An experienced California truck accident attorney is familiar with many types of cases, and truck accidents are far too common in Los Angeles and throughout the state. Semi-trucks, big rigs, tractor-trailers, and other large trucks share the roads with millions of cars. Crashes involving any of these often result in extensive damage, catastrophic injuries, and even death.
The cause and nature of an accident are critical in valuing a case and fighting for a fair settlement. A truck accident attorney understands how to navigate the most complex cases. Whether litigation involves taking on an insurance company, trucking firm, truck owner, shipper, cargo loader, manufacturer, another driver, or government entity, a skilled lawyer will hold at-fault parties responsible and fight to get maximum compensation for their clients.
When you hire a truck accident lawyer to represent you and fight for your rights, they can handle the following:
Truck Accident Cases Involving Driver Fault
A truck driver has a substantial duty to ensure they don’t put others’ safety at risk. There’s no room for error, negligence, or reckless driving. The most common vehicle accident cases involving driver fault include the following:
- Fatigue: Exceeding the maximum allowable hours of driving can cause a driver to become fatigued; this can affect their judgment, concentration, and reaction time. Exhausted drivers have even been known to fall asleep at the wheel. Federal law requires truck drivers to rest for at least ten consecutive hours before they can drive 11 hours over 14 hours.
- Distracted Driving: Texting, talking on the phone, using a radio, eating, or reading a map while driving increases the risk of any driver causing an accident. The dangers are much greater if someone driving a large, heavy truck is distracted.
- Speeding: Driving over the speed limit makes driving any vehicle dangerous. However, large trucks take much longer to stop than cars, so speeding can lead to catastrophic accidents that can severely injure or kill drivers, other vehicle occupants, pedestrians, and bicyclists.
- Driving Under the Influence: Driving while under the influence of alcohol, illicit drugs, and even some prescription medications can impair truck operators, increasing the risk of a crash. Drowsiness, a slower reaction time, or altered perception is extremely dangerous when operating any type of vehicle, not to mention a large, heavy truck.
- Unsafe Lane Changes: A commercial truck making a lane change can affect multiple vehicles around it. Truck drivers have a legal duty to change lanes safely. Otherwise, they can cause serious and life-threatening injuries. Negligent actions include failing to use turn signals, changing lanes at high speeds, and being inattentive to the environment around them.
Truck Accident Cases Involving Cargo Loading Issues
When an accident occurs because of improperly loaded cargo, the driver or other entity responsible for loading the truck may be at fault. A big rig accident attorney can handle cases that involve:
- Jackknife Accidents: A jackknife accident is often caused or exacerbated by improperly distributed or balanced loads. It can be triggered by speeding while a truck is turning or exiting a highway. When a truck driver brakes suddenly, the trailer can swerve across multiple lanes, causing other drivers to collide with it. Jackknifing is often a result of negligence, with contributing factors such as:
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- Lack of maintenance
- Overloading
- Reckless driving
- Driving under the influence
- Equipment malfunctions
- Driver fatigue
- Insufficient training
- Rollovers: A rollover is the most dangerous type of crash a truck accident attorney encounters. It accounts for a high proportion of passenger car fatalities involving large trucks, even though just a small percentage of truck accidents involve rollovers. These crashes can occur due to unbalanced/shifting cargo, poor judgment, driver fatigue, extreme weather, and road conditions. A tight turn, excessive speed, or an evasive maneuver can cause a truck to roll over; the chain of events leading to it often starts as the driver overcorrects a maneuver.
During a rollover crash, the sheer weight of a truck can cause another vehicle’s roof to collapse, threatening the lives of drivers and passengers. Vehicle occupants can be ejected onto the roadway. Rollovers are also known to result in vehicle fires.
Truck Accident Cases Potentially Involving Multiple Parties
In many truck accidents, the driver isn’t the only party at fault. California’s comparative liability laws allow blame to be shared across multiple parties. Therefore, any liable party may be required to pay a percentage of the total damages, and a plaintiff’s compensation can be reduced in proportion to their level of fault. The types of truck accidents that can involve multiple parties include the following:
- Poor Maintenance: The driver or the truck company may be responsible for maintaining the truck, which includes brake, tire, engine, trailer coupling, and other types of maintenance. A failure to service the vehicle can make driving the truck dangerous and increase the risk of a crash.
- Defective Products: If defective brakes, suspension components, or other parts cause a truck accident, a manufacturer may be liable to pay damages. A truck accident attorney can file a lawsuit under product liability law. However, a mechanic or repair shop can be found negligent if their mistake or omission led to a condition that contributed to an accident.
- Underride Accidents: In an underride accident, another vehicle barrels under a semi truck’s trailer and gets stuck. The truck’s momentum can drag it along. The law requires safety bars on the back of trucks to prevent these deadly accidents. Underride crashes may be caused by sudden stops, an absence of exterior lights or warnings, or motorists who tailgate. They can occur from the side at intersecting lanes, during left turns, or if a semi runs a red light.
