Are Small Cars Safe?

The answer to this question — like most questions in life — is “it depends.” In some cases, larger cars are safer and in other cases, smaller cars are safer. Understanding how the car industry has progressed over the years will help you determine whether your small car is a safe vehicle.

New Car Comparison

Physics has the ultimate authority over the debate between large versus small cars. When comparing larger versus smaller, newer vehicles, the larger, heavier vehicles will always be safer than smaller, lighter vehicles. This comparison strictly relates to newer vehicles. Larger vehicles that are new not only weigh more but have longer hoods and larger crash zones which gives them an advantage in a crash. Again, physics dictates that larger cars will push a lighter one backward in a crash, and therefore the smaller, lighter car will suffer more damage than the larger one. In fact, a 2015 study showed that motor vehicle accidents resulted in 13 deaths per million in SUVs compared to 64 deaths per million in mini cars.

Newer Smaller Cars versus Older Larger Cars

Important in the analysis of whether small cars are safe, is the fact that as technology has improved, so has safety in smaller cars. Therefore, when making a comparison between older cars that are large versus newer cars that are small, the statistics are surprising. Many people believe that an older “tank” type car would be sturdier and safer in a crash compared to a newer smaller car, however, the statistics paint a different picture.

Older cars are typically not equipped with side airbags or electronic stability control features (mandatory in all vehicles after 2012), which prevent serious and severe injuries of passengers in accidents. Additionally, with modern safety equipment installed in smaller cars along with automatic emergency braking and collision avoidance technology, smaller cars are more adept at avoiding collisions in the first place, making them even safer than older, larger cars.

Small Cars Today

Advances in engineering and improved safety features have led to smaller cars increasing their crashworthiness standards. Many small cars now receive exemplary crash-test scores from both the National Highway Traffic Safety Administration and the nonprofit Insurance Institute for Highway Safety. As evidence of this, in 2015, the top vehicle choices for safety from the IIHS included over 20 small cars, including subcompact cars such as the Chevrolet Spark and Honda Fit.

While newer larger cars will have physics on their side in a crash, the technology and crash avoidance systems installed in smaller cars can make them even safer, by preventing crashes in the first place. Unless a smaller car is going up against a semi-truck, a large “tank” type car, or a brick wall, the smaller car will likely hold up similarly to a larger one.

Contact an Experienced Car Accident Attorney

If you or a loved one were in a car accident in a small car, you may have the right to receive compensation for your injuries. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

How to Avoid Sun Glare Accidents

Brilliant summer days, as well as snowy winter ones, can bring more sunlight and sun glare. Driving in direct sunlight is a major cause of automobile accidents due to the inability to clearly see traffic or traffic signals. Here are some of the best ways to avoid sun glare accidents.

Top Ways to Avoid Sun Glare

Avoiding sun glare can be the difference between a safe drive and one that results in an accident. Consider implementing the following safety measure to avoid sun glare accidents.

  • Use your sun visor. Sun visors are an easy and quick way to block direct light from coming into your car and obstructing your vision. Instead of using this feature to hold notes, business cards or receipts, use it to protect your vision and help you to drive safely.
  • Wear sunglasses. Not only will sunglasses protect your vision from UV light, but many sunglasses are actually created specifically to reduce sun glare. Some of these sunglasses are more expensive, but worth it to prevent an accident due to sun glare.
  • Clean your car windows. Dirty windows will make sun glare worse. The dirt amplifies and spreads the glare making visibility worse. Make sure to always keep your windows clean (both inside and out) to prevent accidents due to sun glare, or simply being unable to see.
  • Keep a safe distance. Keeping a safe distance from other cars is always a good idea, however, when there is a bright sun out, the distance you have between you and the car ahead of you could make the difference between safety and an accident. If sun glare is particularly bright on a specific day, make sure to keep extra distance between you and the car in front of you, as you may not be able to see their brake lights as easily.
  • Pull over. If the sun is causing you to lose the ability to see well, simply pull over until your eyes can adjust. Always make sure you are driving under conditions where you feel safe to operate your vehicle.
  • Turn your headlights on. This particular piece of advice may seem counterintuitive. However, with bright sun glare, turning on your headlights may be able to help oncoming traffic actually see your vehicle better and prevent accidents.
  • Avoid high-gloss vinyl cleaner on dashboards. These cleaners can make the inside of your dashboards shiny and pretty but can actually increase the amount of sun glare in your vehicle, making it harder to drive.
  • Find alternative routes. If it is possible, try to find alternative routes where you will not be driving directly into sunlight.
  • Avoid driving at sunrise or sunset. Sun glare can be a problem during the middle of the day but can also be a problem at sunrise or sunset. Try to avoid driving at these particular times to avoid sun glare accidents.

