Santa Ana Truck Accident Lawyer
When a passenger vehicle gets in an accident with a large commercial truck, the truck almost always wins. Federal institutions recognize the unique dangers that trailers and trucks pose to other roadway users due to their immense size and weight. There are federal laws in place to avoid these types of collisions, although not every trucking company or driver takes these laws seriously. In the event you or someone you love has been in a truck accident in Orange County, contact Santa Ana Truck Accident Lawyers The Law Office of Norman Gregory Fernandez at 800-816-1529, for legal assistance. You may qualify for damage compensation.
The truck accident attorneys at The Law Office of Norman Gregory Fernandez represent clients in Sana Ana and all over the state of California.
California is a significant state for the transport of goods, with one of the largest trucking businesses in the nation. With such an enormous trucking sector, it’s no surprise that California sees a larger quantity of trucking accidents than other states. Trucking accidents take countless lives in California every year, and injure tens of thousands of others. The Latest truck accident statistics for Your Golden State are as follows:California comprises about 350,000 independent trucking owner-operators, with 70 percent of revenue coming from long-distance trucking. The California trucking industry hauls about 10 billion tons of goods every year — 60 percent of the whole volume of U.S. commercial cargo activity. In 2015, 290 fatal accidents in California involved commercial trucks. This is a 3.9% increase in 2014, which saw 279 fatal automobile accidents.
The most frequent causes of trucking accidents in California include truck driver error, distracted driving, drowsy driving, speeding, alcohol/drug disability, and broken traffic laws. Truckers must obey state and federal laws when operating commercial vehicles in California. Broken laws may lead to negligence per se cases in California, or cases in which negligence is a given due to unlawful acts. Trucking is the most common mode of freight transport in California. It’s not possible for motorists in Santa Ana, Irvine, and Anaheim to avoid sharing the road with commercial trucks and trailers. Some interactions involving large rigs and passenger cars will end in tragedy.
After a truck collision, seek assistance from our Santa Ana truck accident attorneys. We can look into the collision, identify acts of neglect or broken national regulations, and assist you pursue fair recovery.
Federal Legislation of the Trucking Industry
Commercial trucks are unique because they must obey state and federal laws of operation. The Federal Motor Carrier Safety Administration (FMCSA) has countless laws set up for trucking companies, carriers, and drivers to obey. These laws cover all aspects of trucking, from driver training to fleet maintenance. A truck driver or company’s failure to obey a federal law is powerful evidence of negligence in a personal injury or wrongful death case. Federal trucking laws include:Hours of service regulations. No truck driver may drive past the 14th consecutive hour following 10 consecutive hours off duty. Every eight-hour driving period, drivers must take at least one 30-minute break. No driver may drive more than 60 hours in seven consecutive days, or 70 hours in eight consecutive days.
Drug and alcohol testing.
Drivers must comply with pre-hiring drug/alcohol evaluations, spontaneous tests, and tests after serious accidents. But, any trace of alcohol or drugs could point to an impairment-related crash.
Cargo loading.
Trucking companies must comply with particular cargo loading rules depending on the materials, size, and weight. Loads cannot exceed certain height and weight limitations. There are special considerations for transporting hazardous substances. Cargo loaders must obey an assortment of securement rules to prevent lost loads in transportation. Most drivers must maintain digital logs that serve as records of driver behaviors and actions. These logs help limit errors, manage fatigue, and prevent scheduling issues. Electronic logging devices can act as excellent evidence of negligence if they show a driver breaking a rule or lying around the log.
Vehicle maintenance.
There are strict maintenance minimums for industrial trucks. Quality management involves daily vehicle inspections by the driver and timely repairs. Failure to properly inspect a truck before it hits the road could result in part failure and associated accidents. Bear in mind that part failures may also point to manufacturer fault, with possible reasons for a product liability claim.
Working with a Santa Ana truck crash attorney, like the ones at The Law Office of Norman Gregory Fernandez, can help you discover whether the truck involved in your crash busted any FMCSA or state laws. There are several potential kinds of evidence that could support your claim. Our Santa Ana Truck Accident attorneys can investigate the crash using police reports, eyewitness accounts, electronic logging apparatus, and/or black boxes on the vehicle.
