According to the Federal Motor Carrier Safety Administration, California ranks second among U.S. states for the number of fatal truck crashes. More than 12 million large commercial trucks and buses travel the United States each year, covering billions of miles and sharing the roadways with cars and other passenger vehicles.
Car accidents involving commercial vehicles in CA are different from other types of accidents. If you’re a victim of an accident like this, there are things you need to know as you pursue the compensation you deserve.
LA Century Law explains car accidents involving commercial vehicles in California.
Why Commercial Vehicle Accidents Are Different
Commercial vehicle accidents differ from private vehicle accidents in several respects:
- The company or business may be responsible for the actions of their driver.
- The company or business may need to follow strict guidelines depending on the weight of the vehicle. By way of example, if a truck weighs more than 26,000 pounds additional rules and laws apply.
- Fault may be based on a traffic violation, the actions of the trucking company in hiring, training, and managing the driver, or their operations management.
- Corporate structures can be complex. You must name the right defendant in your case. Sometimes this companies have a number of different shell companies that will need to be pursued in your injury claim.
- Because trucking companies cover large distances, jurisdiction, and venue can be complicated. You must determine where to file your case.
- Rules and regulations that apply to the trucking industry may affect the case. These laws exist on both federal and state levels.
- A victim may have life-changing injuries. Future damages can be compensated, but they must be accounted for and included in the original claim.
- Trucking companies are required to carry liability insurance beyond what individuals are required to have. This insurance can be beneficial to collect maximum damages following an accident with a commercial vehicle.
These are a few of the ways commercial vehicle accidents are different from other types of motor vehicle collisions. How you address these issues could influence the compensation you receive.
Common Causes of Accidents Involving Commercial Vehicles
Causes of accidents involving commercial vehicles include the following:
- Speeding, driving too fast for conditions
- Lack of proper equipment, including mirrors and lights, according to specifications
- Inadequate driver skills or training for operating a commercial vehicle
- Failing to inspect the vehicle before placing it into service; inadequate response to warning signs
- Working for too many hours without rest
- Failing to adequately balance a load, too heavy of a load, not securing hazardous materials
- Changing lanes without sufficient space
- Distracted driving, texting
- Driving under the influence of alcohol or drugs
- Mechanical failures, loss of control of the truck, equipment failure
- Weather, road debris, objects in the path
- Aggressive driving, careless driving
- Not taking road conditions like steep curves into account
- Potholes, sinkholes, other road deterioration, poor road design
Most truck accidents can be traced to a preventable cause. Negligence may be the basis of compensation for victims of commercial vehicle accidents.
Steps To Take Immediately After an Accident with a Commercial Vehicle
If you are in an accident with a commercial vehicle, take the following steps:
- Move out of harm’s way, if possible. Be mindful of traffic that may be in the area.
- Call emergency medical responders if there is any possibility of injury. Secure medical attention for injured victims first, including yourself.
- Take photos of the accident scene. Don’t compromise your safety or medical care to take photos; however, if someone can take photos and video safely, these images can document the accident scene.
- Get the license, employer, and truck identification information for the truck driver.
- Get names, license information, and insurance details for all drivers involved. Get contact information for all witnesses and vehicle occupants.
- Make sure the accident gets reported to the police. Even if you weren’t driving a vehicle, you need the police to respond. They will create an accident report that can help you later.
- Report the accident to your insurance.
- Continue to receive medical care.
- Save anything related to the accident, such as the clothing you were wearing and damaged property.
- Involve a lawyer as soon as possible.
It is always important to remember that these large trucks have many blind spots and attempt to avoid those spots whenever possible.
What You Need for a Strong Case
When a commercial vehicle is involved in an accident, victims must build a strong case. You need:
- Proof of what negligent acts occurred to cause the accident. In other words, you must explain what makes the defendant at fault.
- Proof that the trucking company may have negligently hired the driver when pursuing a negligent entrustment action. Negligent entrustment can be an additional cause of action against the company. This does not waive a claim against the driver who should also be insured under the company’s insurance policy.
- Verification of what losses you have because of the accident. These damages form the basis of economic and non-economic compensation.
- Information explaining how your damages are the result of the accident.
- The right legal steps to bring your case, negotiate your compensation or take your case to trial.
Legal Rights of Victims in Commercial Vehicle Accidents
Victims of commercial vehicle accidents have the right to:
- Seek compensation for damages payable under law by filing a claim. This includes but is not limited to damages for medical bills and invoices, lost wages, and property damage.
- File a claim for medical bills, lost wages, disability, impairment, suffering, and other losses.
- Have representation from an attorney of their choice.
- File a legal claim in the appropriate court, requiring the defendant to respond.
- Negotiate their compensation or take their case to trial.
- Accept or reject any settlement offers made by the defense.
- Have attorney-client privilege to discuss the case with their lawyer.
At LA Century Law, we help injured victims exercise their rights effectively. When you have serious injuries following a car accident with a commercial vehicle, you need a legal team that will represent your interests. We take your rights seriously. We’ve collected millions in compensation for our clients, and you have the backing of our accomplished team as we pursue your case.
The Role of Insurance in Commercial Vehicle Accident Claims
Insurance may play an important role in a commercial vehicle accident claim. California law requires commercial vehicle operators to carry minimum insurance. The specific amount depends on the materials being transported. For example, transporting oil requires at least a $1 million policy.
This is liability insurance that can pay compensation if you’re hurt in a crash. To receive compensation, you must prove your case, so don’t overlook the importance of proving fault.
Contact an Experienced San Bernardino Car Accident Lawyer
Work with a law firm that has a 99% success rate. If you need an experienced San Bernardino car accident lawyer for an accident involving a commercial vehicle, contact LA Century Law.