The devastation caused by an accident with a large truck is often quite significant. A commuter car is just no match for the massive size and weight of these big rigs. We have seen an increase of these 18-wheelers on the roadways in the past few decades and the number of trucker accidents has also risen. If you’ve been in an accident involving a large truck, it is important that you speak with a qualified and experienced Riverside truck accident lawyer right away.
The attorney team at Duque & Price has extensive experience handling accident and personal injury cases for clients in and around Riverside and the rest of the region. Our lawyers understand the complex laws that pertain to truck accident cases and are able to provide aggressive representation against drivers and the trucking companies for whom they work in order to secure the maximum available compensation for you in your case.
Our attorneys are committed to offering diligent representation through every stage of the legal process, including investigation, negotiations, trial preparation, and litigation, and we are not afraid to take a case to trial if necessary. Contact our team for a consultation to discuss the details of your accident, and let us tell you how much we believe your case is worth.
An accident involving a commercial truck within Riverside is typically more complicated than a simple traffic accident. For one, there are more people involved, including both the driver and owner of the truck. Further, knowledge of the common reasons for trucking accidents, including restrictions regarding the truck, load, and the trailer, will all be helpful in determining the validity of your claim and presentation of your case.
Immediately following a truck accident, it is important that you follow a few necessary steps—and avoid making any key mistakes. Depending on your circumstances, you may not be able to do all of the following, but each step should otherwise be considered necessary:
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 Duque & Price, 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 past years, trucking companies have tried to evade liability for accidents by distancing themselves from the drivers, equipment, and vehicles. They have the necessary permits to operate the vehicles, but they often do not own the equipment that is used to haul whatever is in the truck. They 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. This means that experienced attorneys will be familiar with knowing how to procure the proper evidence to hold all responsible parties accountable for the accident, no matter the cause.
Most truck accidents eventually lead to truck company liability, however. California follows a standard of vicarious liability, meaning the trucking company will be liable for the negligence of its employees, which includes drivers who are independently contracted. When a driver’s actions are taken within the scope of their employment, the trucking company bears responsibility.
Accident victims in California typically have two years from the date of the accident to file a personal injury claim against the at-fault party. Cases filed outside of that timeframe will be automatically thrown out by the court. It is important that you begin working with a Riverside truck accident attorney as soon as possible to start building your case, making sure to file your claim within the appropriate timeline.
The federal government regulates the trucking industry in order to ensure safety on the roads for both truck drivers and other motorists. These include regulations for both the drivers and the trucking companies. Failure to follow these regulations and other traffic laws can lead to accidents, which can result in severe injuries. The most frequent causes of truck accidents are driver error, mechanical failures, and cargo violations, as well as road design, weather conditions, and traffic signal failures.
This 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. Failing to exercise due care and attention on the road can constitute negligence. The most frequent way that this happens is through driver fatigue and sleep deprivation. Driver fatigue is a common issue resulting from drivers exceeding their regulated hours and service limits.
The second biggest contributor to truck accidents is equipment and mechanical issues. These can be design errors in the vehicles, manufacturing mistakes, or some other issue that interferes with the truck running smoothly. The majority of mechanical causes of these accidents are a result of a failure to maintain the equipment properly. These can include the following:
It is the responsibility of the truck driver to ensure that all cargo is properly loaded, secured, and labeled and that it adheres to regulated weight restrictions. Improperly secured loads can cause cargo to dislodge during travel, posing serious dangers for other drivers.
Overloading the truck can pose a strain on the vehicle’s brakes and suspension, making it more difficult to control the vehicle. Liquid cargo, if improperly stored and secured, could lead to road spills, endangering other drivers.
Sometimes, truck accidents are the result of other issues or complications, such as unmaintained streets, inadequate signage, or poorly designed detours. In these cases, you and your attorney may consider bringing legal action against a third party, such as the city or a construction company.
Vehicle accidents often lead to injuries, but accidents involving large trucks can tend to be more devastating to those in smaller vehicles, resulting in injuries that are much more severe. Though it’s possible to come away from a truck accident with only mild cuts or bruising, it is far more likely you’ll experience one of the following:
In some cases, the accident or the resulting injuries could lead to death, resulting in a potential wrongful death case.
When recovering damages from a truck accident, it is important that you keep careful records and copies of all documents and receipts, as they may prove essential in ensuring that your damages are covered by the settlement. This means holding onto copies of all medical records, repair receipts or estimates, and other information demonstrating the extent of your injuries and property loss.
While every accident case is unique, most truck accident claims will seek to recover some combination of the following types of damages:
Every truck accident case is different, and the final settlement amounts will vary based on the extent of your injuries, property damage, losses, and your percentage of fault. However, truck accidents usually have a lot in common.
Truck accident settlements tend to be much larger than nearly any other type of accident due to the greater capacity they have for inflicting damage and injury to victims. Generally, truck accident settlements total in the tens of thousands to hundreds of thousands of dollars as a result.
Truck accidents can be quite complicated because there are so many individuals involved. It can be quite difficult to navigate through 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 Riverside County Personal Injury Attorney at 1-877-590-0080 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.
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