Contact a Car Accident Attorney

If you or a loved one were in a car accident due to sun glare, you may have the right to receive compensation for your injuries. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

Myths About Driving Near Trucks

Many people feel unsafe driving around trucks due to common myths surrounding large trucks and truck drivers. However, dispelling some myths regarding driving near trucks may help you prevent being involved in a truck accident.

Myth #1 – Trucks Are Less Likely to Cause an Accident

Just because truck drivers must undergo additional testing for licenses does not necessarily mean they are safer drivers. The training to receive a commercial driver’s license is not as complicated as some would think. Additionally, truck drivers have similar challenges as other drivers such as distracted driving, driving while fatigued, failing to obey traffic laws or signs, and unfortunately driving under the influence of alcohol or drugs. In fact, due to the fatigue that most truck drivers face, truck drivers are oftentimes more likely to cause accidents on the roadways.

Myth #2 – Truck Drivers Are Used to Driving Without Sleep

Statistics show that any person, truck drivers included, who stay awake for more than 18 hours have delayed reflexes and judgment equivalent to driving under the influence of drugs or alcohol. Truck drivers are required to follow very specific schedules that allow for rest breaks and sleep; however, many truck drivers fail to follow these regulations. Due to the pressure to make deliveries, and the fact that they are paid by the number of miles that they drive, many truck drivers do not follow these requirements and drive drowsy –  putting their lives and the lives of others in danger on the roadways.

Myth #3 – Large Truck Mirrors Make Accidents Less Likely

Oftentimes, people believe that the large truck mirrors increase a truck driver’s visibility which leads to fewer accidents. However, due to the size of a large truck, these mirrors still encompass huge blind spots where a truck driver can simply not see other cars on the roadways. The best rule to follow is if you cannot see the truck driver in one of his or her mirrors, the truck driver cannot see you either.

Myth #4 – Trucking Companies Cannot Be Held Liable

Some people believe that trucking companies cannot be held responsible or liable for accidents that are caused by their truck drivers. There are several ways that trucking companies can be liable for accidents involving their drivers, including negligence in hiring, inadequate truck maintenance, or failure to comply with trucking regulations.

Contact a Trucking Accident Attorney

If you or a loved one were in a car accident with a large truck, you may have the right to receive compensation for your medical bills, lost wages, and pain and suffering. Determining fault in a truck accident case is often fact-intensive and may require the opinion of an accident reconstruction expert. Even simple cases often involve extensive physical and financial damages. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

Posted in General
December 10th, 2019 by Daniel Rose

Biggest Mistakes Victims Make After a Car Accident

If you’ve been in a car accident, you are likely overwhelmed, scared, and possibly injured. How you respond to the situation can strongly determine your ability to recover compensation for your injuries and property damage in a future lawsuit. Understanding the most common mistakes people make after a car accident can help ensure that you learn from their experiences.

1. Not Calling the Police

Always call the police. Having an official police report will provide an official public record of your accident and the circumstances surrounding it. The police will describe the scene, relevant traffic lights and signs, speak with witnesses, take down pertinent information, determine liability, and collect evidence that others typically would overlook.

2. Admission of Guilt

Oftentimes, when people are in car accidents, they are shaken up emotionally. They may immediately start saying to the other driver or passengers, “I’m so sorry!” It is highly inadvisable to never admit any kind of guilt after a car accident, even if the entire crash was your fault. Anything you say can be used against you in a court case.

3. Failing to Seek Medical Care

Many people fail to immediately seek medical care if an ambulance does not arrive on the scene. This is the one time you should not “tough it out.” Injuries suffered from car accidents can take hours or days to present themselves and can still be serious or even life-threatening. Some of your injuries may be diagnosed by a medical professional only. Additionally, any medical reports or testing you have done after an accident only goes to bolster your case that you suffered from physical injuries due to the car accident and deserve compensation. In fact, a jury or judge will almost certainly require that you submit medical records to prove the nature and extent of your injuries.

4. Failing to Negotiate with Insurance Companies

Insurance adjusters are trained to be calm and kind on the phone. However, they may attempt to record your answers, or twist your words to imply that you are not as seriously injured as you claim or that you were responsible for causing the accident. Negotiating with insurance companies can be a daunting task, and some people simply do not want to participate in the adversarial process. Never agree to a quick settlement or sign any legal documents that you do not understand with your insurance company.

