Truck Accident Attorney in California: Why Commercial Cases Are Different
In California, truck accidents can become much more complicated than average vehicle collisions. This is because the impact of the large truck colliding with another vehicle leaves severe damage and long-term injuries. Truck accidents in California pose concerns and safety risks to pedestrians and other drivers. Commercial truck accidents may also involve multiple parties, federal safety regulations, extensive evidence, and higher insurance coverage limits. Speaking to an attorney when being involved in a commercial truck accident can help victims understand their injuries and proceed with their claims in the future.
The Size and Weight of Commercial Trucks
Commercial trucks are extremely large in size. When a truck accident occurs, the impact from the truck’s weight can cause various injuries that may last a lifetime. As a result of its size and weight, injuries commonly associated with truck accidents may include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal bleeding or organ damage
- Severe lacerations
- Long-term physical impairments
- Extended medical treatment and rehabilitation
Commercial Trucking Is Highly Regulated
Commercial trucking requires many federal and state regulations. Truck drivers must follow strict safety rules to reduce the risk of injury for themselves and other pedestrians and drivers on the road. A breach in these rules may help investigators determine who is liable for the truck accident. The following is a list of trucking safety regulations.
- Vehicle maintenance requirements
- Routine inspections
- Maintenance logs
- Brake and tire safety standards
- Cargo securement rules
- Proper weight distribution
- Secure cargo loading
- Hazardous material requirements
- Commercial driver licensing standards
- Specialized training
- CDL certification requirements
- Drug and alcohol testing
- Pre-employment testing
- Random testing
- Post-accident testing
Multiple Parties May Be Involved
Commercial truck accidents may involve multiple parties, including the following.
- The truck driver
- The trucking company
- The company that loaded the cargo
- A vehicle maintenance contractor
- A truck manufacturer
- A parts manufacturer
- A third-party logistics company
Documentation is essential when dealing with truck accidents, as preserving the necessary evidence may help investigators understand who is responsible. The following is a list of possible situations in which multiple parties are held accountable for misconduct.
- Improperly loaded cargo caused a truck rollover
- Mechanical failure due to poor maintenance
- A defective brake or steering system
- Driver fatigue due to excessive work schedules
- Inadequate driver training by the trucking company
Employer Responsibility in Trucking Accidents
In some instances, a trucking company may be held accountable for actions taken by its driver while on the job. Important records that can determine liability include:
- Driver qualification files
- Employment records
- Training documentation
- Vehicle inspection reports
- Maintenance logs
- Safety policy manuals
- Electronic logging device (ELD) records
Higher Insurance Coverage Requirements
Higher policy limits may affect how insurance companies approach negotiations. Truck accident claims often involve intense insurance investigations that may include:
- Accident reconstruction reports
- Medical records
- Vehicle damage reports
- Witness statements
- Driver records
Evidence Often Found in Truck Accident Cases
Truck accident cases require specific evidence to proceed with a claim. This is frequently different from car accident cases. Evidence that is necessary for truck accident cases may include GPS tracking data, cargo loading documentation, and driver training records. These types of documentation are crucial in determining who may be responsible for the collision. An experienced professional can help victims understand the severity of preserving the necessary documentation to make the claims process smoother. Victims of truck accidents should also record the scene by taking photos or videos of the events of the crash. Oftentimes, evidence can disappear after a collision occurs. As a result, victims are left trying to remember what happened before, during, and after the accident. This can spread misinformation and create an unclear image of the events that transpired.
Filing Deadlines in California Truck Accident Cases
An attorney can help victims understand the strict deadlines in California truck accident cases. Victims are given a two-year window to file a lawsuit from the day of the initial accident. This is important to follow as missing a deadline can severely affect the ability to pursue a claim.
How a Truck Accident Attorney May Help
A truck accident attorney can help clients understand the extent of their injuries and the next steps in their claims process. An attorney may also:
- Speak to insurance companies
- Evaluate the case
- Preserve the necessary evidence
- Determine who is liable for the damage caused
How KAASS LAW Can Help
KAASS LAW wants victims of truck driving accidents to feel as though they can focus on recovering from their injuries. Our team of experienced personal injury attorneys can handle the legal and administrative complexities of your case and provide you with clear guidance on the next steps in moving forward with your claim. KAASS LAW can explain how trucking regulations may apply and identify potentially responsible parties. If you have experienced injuries from truck accidents, KAASS LAW will stand by your side. Call KAASS LAW today.