can I File a Trucking Accident Lawsuit in Pasadena?

California's statute of limitations for filing a truck accident claim is two years from the crash date.  This means the court may not hear any lawsuit filed after this deadline and could be automatically dismissed. However, California offers the following few exceptions to its statute of limitations:

  • People who seek to sue a government-employed or government-contracted truck driver only have six months to file
  • People who were mentally or physically incapable of filing a claim within two years may file a claim after the statute of limitations
  • People who were minors at the time of their accident can expect the two-year deadline to start after they turn 18
  • People who discovered a previously unknown injury may be granted an extension if they can show their injury was caused by the accident
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Truck Accident Representation From a Real Trial Firm

While personal injury cases such as truck accidents can be difficult and time-consuming, they are also highly rewarding when successful. The legal process allows individuals to hold others accountable for their negligent actions and receive compensation for their injuries.

Insurance companies frequently offer a settlement that is less than what the victim or their family members deserve, and most lawyers want to settle your personal injury case quickly. Settling means that you agree to accept money in return for dropping your action against the person who injured you, absolving the other side of any further liability.

Fiore Legal is not your average law firm. We are a real trial firm looking at your issue from a different perspective than lawyers who will pressure you into settling, whether or not it’s your choice. Because we always have your best interests at heart, we would never settle a case unless for the total value. We’re here to represent you in your pursuit of justice, whatever that takes.

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Fiore Legal: Fighting For Pasadena

Being involved in a truck accident and facing insurance companies can be intimidating, so knowing that you have a team guiding you from start to finish is invaluable. You deserve a truck accident lawyer in Pasadena who is invested in your case as a confidant, someone familiar with the community. You deserve Fiore Legal.

Our dedication to understanding and representing everyday people against powerful insurance companies has resulted in eight locations with over thirty team members. We offer extensive experience and empathy backed by a tireless work ethic. Contact us today to schedule your complimentary consultation.

Truck Accidents FAQ

What happens when the police arrive on the scene?

If I’m partially at fault for the accident, can I still file a case?

What if the other driver is not insured?

Can I file a claim without a lawyer?

Will my consultation be free?

What happens when the police arrive on the scene?

When the police arrive, they will assess the situation by speaking to those involved, taking statements from witnesses, and documenting the scene. They will create an official accident report that includes key details, such as the involved parties, vehicle damage, and potentially who is at fault. This report can be crucial in supporting your claim and providing a clear account of the accident.

If I’m partially at fault for the accident, can I still file a case?

Yes, in many states, even if you are partially at fault for the accident, you can still file a claim and recover compensation. The amount you receive may be reduced by your percentage of fault, but you are still entitled to pursue damages. This is known as comparative negligence, and an experienced lawyer can help ensure that you get the compensation you deserve.

What if the other driver is not insured?

If the other driver lacks insurance, you can still seek compensation through your own insurance policy if you have uninsured or underinsured motorist coverage. This type of coverage is designed to protect you in case of an accident with a driver who cannot pay for damages. Your attorney can also explore other legal avenues to secure compensation.

Can I file a claim without a lawyer?

Technically, yes, you can file a claim without a lawyer. However, handling it on your own can be challenging and may result in a lower settlement. An experienced attorney can help gather the necessary evidence, negotiate with insurance companies, and fight for the compensation you deserve, improving the chances of a successful outcome.

Will my consultation be free?

Yes, Fiore Legal offers free consultations to discuss your case. This allows you to meet with an experienced attorney who can evaluate your situation, explain your legal options, and answer any questions without any obligation.

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