5. Discussing Your Accident on Social Media

Everyone discusses everything on social media. However, insurance companies have investigators that will scour social media sites to attempt to disprove your claim and settle for less than you deserve. Make sure to never admit guilt or discuss your medical condition on social media, as it can be used against you.

6. Waiting Too Long to File a Claim in Court

The State of California requires that personal injury victims file a claim in court within three years from the date of the accident. While that may sound like a long period of time, after your medical treatment is over and the insurance company has stalled your settlement talks, this time can run out quickly. Always make sure to file your claim in a timely manner, or you will lose your right to receive compensation that you deserve for your injuries.

Contact an Experienced Personal Injury Attorney

If you were in a car accident, caused by the negligence of someone else, you may have the right to receive compensation for your injuries. Contact the Law Office of Daniel H. Rose at 415-946-8900 for your free consultation, and to help you with your next steps.

When A Car Accident Becomes a Crime

When most people think of a car accident, criminal charges typically do not come to mind. However, there are circumstances in which the State of California may impose criminal charges on a driver for a car accident. Learning when a car accident becomes a crime can help you determine the charges you may be facing, and what your next steps should be.

Vehicular Manslaughter

Under California law, if a driver kills or permanently injures another person due to their recklessness, illegal activity, or complete disregard for another’s safety, it may be possible for the state to file criminal charges. The California Penal Code has three categories of vehicular manslaughter as follows:

  • A driver drives with gross negligence while either committing a misdemeanor offense or while driving in such a way that might kill someone (Penal Code 192(c)(1))
  • A driver drives with ordinary negligence while committing a misdemeanor offense or while driving in such a way that might kill someone (Penal Code 192(c)(2))
  • A driver intentionally causes an accident for financial gain (Penal Code 192(c)(3))

Vehicular manslaughter can be either a misdemeanor charge or a felony charge, depending on the facts and circumstances of the case.

Gross Negligence

Driving with gross negligence can lead to either misdemeanor or felony charges. Gross negligence occurs when a driver acts far outside the normal bounds of responsible driving. Texting while driving and swerving in between lanes, speeding down a two-lane road with limited control of a car, or passing multiple cars at once could all be considered grossly negligent driving. Some other examples of gross negligence include the following:

  • Driving excessively fast for the roadway or conditions present
  • Swerving in and out of traffic
  • Illegally passing another vehicle
  • Intentionally running stop signs or red lights

Reckless Driving

If you are charged with reckless driving, it means that there was willful and wanton disregard for safety, making the chances of an accident likely. There are no exact guidelines to determine reckless driving, and most of the decisions to charge an individual with reckless driving are based on the facts and totality of the circumstances of the incident or accident. Some considerations may include where the accident occurred, who was near the accident, the weather conditions, whether there was construction on the roadway, if the accident was near a school zone, or if there were extenuating circumstances at the time, such as an emergency.

Other Criminal Offenses

Other criminal offenses that a driver can be charged with include driving while under the influence of alcohol or drugs, not obeying law enforcement and not pulling over when signaled to do, so or leaving the scene of an accident.

Contact a Criminal Defense Attorney

If you were arrested and charged with a criminal charge for your driving related to a car accident, you should contact a criminal defense attorney immediately to help you understand your rights, build a strong defense strategy, and represent you in court. Contact the Law Office of Daniel H. Rose at 415-946-8900 for your free consultation.

Bicycle Accident Statistics in California

California has the distinction of leading the nation in bicycle fatalities. While riding bicycles is a popular pastime in California, and around the U.S., accidents involving bicycles tend to be more serious and include more catastrophic injuries or death. The following are pertinent bicycle accident statistics in California.

Bicycle Accident Statistics

The National Highway Safety Administration indicates the following:

  • The average age of a bicyclist killed by a motorist in California is 45.
  • 88% of cyclist fatalities are male.
  • However, bicyclists ages 20-24 have the highest statistical rate of injury in cycling accidents.
  • Urban areas account for 71% of all cyclist deaths, most often at non-intersection portions of a roadway.
  • Alcohol was a factor only in 35% of all cases.
  • One-third of all non-fatal emergency room visits that relate to bicycle accidents involve children.
  • 20% of all bicyclist fatalities occur between the hours of 6 and 9 p.m.
  • California is the most dangerous state to ride a bicycle according to statistics, followed by Florida and Texas.
  • 2% of all transportation-related deaths nationwide are due to bicyclist accidents.
  • Over 400 riders who are killed each year were not wearing helmets.

