We have seen a fairly steady increase in the number of big trucks on the road within the last 20 years, and an increase in truck-related accidents has also risen. Large trucks are responsible for only about 3 percent of motor vehicle accidents that cause injuries, but are typically more devastating due the sheer size and massive weight of the majority of trucks.
When determining the validity of your claim and presentation of your case involving an accident with a big rig in Newport Beach, our experienced team will investigate the maintenance history of the truck and trailer and will check to see if the load itself was within regulation. Accidents involving a commercial truck can be complicated since any case would involve the driver of the truck as well as the owner of the trucking company.
The trucking industry is controlled by federal regulations that establish a set of standards and can determine the responsible party in a given trucking accident. Title 49 of the Code of Federal Regulations contains most applicable regulations. Fortunately, by working with a firm like the Duque Law Group you can put years of expertise in your corner to understand your rights under the law.
There is a large number of potential responsible parties in any truck accident. These include: the driver, the owner, whoever leased the truck from the owner, the manufacturer of the vehicle or any parts, shippers and loaders, etc.
In an attempt to evade liability for accidents, trucking companies have recently begun distancing themselves from the drivers, equipment, and vehicles. While they hold the necessary permits to operate the vehicles, they often do not own the equipment that is used to haul whatever is in the truck and also hire drivers as independent contractors rather than employees. These practices enable them to shift the responsibility over to the people who owned the truck and who were driving them.
However, federal regulations have fortunately made it so that any company who owns a trucking permit is liable for any accident that involves a truck with its name or placard on the vehicle.
Accident victims historically had to rely on witness statements and police reports to understand the specifics of an accident. Now, data from high tech devices and information from government agencies are also available for greater understanding.
The most frequent causes of truck accidents are driver error, mechanical failures, road design, weather conditions, and traffic signal failures.
As with any traffic accident, driver error is by far the most common cause of trucking accidents. According to FMCSA, 88% of trucking accidents are caused by a driver’s action or failure to take action. The most common way that this happens is through driver fatigue and sleep deprivation.
The second biggest contributor to truck accidents is equipment and mechanical defect. These can be design errors in the vehicles, manufacturing mistakes, or some other issue that interferes with the truck running smoothly. A large number of mechanical causes of these accidents are a result of a failure to maintain the equipment properly. These can include the following: jackknifing of a truck which is caused by the depowering or removing of the front brakes, failure of the brakes as a result of inadequate adjustments, blowouts of the tires because of wear and tear, truck rollover because of improper securing of the load distribution, defective steering, transmission failure, incorrect trailer attachment, defective lighting on the rears or sides of vehicles, and many more.
Truck accidents can be quite complicated because there are so many individuals involved. It can be quite tedious and overwhelming trying to understand the events and responsible parties without the help of someone who is knowledgeable and skilled with trucking law. If you have been injured in a truck accident in the state of California, the Duque Law Group has the expertise and experience to be able to help you figure out who exactly is responsible so that you can proceed with a strong case and get the reparations that you deserve for your suffering. You will want a personal injury attorney to help you in your case after a truck accident, and the Duque Law Group is here to help you.
Contact our Orange County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
Newport Beach residents often find that they need a truck accident lawyer after suffering severe injuries because of someone’s negligence. We realize that you may have questions, and we’re here to provide answers.
After an accident of any kind, it’s crucial to call the police. They should investigate the accident scene, create a traffic collision report, and gather evidence, which could help your case when you hire a Newport Beach truck accident attorney later.
The Newport Beach truck accident lawyer will use that police report and other information to work on your negligence case. Therefore, it’s wise to tell the police officers the facts, but don’t allow the insurance company to take recorded statements without your experienced truck accident attorney present.
If you suffered from a personal injury after a truck accident, you should follow the instructions provided by the police officers on duty about where to move the cars. Generally, it’s wise to take videos and photos of where each of the vehicles involved was after the crash. However, it could be dangerous to be on the road.
Yes. Though you might not be in pain or have severe problems moving, you should still see a doctor before talking to truck accident attorneys in Newport Beach. The body usually releases adrenaline during a crash, which might mask your pain.
Before leaving the accident scene, you should get the contact information from the other driver and give it to your insurance company and the Newport Beach truck accident attorney.
If possible, you should get contact information from the eyewitnesses. Generally, it’s in your best interests to hire a Newport Beach trucking accidents attorney for assistance.
In many cases, it is possible to hold the negligent truck driver and the trucking companies employing them liable for your injuries and accident. The truck driver might have been acting within their employment scope, but the trucking company should be responsible.
Likewise, the trucking company might have negligently hired someone or retained a driver with known problems, such as a history of violations or a poor record. Therefore, it could be responsible for whatever accidents the driver caused.
It’s often best to hire a truck accident attorney. Newport Beach residents will have someone on their side who can help them deal with the pressures.
When hiring a truck accident lawyer, it’s wise to focus on a few law firms. The Law Offices of Brent A. Duque have pride in providing excellent legal counsel to truck accident victims. We believe we’ve got the best lawyers and have the ideal truck accident law firm.
Here are a few factors when choosing a lawyer for a Newport Beach truck accident:
After being injured in a truck accident, there’s a good chance you’ll be able to get compensation for the injuries and pain and suffering. However, it’s impossible to guarantee this or provide a specific number. It depends on the circumstances of the truck crash and how badly it impacted you.
Typically, many factors can determine how much compensation a victim gets after being in a Newport Beach truck accident. These include:
It’s crucial to speak with Newport Beach truck accident attorneys after the incident, especially if you suffered serious injuries because of truck driver negligence.
If a truck driver hit you while you drove a vehicle or were a pedestrian, you will likely deal with serious injuries. Trucks are heavy and large and can’t stop quickly. Therefore, common injuries suffered during a truck crash can include:
Truck accident lawyers know that filing a personal injury claim is challenging. They will work with you to focus on who’s to blame. This could include many people and rests on the cause of your crash.
Typically, comparative negligence could apply for truck accident claims. Only truck accident lawyers with the experience and skills necessary can help you decipher the rules.
Generally, these are the potentially liable parties that truck accident lawyers will go after:
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