Highly Caring, Knowledgeable San Diego Truck Accident Lawyers

California is one of the leading states for truck accident deaths and injuries. Every year in Southern California, hundreds of motor vehicle accidents involve large trucks and commercial vans.

If you were injured or lost a loved one in an accident with any kind of commercial truck, call Padilla Law Group, LLP to speak with one of our truck accident attorneys. From our office in Encinitas, we represent injured individuals or those who lost a member of their family in semi-truck and commercial vehicle accidents throughout Southern California.

What To Know About The Laws For Trucking Companies And Truck Drivers

Successful representation in semi-truck crashes requires an in-depth understanding of federal and state laws regulating the over-the-road (OTR) freight industry. The Federal Motor Carrier Safety Administration (FMCSA) regulates truck company owners and truck drivers with a significant number of rules governing:

Truck driver drug and alcohol use and abuse
Truck and trailer maintenance requirements
Truck driver rest and sleep requirements
Commercial driver’s license (CDL) training and testing
Emergency stopping procedures
Vehicle and truck driver records and logbook entries

Many truck accidents involve violations of FMCSA regulations. Securing the records and preserving the evidence require a prompt response, an aggressive approach and an understanding of the law. When necessary, we work with a network of independent experts to prepare your case, including accident reconstruction specialists, medical experts and trucking industry professionals.

Answers To Some Of Your Common Questions

We regularly hear questions from our prospective clients about trucking injuries. In this section, you can see a few of the answers we have provided to frequently asked questions.

What are the common causes of truck accidents?

Several factors can contribute to semi-truck and tractor-trailer accidents. Some of these include:

Driver fatigue
Distracted driving
Reckless driving
Improper driver training
Lack of maintenance
Improper cargo loading

Two or more of these factors may be present in each case. Our experienced truck accident lawyers know how to investigate accidents involving large commercial vehicles and determine the causes.

What are the differences between car and truck accident cases in California?

A semi-truck crash presents unique legal issues. Unlike car accidents, where both drivers are typically insured by their own insurance companies, over-the-road (OTR) trucking companies may carry policy coverage or they may be self-insured for injury and wrongful death cases involving significant compensation. As you might expect, unscrupulous truck companies will do all they can to change or hide evidence and avoid liability, often going as far as having a local crash site investigator get to the scene within an hour of the accident.

What steps should I take after a truck accident?

In the aftermath of a truck accident, you should try to:

Get medical attention immediately
Take photographs of your injuries and the accident scene
Get the name and contact information of the other driver and any witnesses
Do not speak with any insurance company representatives

The sooner you hire a personal injury lawyer, the better your chances are of recovering maximum compensation for your damages.

What types of compensation can truck accident victims obtain?

We aim to maximize compensation for truck accident victims by helping them pursue the following economic and noneconomic damages:

Loss of consortium: When clients’ injuries impact their relationship with their spouse or partner, we work to put a financial value on this loss.
Loss of future income: We strive to recoup future earnings our clients lose out on because of their injuries.
Lost income: We help clients recover income they have lost because of their injuries.
Medical bills: We fight to get clients’ existing medical bills and future medical costs covered.
Pain and suffering: We seek to get clients compensated for the losses caused by the ongoing physical and mental effects of their injuries.
Wrongful death benefits: While families may struggle to find emotional relief after losing a loved one in a truck accident, we help them secure financial relief.

Clients may also be eligible to receive other types of damages depending on the specifics of their case.

What experts do attorneys work with to help truck accident victims?

Because truck accident claims are complex, attorneys work with a variety of individuals to get an accurate value of the compensation their clients deserve. Among the professionals they will likely consult are accident reconstructionists, crash scene investigators and doctors. Additionally, attorneys may talk with accident witnesses to get as complete a picture of the event as possible.

Who is liable for truck accident victims’ injuries?

Liability can be difficult to determine in truck accidents because multiple parties may share the blame. Attorneys establish fault by working with experts and witnesses, and they prove it using California’s negligence and strict liability laws. The state’s negligence laws apply when the actions of a truck driver cause an accident, whereas its strict liability laws apply when the actions of a third party – such as a trucking company or manufacturer – cause an accident. Both sets of laws may apply when a truck driver and a third party’s actions lead to a collision.

Are there rest regulations for semi truck drivers?

According to the Federal Motor Carrier Safety Administration, truck drivers have strict guidelines regarding their hours of service. Statistically, longer daily and weekly driving hours for truck drivers can lead to an increase in accidents. This is due to driver fatigue as well as other chronic health problems that arise from a lack of sleep.

To help decrease the risk of accidents as a result of long working hours, the FMCSA has limited the number of hours a truck driver can work consecutively without resting. Additionally, truck drivers must keep sleep and rest logs in their vehicles to prove that they are resting for the required amount of time.

The Hours of Service Regulation affects most drivers that operate commercial motor vehicles. This includes trucks that:

Weigh over 10,000 pounds
Transport certain quantities of hazardous materials
Transport more than 8 people for compensation
Transport more than 15 people not for compensation

What causes jackknifing?

Jackknifing is more common on slick roadways because traction is not as good when the roadway is wet as when it is dry and tires cannot grip as well. If the semi’s tires begin to slide on the road, it is easy for the cab to slow and the trailer to keep moving at the prior speed or for the trailer to speed up while the cab remains at the prior speed. This takes both parts of the semi out of sync and leads to the trailer going ahead of the cab, which then turns around due to the force of the trailer moving past it.

This can also happen if a driver practices bad breaking habits. Slowing the cab too quickly with hard breaking will lead to the trailer not having enough time to slow down. Thus, it continues past the cab, causing the jackknifing.

How can I avoid a truck accident?

The biggest tip to remember is to leave plenty of room between yourself and a semi truck. A semi truck can carry between 12,000 and 80,000 pounds in weight. This means that no matter how new or well-maintained the brakes are on the truck, it is unlikely it will be able to stop very quickly. Keep this in mind when you are merging on the highway at top speed and surrounded by semi trucks.

You should also never pass a truck on the right hand side. This is actually illegal in many jurisdictions due to how dangerous it is. The biggest blind spot a truck driver will have is on the right side of the truck, owing to how the driver sits on the left side. Thus, when approaching a semi truck to pass, you should always pass on the left.

Finally, you should never assume that a semi truck driver can see you just because you can see them. A good rule of thumb is to remember that if you cannot see the mirrors of the semi truck, it is unlikely the driver knows exactly where you are. This means you should never follow close behind a semi truck.

How does a truck accident victim set up a free consultation with a lawyer?

Setting up a free consultation is easy since most truck accident lawyers are ready and eager to help victims. Our San Diego truck accident lawyers are accessible, and our firm can be reached 24/7. The process for scheduling a free evaluation is simple: just email us or call us at 760-536-4415.

Discuss Your Truck Accident In A Free Consultation

Whether you are a truck driver or an everyday motorist, you deserve the help of Padilla Law Group, LLP after a serious truck injury. You pay nothing if we do not help you recover compensation in a settlement or trial. To get help from a truck accident lawyer, please call 760-536-4415 or send us an email for a free consultation.