Bicycle Accident Injury Statistics

According to the Centers for Disease Control (CDC), nearly half a million bicyclists went to the emergency room yearly for the treatment of injuries related to a bicycle accident. The most frequent causes of bicycle injuries are as follows:

  • Hit by an automobile (29%)
  • Losing balance and falling (17%)
  • Losing control on a poorly maintained roadway or surface (13%)
  • Inattention and other rider errors (13%)
  • Crashes with others, such as objects or cyclists but not vehicles (7%)
  • Crashes due to dogs (4%)

Interestingly, for states that have mandatory helmet laws, the injury rates for children under the age of 16 were 20% lower than the national average. Wearing a helmet absolutely saves lives and protects against more serious injuries.

Types of Bicycle Accident Injuries

The most common types of bicycle accident injuries include the following:

  • Traumatic brain injuries and head injuries, including skull fractures, concussions, brain contusions, and hemorrhaging
  • Facial and eye injuries, including facial fractures, foreign bodies in the eye, and dental fractures
  • Broken bones and musculoskeletal injuries, including fractures, strains, and dislocations
  • Rib fractures or lung injuries
  • Abdominal and organ injuries, including pancreatic trauma, rental contusions, pelvic fractures, hernias, bowel contusions, and hepatic lacerations.
  • Soft tissue or skin injuries, including bruises, scrapes, cuts, embedded debris, and “road rash”

As a bicyclist, you should always wear a helmet and ride defensively, especially when sharing the road with motor vehicles.

Contact a Personal Injury Attorney

If you were injured in a bicycle accident in California, you may have mounting medical bills, lost wages, and emotional distress. If your accident was due to someone else’s negligence, you may have the right to receive compensation for your injuries, your medical bills, your loss of income, and even pain and suffering. Contact the Law Office of Daniel H. Rose at 415-946-8900 to help you protect your rights, and help you receive the compensation you deserve.

The Process for Reporting Unsafe Driving by Truck Drivers

If you believe that a trucking company is engaging in negligent or dangerous behavior, you have options to report these unsafe practices. If you have been a victim of a trucking accident and suffered injuries due to a truck driver or trucking company’s negligence, you should contact an experienced injury attorney as soon as possible.

To report unsafe driving by a truck driver, follow these steps:

1. Call 911

If you witness a dangerous or emergency situation on a roadway that involved a semi-truck or other commercial truck, call 911 immediately. This is important not only for your safety but for everyone else on the roadway. Make sure to give the 911 dispatch operator as much information as you can regarding the dangerous and unsafe behavior including a license plate number, if possible.

2. File a Complaint with the FMCSA

After calling 911, or if the behavior you see is not an immediate emergency but is still unsafe or negligent, you should file a complaint with the Federal Motor Carrier Safety Administration (FMCSA) as soon as possible. The FMCSA is a division of the Department of Transportation (DOT) and has the authority to enforce federal trucking regulations and laws.

Some of the types of complaints you can file against an unsafe trucking company is as follows:

● Speed
● Distracted Driving
● Driving While Under the Influence of Drugs or Alcohol

If you are a truck driver and want to file a complaint with the FMCSA against your trucking company employer, you may be able to do so for the following reasons:

● Hours of Service. Requiring you to drive over the legal amount of time and not allowing rest breaks
● Maintenance and Inspection. Failing to maintain trucking vehicles in proper working order and failing to perform routine inspections to ensure trucking safety
● Record Keeping. Both drivers and trucking companies must maintain logbooks that document information such as maintenance and hours on the road. Any falsification or improper maintenance of these logbooks is a serious violation.

There is a National Consumer Complaint Database at the DOT that maintains all complaints against trucking companies. These databases are monitored so that the DOT can put a stop to any habitual violators of safety laws. By taking the time to report an unsafe trucking company or truck driver, you are helping populate the database and removing some repeat offenders from the roadways.

3. File a Complaint with the California State Department of Transportation

You may also file a complaint directly with the California Department of Transportation. Every state has its own rules and requirements for trucking, and California is no different. If you believe you have seen a trucking company violate state laws, you have the right to file a complaint directly with the State of California.