- Rear-End Accidents: A motorist can rear-end a semi if the driver fails to maintain a safe distance between their truck and other vehicles. Even a low-speed accident can have fatal consequences. Rear-end crashes can be caused by other motorists’ negligence and truck drivers who cut in front of other drivers.
- Bicycle/Pedestrian Accidents: If a bicyclist or pedestrian is hit by a truck, the consequences are often fatal. A truck’s blind spots or a driver’s inattention or failure to yield can contribute to a crash. The negligence of other motorists can also be a factor if a truck driver must take evasive action that puts individuals at risk.
- Wide-Turn Accidents: A wide right turn can cause a truck to collide with other vehicles. Failing to signal or misjudging the space around the truck can lead to crashes. A lack of visibility and poor road planning and design can also play a role. Therefore, a lawsuit can involve a road construction company or city planning agency.
- Runaway Trailers: Imagine a multi-ton trailer breaking away from the cab and hurling toward other vehicles on a highway. Truck drivers are required to check the coupling mechanism securing the trailer to the cab. However, a poorly maintained coupling, which may be the truck company’s or mechanic’s fault, or a manufacturing defect may contribute to an accident involving a runaway trailer.
Types of Trucks That May Be Involved In an Accident
When gathering the facts about a truck accident, an attorney will also consider the type of truck involved. This is an important detail when building the facts of a case. Commercial trucks are large and heavy but come in many shapes, sizes, and configurations. They can include the following:
- Big Rigs: Big rigs are massive trucks that can weigh up to 80,000 pounds, which is many times more than cars and SUVs.
- 18 Wheelers: These large trucks have numerous large blind spots (the so-called “No Zone” areas). Even a minor traffic violation can be devastating for a motorist.
- Semi-Trucks: Trucks carrying just one cargo trailer account for most semi-truck accident deaths. No matter the truck’s size, it can be dangerous if driven improperly.
- Tractor Trailers: Large tractor trailers can easily jackknife until the trailer and truck are at a 90-degree angle, involving multiple vehicles and causing severe injuries.
- Cargo Trucks: Any truck carrying cargo can be dangerous if the cargo is unsecured and imbalanced. A slight shift can cause the truck to tip over or crash.
- Delivery Trucks: Delivery truck drivers, whether they work for UPS, FedEx, or the USPS, are often on tight deadlines and in a rush, which can contribute to accidents.
- Moving Trucks: Moving contractors often don’t load items properly and are in a hurry. Careless mistakes can lead to accidents that cause serious injuries and property damage.
- Dump Trucks: A truck operator backing up or dumping close to sloping grade can put other workers, drivers, and pedestrians at risk.
- Garbage Trucks: A careless, impaired, or inexperienced driver can cause hazards, as can a lack of visibility, being too close to other vehicles, and having too large a load.
- Cement Trucks: A cement truck has a high center of gravity, which can add to the trouble if the cement load isn’t balanced, leaks, or hardens inside the tank.
- Construction Vehicles: Bulldozers, compactors, asphalt milling machines, truck cranes, earthmovers, forklifts, and other construction vehicles can become hazards if operated improperly.
- Oversized Load Trucks: Oversized loads require trucks to make wide turns and have abundant clearance. Vehicle weight, load balance, and driver caution are crucial for safety.
Frequently Asked Questions
What Are Common Injuries In Truck Accidents?
Speed, the force of an impact, and a truck’s weight combine to cause often debilitating and life-threatening injuries in an accident. These are the most common injuries seen by truck accident attorneys:
- Chronic pain
- Neck injuries
- Back injuries
- Head injuries
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones
- Internal bleeding
- Road rash
- Whiplash
- Burns
- Amputations
- Paralysis
- Scarring
- Wrongful death
What’s the Statute of Limitations for a Truck Accident Case?
In California, a truck accident lawsuit can be filed up to two years from the date of the collision. The legal process involves many steps. We advise contacting a truck accident attorney as soon as possible so all steps are taken to meet the deadline.
What Can a Truck Accident Attorney Get Me Compensated For?
A truck accident settlement can be in the multi-million-dollar range. Accident cases involving severe injuries or deaths typically have the highest payouts. The compensation you receive can be used to cover:
- Medical expenses
- Ongoing care
- Lost wages
- Reduced earning capacity
- Vehicle damage
- Pain and suffering
- Loss of enjoyment of life
Contact a Los Angeles Truck Accident Attorney Today
The Law Offices of Jacob Emrani have experienced lawyers ready to take on any truck accident case. Our team fights for our clients’ rights. Their extensive knowledge of the law enables them to build a strong case regardless of the type of accident. An ability to negotiate with insurance companies and other parties also helps ensure you get the compensation you deserve. To speak with a tractor-trailer accident attorney and receive a free case consultation, contact us online or call (888) 952-2952 today.