Trucking and Tractor Trailer Accidents

With the explosion of trucks on California Highways, accidents between vehicles and semi-trailer trucks are on the rise. Truck accident often occurs when trucks are traveling in an unsafe manner or are loaded in an unsafe manner, causing catastrophic injuries and wrongful death.

Were you injured in an Accident caused by Truck?

Some of the serious injuries that can occur because of a truck accident include:

  • Broken bones and fractures
  • Permanent scarring
  • Internal organ damage
  • Neck injuries
  • Amputation
  • Spinal cord and back injuries
  • Quadriplegia, paraplegia and other forms of paralysis
  • Brain injuries

Today, to help reduce fatal California truck accidents, each truck driver is required to be licensed in his or her State of principal residence. Additionally driving record must be kept in a centralized computer for access by each state. Laws were enacted to prohibit truck drivers from having more than one license. By 1992, truck drivers were required to meet minimum national standards in order to operate a tractor trailer. Once a driver met these standards, he can be issued a Commercial Driver's License ( CDL). The new law also required each state to adopt uniform testing standards for commercial drivers prior to being licensed. A CDL is required to operate the following vehicles:

  • any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 or more pounds, providing the GVWR of the vehicle being towed is in excess of 10,000 pounds;
  • any vehicle, regardless of size, designed to transport 16 or more persons, including the driver; and any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Causes of Truck Accidents

The Federal Motor Carrier Safety Act (FMCSA), considered the driving force behind the regulation of the trucking industry to reduce truck accident, covers issues such as driver qualifications, emergency equipment, safe loading, alcohol and drug usage and a number of other factors. Some of the most common causes of trucking accidents include:

  • Lack of training
  • Overloaded trucks
  • Oversized trucks
  • Brake failure/defect
  • Poor driving conditions
  • Driver inexperience
  • Fatigue
  • Speeding
  • Running off the road
  • Failure to yield the right of way
  • Aggressive driving behavior
  • Driving under the influence of drugs and/or alcohol
  • Dangerous or reckless driving
  • Mechanical failure
     

Personal injuries and damages resulting from your truck accident may not be readily apparent immediately following the incident. In addition to the damages to property at the scene you may end up with medical bills beyond expenses your insurer or that of another party at fault are accommodating.

The laws pertaining to each of these specialties is constantly changing and requires knowledge of the current laws pertaining to each of case. Regardless of the nature of your particular personal injury there are stringent constraints pertaining to time frames in which a personal injury claim must be submitted and specific documentation that must be submitted when you file your claim.

Among the considerations in a personal injury claim is the time frame in which you must file. Generally, you have two years from the time the cause of action accrues. Discovery rules states the limitations period commences when the plaintiff should reasonably have knowledge of the injury and its cause. This provides for the fact that the extent of your injuries may not be readily apparent and develop over time. The ability to accurately ascertain the damages over time becomes extremely important when you consider your compensation will include:

  • Medical expenses, including future medical care and other expenses related to the injury
  • Loss of earnings
  • Lost ability to work in your career of choice
  • Property damage
  • Damages for pain and suffering
  • In some cases, punitive damages
  • medical bills

Attorney Brian J. Morgan has the knowledge and experience to help you maximize recovery after a truck accident injury or fatality.  He handles civil litigation in San Bernardino county, Riverside and Los Angeles area. Mr. Morgan serves clients in High Desert area - Apple Valley, Victorville, Hesperia, Phelan, Lucerne Valley; Barstow and its surrounding communities - Newberry Springs and Yermo.

Trucking Accidents - Apple Valley, CA - Morgan Law Firm


FREE CONSULTATION

Contact 760-242-8298 or 760-256-2183 NOW!!



NO FEE UNTIL MONEY RECOVERED
 

© 2013 Morgan Law Firm  All Rights Reserved
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to call Morgan Law Firm and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.