4. Contact an Experienced Accident Lawyer

If you, or a loved one, were a victim of a trucking accident due to an unsafe truck driver, or unsafe practices from trucking companies, you may be entitled to receive compensation for your injuries. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

How to Report Unsafe Trucking Companies

Different models of powerful professional semi trucks for modal transport commercial goods, stand in a row on a truck stop parking lot in anticipation of the continuation of the working traffic schedule surrounded by green trees. How to Report Unsafe Trucking Companies, Dan Rose Law, truck accident lawyer

If you believe that a trucking company is engaging in negligent or dangerous behavior, you have options to report these unsafe practices. If you have been a victim of a trucking accident and suffered injuries due to a truck driver or trucking company’s negligence, you should contact an experienced injury attorney as soon as possible.

To report unsafe driving by a truck driver, follow these steps:

  1. Call 911

If you witness a dangerous or emergency situation on a roadway that involved a semi-truck or other commercial truck, call 911 immediately. This is important not only for your safety but for everyone else on the roadway. Make sure to give the 911 dispatch operator as much information as you can regarding the dangerous and unsafe behavior including a license plate number, if possible.

  1. File a Complaint with the FMCSA

After calling 911, or if the behavior you see is not an immediate emergency but is still unsafe or negligent, you should file a complaint with the Federal Motor Carrier Safety Administration (FMCSA) as soon as possible. The FMCSA is a division of the Department of Transportation (DOT) and has the authority to enforce federal trucking regulations and laws.

Some of the types of complaints you can file against an unsafe trucking company is as follows:

  • Speed
  • Distracted Driving
  • Driving While Under the Influence of Drugs or Alcohol

If you are a truck driver and want to file a complaint with the FMCSA against your trucking company employer, you may be able to do so for the following reasons:

  • Hours of Service. Requiring you to drive over the legal amount of time and not allowing rest breaks
  • Maintenance and Inspection. Failing to maintain trucking vehicles in proper working order and failing to perform routine inspections to ensure trucking safety
  • Both drivers and trucking companies must maintain logbooks that document information such as maintenance and hours on the road. Any falsification or improper maintenance of these logbooks is a serious violation.

There is a National Consumer Complaint Database at the DOT that maintains all complaints against trucking companies. These databases are monitored so that the DOT can put a stop to any habitual violators of safety laws. By taking the time to report an unsafe trucking company or truck driver, you are helping populate the database and removing some repeat offenders from the roadways.

  1. File a Complaint with the California State Department of Transportation

You may also file a complaint directly with the California Department of Transportation. Every state has its own rules and requirements for trucking, and California is no different. If you believe you have seen a trucking company violate state laws, you have the right to file a complaint directly with the State of California.

  1. Contact an Experienced Accident Lawyer

If you, or a loved one, were a victim of a trucking accident due to an unsafe truck driver, or unsafe practices from trucking companies, you may be entitled to receive compensation for your injuries. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

5 Post Car Accident Symptoms to Watch Out For

Modern car accident involving two cars on the road, Dan Rose Law, Car accident attorney

If you were involved in a car accident, you may have felt fine at the scene of the crash. Even immediately after, you may have felt that you suffered only minor injuries or no injuries at all. However, adrenaline can mask serious and life-threatening injuries, and after a car accident, it’s important to watch out for these five common symptoms that are not always immediately discovered or identified.

Traumatic Brain Injuries

Traumatic brain injuries (TBI) are one of the most common injuries suffered in car accidents.   Traumatic brain injuries are serious medical issues and can cause everything from mild to serious concussions. While brain injuries are oftentimes not felt immediately after an accident, days (or even weeks) later, a victim of a car accident will notice serious cognitive dysfunction. Traumatic brain injuries can leave victims with the inability to think clearly, motor skill issues, balance issues, confusion, nausea, personality changes, disorientation and more, for months or years.

Spinal Cord Injuries

Spinal cord injuries are very serious and can result in partial or complete paralysis.  In most cases, these types of injuries will be evident immediately, however, in other cases, they can take days to present themselves. Backs can feel sore after a car accident, and some people may consider that their pain is just muscular, and not a true spinal cord injury. However, spinal cord injuries can cause someone to become a paraplegic, quadriplegic or tetraplegic. These injuries often are permanent and can be life-altering requiring physical therapy.

Whiplash

Everyone has heard about whiplash after a car accident and some mistakenly regard it as a minor injury. However, whiplash can be a serious and severe injury. Adrenaline can mask a lot of pain and damage. Also, people may just feel slightly sore the day after the accident, and it is only until a few days have passed that they realize how serious their injury may be. Whiplash, if left untreated, can cause permanent damage. It can cause excruciating pain and easily take months of therapy to resolve.

