Diamond Bar Truck Accident Lawyer

Truck accidents are often much more serious and life-threatening than car accidents. Unlike a car accident, truck accidents commonly involve several parties. Let us take care of the complexities for you. Don’t take settlements offered by their insurance companies. You may be owed much more!

If you have been injured in a trucking accident, schedule a free consultation or call us at 909-655-6102 to discuss your case.

The Pollard Firm, APC, is ready to advocate on your behalf and fight for you to get the compensation you deserve. We proudly represent personal injury victims throughout the state of California, including Diamond Bar, Pomona, San Bernardino, and Riverside. 

CALIFORNIA STATE AND FEDERAL TRUCKING LAWS

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry in the United States. They ensure compliance with the Code of Federal Regulations, Title 49 Part 395 (49 CFR 395), including the hours of service requirements, which limits the amount of time that a truck driver can operate a commercial motor vehicle. Pursuant to this code section, the operator of a property-carrying truck may drive no more than 11 hours after 10 consecutive hours off duty. 

California Vehicle Code § 34520 requires that all interstate and intrastate motor carriers comply with all federal alcohol and drug testing requirements. Results of these tests must be made available upon request. 

One of the most important regulations is the weight of the vehicle. California Vehicle Code § 35551(a) states that a commercial oversized vehicle cannot exceed 80,000 lbs. However, the 80,000 lbs limit applies to vehicles with six axles. Trucks with fewer axles have a lower maximum weight limit. 

COMMON CAUSES OF TRUCK ACCIDENTS IN CALIFORNIA

• Driver Fatigue: Long hours on the road can lead to tiredness and impaired reaction times, increasing the risk of accidents.
• Speeding: Excessive speed reduces a truck driver's ability to react to sudden changes in traffic conditions, increasing the likelihood of accidents.
• Driving Under the Influence: Driving under the influence of alcohol or drugs significantly impairs a truck driver's judgment and coordination.
• Poor Weather Conditions: Adverse weather like rain or fog can reduce visibility and create slippery road conditions, contributing to accidents.
• Improper Loading: Incorrectly loaded or unsecured cargo can lead to weight distribution issues, causing the truck to become unstable or unmanageable.
• Inadequate Training: Insufficient training in handling large commercial vehicles may result in errors or lack of preparedness in critical situations.

HOW IS LIABILITY DETERMINED IN A CALIFORNIA TRUCK ACCIDENT?

California follows a comparative negligence system, meaning that fault can be allocated among multiple parties. Each liable party may be responsible for a percentage of the damages based on their level of fault.

It's important to note that the specifics of each case can vary, and liability is often determined based on the unique circumstances surrounding the accident. Consulting with a personal injury attorney who has experience with truck accidents can help navigate the complexities of the legal process and determine liability in a specific case.

Determining liability in a truck accident case in California involves a thorough investigation to identify the parties responsible for the accident. Liability can be attributed to one or more of the following parties:

• Truck Driver: The driver may be liable if their negligence, such as speeding, distracted driving, or impaired driving, directly contributed to the accident.
• Trucking Company: The company that owns or operates the truck may be held liable for the actions of its drivers, especially if it failed to maintain the vehicles properly, enforce safety regulations, or ensure drivers were adequately trained.
• Maintenance and Repair Companies: If the accident was caused by mechanical failure due to inadequate maintenance or repairs, the company responsible for these services may be held liable.
• Cargo Loaders: Those responsible for loading and securing the cargo on the truck may be liable if improperly loaded or unsecured cargo contributed to the accident.
• Government Entities: In some cases, if the accident was caused by dangerous road conditions, inadequate signage, or poor road maintenance, a government entity may be held partially responsible.

HIRE A TRUCK ACCIDENT ATTORNEY TO HELP MANAGE YOUR CASE

Choosing The Pollard Firm as your personal injury attorney after a trucking accident means selecting a dedicated and experienced team committed to securing the compensation you deserve. Call our firm today at 909-655-6102 to discuss your case with an attorney.