An investigation could determine a broken rule, such as hours of service violations or improper vehicle maintenance. This information could prove the defendant’s negligence, and lead to a verdict or settlement in your favor.
Types of Truck Accidents
There were about 87,000 large trucks involved in injury accidents in the U.S. in 2015, according to data from the FMCSA. The number of large trucks involved in fatal accidents the same year was 4,050. Data from thousands of trucking accidents over the years have given rise to particular recurring tendencies. There are trends in what cause trucking accidents most often, in addition to in how 18-wheelers have a tendency to crash. Learning the most common types of truck accidents can give you a better understanding of what might have caused or contributed to the crash. Overturn (rollover) accidents. Rollover was the primary event in 4 percent of all large truck fatal crashes in 2015. A truck can rollover if the driver is speeding or takes a curve too quickly.
Tripping on curbs, potholes, and debris can also cause trucks to overturn. This describes an accident in which the trailer of the truck swings out at a sharp angle in the cab, in a”jackknife” shape. A jackknife accident can occur when a driver uses an inappropriate braking technique, causing the axle breaks to lock and the trailer to skid. A driver doesn’t have any control over a jackknifing truck. Rear-end collisions.
Trucks cannot stop as fast as smaller vehicles. Truckers must therefore maintain longer after distances. Following too closely or distracted driving can lead to a truck rear-ending other vehicles — often resulting in catastrophic harm to the smaller car and its passengers.
Underrides are rear-end accidents that occur in the opposite way — a passenger vehicle rear-ends a commercial truck. These crashes can be particularly devastating when the smaller car goes under the trailer, crushing the top of the passenger vehicle.
Blind place accidents. The length of trucks lead to significant blind spots, known as”no zones.” Other drivers should avoid driving in the no zone for any quantity of time. Truckers can easily overlook vehicles that are in the no zone, leading to merge or sideswipe accidents. Huge trucks operate quite differently in passenger vehicles.
Truck drivers require special training and permits (class C licenses) to lawfully operate commercial trucks. A simple mistake behind the wheel can have catastrophic consequences to other motorists, motorcyclists, bicyclists, and pedestrians. Just about all truck crashes are preventable with proper care and attention.
Involvement of Insurance Companies in Truck Accidents
As soon as the day of the accident with a commercial truck, you might hear from the trucking company’s insurer. Someone with the title “insurance claims adjuster” may contact you and request more information about the collision. This party may signify the trucking company or a third party. Adjusters have no medical or legal training. They also typically don’t have a great deal of time to research your claim. The duty of the adjuster is to settle a claim as quickly and for as little money as possible.
Dealing with a major trucking insurance provider can be intimidating. The insurance carrier may attempt to deny the trucking company’s liability for the crash. It may attempt to pin some or all of the fault on you, or deny your claim completely. Do not provide the insurance claims adjuster any reason to think you’re responsible for the collision. Do not agree to provide a recorded statement. The insurer could use what you say in this statement against you in the future. Before you accept a fast settlement deal, speak to a Santa Ana truck accident lawyer like The Law Office of Norman Gregory Fernandez at 800816-1529.
The adjuster is most likely offering less than your case is in fact worth.Before, trucking companies evaded liability for injuries by leasing equipment and hiring independent contractors rather than employees. Federal laws now prohibit trucking firms from shirking responsibility for accidents. If the trucking company, truck driver, or business employee donated to your crash, you will probably have to engage in settlement negotiations with the insurance company. A competent lawyer can represent your best interests during those negotiations, fighting for a just and reasonable quantity. If the company denies your claim or won’t settle for a pleasant amount, we can take the case to trial in Santa Ana, or anywhere in California .The Law Office of Norman Gregory Fernandez, Experienced Santa Ana Truck Accident Attorneys
Truck accident settlements and verdicts are exactly what our company does best. We have won countless settlements for our customers in Santa Ana and in California in our representation or years. We understand federal and state trucking laws, and understand what is needed to prove liability in these situations. Let us help take over the legal processes while you focus on healing from accident-related injuries. Our company can investigate your crash, identify suspect (s), and take the first steps toward reimbursement on your behalf. For a free consultation regarding your recent Santa Ana truck crash, call 800-816-1529.
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