Internal Injuries

After a car accident, a victim may notice some minor scrapes and bruises. It is important to watch for other more serious internal injuries, as these minor scrapes and/or bruises can be a warning sign that serious internal injuries have occurred in the traumatic impact of a car accident. Typically, internal injuries are never visible to the naked eye and diagnostic testing and imaging is necessary to determine the nature and extent of the injury. A doctor or medical professional should give you a complete medical evaluation following an accident to determine if there are any internal injuries.

Bone Breaks and Fractures

Similar to internal injuries and traumatic brain injuries, a car accident victim often does not notice that they have broken or fractured bones until days or weeks after the accident. While substantial bone breaks are easy to identify, smaller hairline breaks or fractures can present as minor pain, and a victim may dismiss this pain as an unimportant health concern. Always seek the medical advice of a professional for any pain you have after a car accident.

Contact an Experienced Accident Lawyer

If you or a loved one were a victim in a car accident and suffered injuries, it is always important to seek the medical attention of a doctor or other medical professional as soon as possible. To determine your legal options to recover compensation for your injuries, contact The Law Office of Daniel A. Rose and our experienced accident lawyers will be happy to assess the strength of your claim. Call for a free consultation today at 415-946-8900 or visit us online.

Common Causes and Liability in Trucking Accidents

The Federal Motor Carrier Safety Administration (FMCSA), a branch of the U.S. Department of Transportation, establishes rules and regulations related to the trucking industry. While these rules and regulations are intended to keep the roadways safe, many truck drivers opt to ignore safety guidelines and laws established for their safety, and the safety of others on the road. Trucking accidents can be catastrophic, leaving motorists severely injured or dead.

Statistics show that an accident involving a semi-truck or commercial truck is 10 times more likely to result in a death than a typical car accident between vehicles. Knowing the most common causes of trucking accidents, and liability for injuries can help you either avoid an accident or know what to do if you are ever involved in an accident with a semi-truck.

Trucking Accidents Caused by Truck Drivers

The number of trucking accidents has increased by 20 percent in the past two decades. The business model involving commercial truck drivers requires constant shipments of products to be made to obtain profit. While there are inherent dangers due to the vast size and weight of commercial trucks and semi-trucks themselves, there are also other dangers in driving these massive vehicles. Some common accidents that are the fault of the truck drivers include:

Inadequate or poor training regarding safety and driving of commercial trucks
Compensation structures and unrealistic schedules that reward faster speeds and more hours

Trucking Accidents Caused by Motorists in Passenger Vehicles

Trucking accidents are not always caused by commercial trucks, but rather passenger vehicles. Common accidents that are the fault of passenger vehicles include:

  • Unsafe driving such as changing lanes abruptly, attempting to maneuver around a truck making a right turn, improper merging, misjudging a truck’s speed, failure to slow down or speed up around a truck that is changing or merging lanes, passing unsafely
  • Driving between large commercial trucks
  • Abandoning a passenger vehicle in a travel lane or not moving a vehicle off the roadway
  • Driving in a “no-zone” which is the area beside and behind a commercial or semi-truck where the driver has either limited or no visibility

Liability in Trucking Accidents

Several different parties can have liability for a trucking accident. The most common parties to have liability include:

  • The driver of the passenger vehicle
  • The driver of the truck
  • The owner of the truck or trailer
  • The person (or company) that leased the truck from the owner
  • The shipper or loader of the truck’s cargo (as the cargo may have been loaded incorrectly and unsafely)
  • The manufacturer of any defective part or component of the truck that was a cause of the accident

As expected, companies will argue over who has liability and whose insurance company will have to pay for any injuries suffered due to the trucking accident. However, federal laws have halted the ability of trucking companies and owners to shift blame and remove themselves from liability.

Under the current federal laws, any trucking company that has trucking permits is responsible for any accident that involves a truck with its name or placard displayed.

Contact an Experienced Trucking Accident Lawyer

If you, or a loved one, was injured in an accident with a commercial truck or semi-truck, you may be facing a life-long disability, permanent injury or even wrongful death. Contacting an experienced trucking accident lawyer can help you understand your rights. We welcome you to call us for a free, no-obligation consultation and evaluation by a knowledgeable lawyer. Learn more about what you can expect when you call and about our experience, reputation and commitment to our clients.