Trucking accidents cause some of the most serious type of motor vehicle collisions due to the size and force of the vehicles involved, often resulting in catastrophic injuries or wrongful death. Trucking accident cases can be complex and require an understanding of both California and federal rules and regulations.
What are the rules and responsibilities of truck drivers?
Regulations developed by the United States Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) place strict requirements on truck drivers and the companies they drive for to ensure the safety of all motorists on the roadway. Failure to follow these safety laws can result in serious injury and substantial fines against trucking companies and their employees. The rules and regulations governing truck drivers can be found at 49 CFR Parts 300-399. For example, under 49 CFR section 380, a truck driver must successfully complete rigorous training and must demonstrate proficiency in safe operating practices.
Additionally, truck drivers must take at least 10 hours of consecutive rest after every 14 hours of consecutive driving. Furthermore, they may not drive for more than 11 hours out of each 14 hour period. (See 49 CFR §395.3(a)(2)-(3)(i)). Furthermore, all trucking companies are required to carry at least $750,000 of insurance to cover any accidents they may cause. (See 49 CFR §387.9)
How do I establish a trucking accident claim?
Truck accidents happen every day, but only certain cases are able to be filed as personal injury claims. In order for a trucking claim to be legally valid, the following elements must be proven:
- Duty of care. There must have been a duty of care owed by the truck driver to the victim. In this context, the truck driver has a duty to look out for other motorists, pedestrians, and users of the roadway to avoid unsafe driving behaviors.
- Breach of duty. The truck driver must have committed negligence resulting in a breach of the duty of care. Negligent actions can include driving under the influence of drugs or alcohol, drowsy driving, distracted driving, or failing to properly maintain their vehicle.
- Direct cause. The victim must also prove that the negligent actions or omissions of the truck driver directly led to their injuries.
Hiring an injury attorney is the best way to ensure that your rights are protected after a trucking accident.
How much is my trucking accident case worth?
Every case is unique and must be evaluated in light of the specific circumstances giving rise to your injury. The value of your case depends on many factors including the liability of the defendant, any comparative fault of your own in causing your injuries, and the nature and extent of all of the harm suffered by you as a result of the incident, including damages for bodily injury, loss of earnings and earning capacity, property damage, general damages (e.g. pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, anxiety, inconvenience, grief, humiliation, and disfigurement) and punitive damages.
How long do I have to file a lawsuit for a trucking accident?
In California, the statute of limitations for all personal injury claims, including trucking accidents, is two years from the date the incident occurred. This is known as the statute of limitations. (See Code of Civil Procedure §§335-349.4) Code of Civil Procedure §§335-335.1 states that “the periods prescribed for the commencement of actions other than for the recovery of real property, are…[w]ithin two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, there may be exceptions to this rule which shorten or extend the time for you to file a lawsuit. In most cases, a lawsuit cannot be brought if more than two years has passed since the date of the incident. In limited situations, the time to file a lawsuit may be longer than two years. For example, if the claimant is a minor, they must file a lawsuit within two years of their eighteenth birthday. In other situations, the time to file a lawsuit may be shorter than two years. For example, if your injury occurs as a result of wrongdoing or negligence of a public or government entity, you must submit a claim to the appropriate government entity within six months, even if the claimant is a minor. We strongly encourage you to speak to an attorney at your earliest opportunity to ensure your rights to bring a lawsuit to recover damages for the harm you have suffered are protected.
The Bertch Firm Difference
Personalized attention for your trucking accident claim
At The Bertch Firm, each case is overseen and prosecuted by a licensed attorney, not a paralegal or case manager. The Bertch Firm has experience with many different types of vehicle accidents, including trucking accidents. An experienced attorney can help you gather and preserve crucial evidence for your trucking accident claim. Contact The Bertch Firm today and experience The Bertch Firm difference when you hire us to represent you for your injury claim.
Contact The Bertch Firm today
For further information about your trucking accident claim
The Bertch Firm has represented many people who have been injured as a result of trucking accidents. For further information about your potential case as a result of a trucking accident, contact an attorney at The Bertch Firm today for a free consultation.