Truck Accident Attorneys Serving The Injured Throughout California
When traveling on the roads and highways of the United States, large trucks are a common sight. According to the American Trucking Associations 2016 Trucking Trends report, in 2015 trucks transported some “10 billion tons of freight” to businesses around the country. These vehicles usually have a much greater size and magnitude than passenger vehicles, such as cars or vans, and can “weigh 20-30 times as much” according to the Insurance Institute for Highway Safety (IIHS). Additionally, they typically sit much higher up than other vehicles and have “greater ground clearance than cars.” All these factors can lead to deadly consequences for smaller vehicles if they are involved in a collision with a large truck. Unfortunately, collisions occur every year. Overall, the National Highway Traffic Safety Administration (NHTSA) reported that there were 6.3 million crashes that were reported to the police in the United States last year. The Federal Motor Carrier Safety Administration (FMCSA), which is the” lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles” reported that there were 141,292 crashes involving large trucks in 2015. 4,197 people died in these accidents and 70,915 were injured.
Truck crashes can lead to devastating injuries and even death. If you or a loved one has been in a truck accident, please do not hesitate to contact Woods Williford, P.C. We have offices in Irvine, San Diego, Riverside and San Bernardino.
Causes Of Truck Accidents
There are a variety of factors that can cause a truck accident. According to the IIHS, truck accidents can occur because of:
- Driver fatigue: Truckers can work long hours. Those who spend more than eight hours on the road at a time are twice as likely to end up in a crash. Because of the hours that they work, the IIHS has found that truckers can suffer from fatigue, sleep deprivation, and the disruption of their normal sleep cycles. In addition, those who have reported hours-of-service violations are more likely to report having fallen asleep behind the wheel during the past month.
- Age: Younger drivers are more likely to end up in a crash, both fatal and nonfatal. According to a number of studies, drivers who are in their 20’s or under the age of 21 are involved in crashes at a higher rate than older drivers.
- Defective equipment: A truck with equipment that is not working properly can pose a risk to others on the road. The IIHS reported that “tractor-trailers with defective equipment were twice as likely to be in crashes as trucks without defects.” Some of the most common equipment defects were brake defects and lighting defects.
Negligence In Truck Accidents
When drivers cause accidents because they are careless in the operation of their vehicles, the drivers can be held liable for the damages they cause. In order to hold a driver liable, the injured party must show that the driver was negligent. To prove negligence in California, the plaintiff must establish certain elements. These elements, according to Ladd v. County of San Mateo, 12 Cal.4th 913, 917 (1996) are:
- The legal duty to use due care
- The breach of that legal duty
- The breach as the proximate or legal cause of the resulting injury
In order to hold an individual accountable for his or her negligent actions, that individual must owe the person they hurt a duty of care. For example, a truck driver, like other drivers, has a duty to operate his or her vehicle in a safe manner. A driver who breaches this duty and causes injuries to another person can be held liable for damages.
Employer Liability And Truck Accidents
Truck drivers are often employees, transporting goods for a trucking company. If an employee is negligent when acting in the course and scope of his or her employment, the employer may be held liable for any injuries or property damage that the employee’s actions caused. For example, Joe works for Star Trucking Company as a truck driver. He is delivering a shipment in his 18-wheeler when he rear-ended a small SUV that was being driven by Cheryl. He caused the accident because he was overtired and not paying enough attention to the road. If Cheryl later files a lawsuit to recover damages for the injuries she sustained in the crash, she may name Star Trucking Company as a defendant. Since Joe was acting in the course and scope of his employment at the time of the accident, his employer can be held liable for his negligence. The circumstances under which an employer can be held liable will depend on the facts of the case. For example, if an employee is on a lunch break and causes an accident, then his or her employer may not be on the hook for damages. Likewise, an employer may escape liability if an individual was not an employee but an independent contractor because employers are not generally liable for the actions of independent contractors. Some drivers are misclassified as independent contractors when they should really be considered employees. This determination is made based off of factors such as control, supervision, skill, and whose equipment or tools are being used to perform the work.
Hear It From Our Satisfied Clients!
“My experience was nothing but amazing. Briny worked really hard on my case. Him and his team always kept me updated with any new developments. I appreciated that I also had a say in certain big decisions. I would absolutely recommend Briny and his team to my family and friends.”
How will I pay my medical bills after a collision with a truck?
Truck accidents often cause serious injuries, and survivors often see medical bills begin to pile up quickly. Because trucking accidents take significant time to resolve, compensation from the responsible party’s insurance company may not be available for some time. You may be able to use your own insurance to cover medical expenses in the short term. We understand that recovering from a serious accident is stressful emotionally and financially, and we are here to help you understand your options.
Should I accept a settlement offer from the insurance company?
When a claim has value, insurers often offer quick settlements to victims who are financially stressed and overwhelmed. It may be tempting to take this offer, but it is always wise to consult with your own attorney first. It is important to remember that insurance companies maximize their profits by underpaying on claims like yours, and it costs nothing to get a qualified opinion from one of our attorneys.
How long does it take to settle a truck accident case?
Because truck accidents involve so many parties (the truck driver, trucking company, manufacturers, other motorists, insurance companies and potentially others), they are more complex and may take longer to resolve than simpler accident cases involving passenger vehicles. In addition, insurance companies often drag their feet to avoid paying out the full value of these high-value claims. It is difficult to predict how long any specific case will take to resolve, but it is not uncommon for trucking accident litigation to last several years.
How much is my case worth?
Injuries caused by large trucks are often severe, which means damages may be significant. However, every case is unique. The value of a claim depends on many factors, including the circumstances that caused the accident and the extent of your injuries. No attorney can guarantee a specific result, but an experienced truck accident lawyer can explain the potential outcomes of your case.
Contact Our California Personal Injury Attorneys
If you or a loved one has been injured in a truck accident, please do not hesitate to contact Woods Williford, P.C. Our Orange County truck accident attorneys have been representing clients in personal injury cases for many years.