Category Archives: Truck Accidents

How do Settlements with Commercial Vehicle Accidents Work?

15 March
2021

Even when drivers are careful, accidents still occur. Experiencing an accident may not always be avoidable. Accidents that involve a semi-truck or tractor-trailer can leave victims with even more severe injuries and financial damages due to the size and weight of the commercial vehicle. As the victim, you may encounter costly medical bills, time away from work, and haggling with insurance companies. This leaves you wondering whether the commercial vehicle can be held responsible for the damages suffered.

Can I File a Lawsuit?

 Under California law, liability for car accidents, including commercial vehicles like trucks, is determined by the responsible party.  Anyone can file a personal injury lawsuit, but for it to be successful, there has to be evidence showing that the commercial vehicle was negligent in causing the accident.

There are two ways to determine fault: (1) common law negligence and (2) by a statute. The first, common law negligence, requires a showing that the driver failed to exercise reasonable care in operating their commercial vehicle. Police reports, witness statements, and other investigatory tools are used to prove the driver’s negligence.

The second way, proving fault through statute, is easier to prove. California lawmakers have already found certain conduct negligent, like speeding or running through a red light. It’s outlined in the California Vehicle Code. If a commercial vehicle was involved in such behavior, then it is likely that they were at fault.

However, since California is also a “comparative fault” jurisdiction, the damages any victim can recover will be evaluated based on the percentage the person contributed to the accident. That means that even if the driver caused the accident, they might still have a personal injury claim.

Settlements

Suppose you were involved in an accident with a commercial vehicle. In that case, you should contact an attorney before speaking to a trucking company’s insurance company or accepting a settlement offer. While most cases won’t make it to trial, it doesn’t alleviate the injured party’s burden to investigate their case. To get the maximum settlement offer, insurance companies need to see the strength of the victim’s case.

To determine the extent of damages, first, you need to assess the damages. In California, personal injury victims involved in accidents with commercial vehicles may recover medical expenses, loss of income, pain and suffering, and others.

In accidents involving commercial vehicles where injuries are extensive, it is essential to document medical expenses. Gathering medical bills from hospitals, specialists, ambulance fees, and physical therapy or potential procedures will assist in determining the extent of injuries. Depending on the severity of the injuries, it may take time to gather all medical expenses and to monitor other injuries that arise.

Contact an Experienced Personal Injury Attorney

An injured party has two years to file a claim in civil court for a personal injury claim. Negotiating with a commercial vehicle’s insurance company doesn’t require that a lawsuit be filed with the court. However, it is crucial because if the insurance company delays negotiations, the victim may forgo its right to have a court review the case. Contact our attorneys at 415-946-8900 or at Dan Rose Law to schedule a free consultation about your specific case.

How Are Truck Accidents Different from Other Car Accidents?

14 April
2020

Commercial trucks can include concrete trucks, tractor-trailer trucks, dump trucks, tow trucks, and construction trucks, among others. These large commercial trucks can often weigh over 80,000 pounds, which is 20 times the weight of a typical passenger vehicle. Truck drivers are incentivized to drive quickly to either deliver cargo in the shortest period of time or complete a construction job quickly.

While federal and state regulations both have strict guidelines regarding the operation and maintenance of these large vehicles, in many cases truck drivers, trucking companies, and manufacturers overlook these legal regulations in order to make additional profit.

When cargo is overloaded or unsecured, when tractor-trailer drivers operate their truck without ensuring that they meet the federal rest requirements, or when construction truck drivers operate their trucks without proper training, catastrophic injuries and even death can occur. There are several ways that truck accidents are different from typical passenger vehicle accidents.

Larger Medical Bills and Property Damage

When a large commercial truck collides with a passenger vehicle, the victims often suffer serious injuries. In many cases, a victim may suffer from traumatic brain injuries, aortic dissections, spinal cord injuries leading to paralysis, disfigurement, amputations, internal organ damage or bleeding, or even post-traumatic stress disorder from the trauma of the accident. Along with substantial medical bills, victims oftentimes is left with a car that is totaled and without transportation for the period of time until it can be either repaired or replaced.

Larger Insurance Policies

While the medical bills and property damage may be greater than typical passenger vehicle accidents, the insurance policies of trucking companies or truck manufacturers is also much more substantial. In some instances, the insurance policies covering commercial trucks can be up to fifty times the amount a typical driver carries on the roadway.

Determination of Liability

While most passenger vehicle accidents are typically between two drivers, and a determination of negligence must be made between those drivers (or more drivers if it is a multiple car pile-up), in the case of a commercial trucking accident, there are several more parties which may be liable and responsible for a victim’s damages and losses. These would include the following:

  • The truck driver
  • The trucking company (as the employer of the truck driver under a legal theory known as respondeat superior)
  • The truck owner (which is oftentimes different than the trucking company)
  • Any third-party that loaded the truck incorrectly
  • The shipper who hired the trucking company to deliver cargo
  • Manufacturer of any defective or flawed truck part or component which either caused or contributed to the trucking accident (Lemon Law Attorneys often deal with defective vehicle issues).

Contact an Experienced Attorney

If you were involved in a trucking accident, you likely suffered substantial injuries and property damage. Making the determination regarding liability can be a legally complex matter. Contact the experienced attorneys at The Law Office of Daniel H. Rose. We will work to build you a strong personal injury case to help you get you the compensation you deserve. Contact our experienced attorneys at (415) 946-8900 or online today.

The Process for Reporting Unsafe Driving by Truck Drivers

30 October
2019

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

24 October
2019

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.

Common Causes and Liability in Trucking Accidents

30 September
2019

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.