Legal Guide for California Truck Accidents

More and more large trucks are causing fatalities every year, according to the National Highway Traffic Safety Administration. The unfortunate fact about truck accidents is that the majority of them are fatal due to their size and weight, resulting in the loss of 5,936 deaths in 2022 alone, according to the National Injury Safety Council.

Truck accidents not only affect those involved but also their families, the companies that employ both drivers, and the surrounding communities. For these reasons, California truck drivers are required by law to exercise a “duty of care” toward all drivers on the road to prevent these tragic accidents. If a truck driver fails to exercise caution or follow traffic laws, the victims, or the victim’s family, can take legal action. In this article, we’ll cover trucking laws and the legal right to compensation victims have after being injured in an accident.

For more information about trucking accidents in California, contact Maison Law today for a no-cost, no-obligation consultation.

How Maison Law Protects Truck Accident Victims

Truck accidents are far more devastating than your typical car accident. Victims injured in trucking accidents often suffer severe injuries, which require extensive medical treatment and time off work to recover. In certain cases, truck accident victims can be left with permanent disabilities, leaving them and their families with astronomically high medical bills.

The financial and physical toll these accidents can have on a person’s life is why it is advisable to speak to one of the Truck Accident Attorneys at Maison Law. Our comprehensive trucking accident experience has helped numerous truck drivers recover maximum compensation for their medical bills, lost wages, and future financial losses.

Our firm helps truck accident victims by:

• Investigating and determining wrongdoing or recklessness: Trucking accidents are complicated due to the number of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
• Collecting and preserving key evidence: Trucking logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim.
• Communicating with insurance companies and other attorneys: With trucking companies and drivers having insurance, it is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
• Proving liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.

Damages Truck Accident Victims Can Claim

Damages in a truck accident are often extensive, resulting in costly medical bills, missed time at work, and possible permanent damage to your health and well-being. Unfortunately, insurance companies do not look at your future damages and will often offer a low amount to only cover your immediate expenses. That’s where Maison Law comes in.

We ensure injured truck accident victims get the maximum amount they’re owed for the following damages:

• Medical expenses for future and present treatment
• Other medical costs needed to facilitate your injuries, such as a wheelchair, crutches, or in-home care
• Pain and suffering, which include trauma, anxiety, depression, and loss of enjoyment of life due to the accident.
• Re-vocational training if you’re unable to return to your job
• Damage or destruction to your property
• Loss of income if your injuries prevent you from working
• Wrongful death benefits if a life was lost in the accident

Who Can Be Liable for California Truck Accidents?

With the number of trucks traveling in and out of California every day, the city is at a much higher risk of trucking accidents than most other places. In 2020, according to the Insurance Institute for Highway Safety, there were 28% more fatalities from large truck crashes than in previous years. The most common liable parties in these trucking accidents include:

• The truck driver: as is the case for most truck drivers, they will most likely not be held liable because the company they drive for is responsible for their actions. However, if the employee is an independent contractor and not associated with a company, then you may be able to bring a claim against the individual driver.
• The truck company: As stated above, the truck company is liable for the actions of their employees when they commit a careless or wrong act within the scope of employment, according to California’s Respondeat Superior Law, which states:
  • “The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”

• A third party: Another driver, a government body, a road construction crew, or a truck maintenance company could also be liable if their reckless or careless actions resulted in an accident.

How Do I Prove Carelessness in a California Truck Accident?

Other drivers, especially truck drivers, owe a “duty of care” to the people around them on the road. Duty of care isn’t just a suggestion, it is a law all drivers must follow to keep others on the road safe. According to Civil Code 1714, people are responsible for their actions andfor preventing their property from harming others. The statute states:

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”

So, by this law, to establish a truck driver caused your accident, you would need to prove the following:

• Duty of care: The truck driver had a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
• Breach: The truck driver failed to uphold their duty of care toward other drivers
• Cause: The truck driver’s carelessness was a direct cause of the accident
• Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident

Regulatory Bodies: State and Federal Regulations for Trucks

The California commercial truck regulations fall under the following:

• California Vehicle Code: provides specific regulations for all vehicles, including trucks, on California roads. Truck regulation addresses safe operation standards, driver qualifications, and the proper transportation methods.
• Public Utilities Commission (PUC): The PUC provides additional oversight to truck drivers by ensuring safety standards are met by conducting regular inspections, overseeing training, and certifying trucks drivers.

Federal bus regulations include:

• Federal Motor Carrier Safety Administration (FMCSA): The FMCSA governs all large vehicles operating within interstate commerce. They uphold nationwide standards for bus maintenance, drivers’ hours of service, and safety procedures.
• Department of Transportation (DOT): The DOT oversees truck operations across state lines, and trucks must comply with the DOT to maintain an operational trucking license in the United States.

Truck Driver Requirements to Prevent Truck Accidents

Any person driving a commercial truck on California roadways is required to obtain a commercial driver’s license (CDL). Truck drivers must pass a vision test, a medical exam, and a written knowledge test at the DMV. Also, the truck driver must complete a minimum of 15 hours of behind-the-wheel training before a CDL can be issued. Truck drivers are also required to adhere to the following while driving a truck:

• Truck driver logs: The FMCSA requires that all commercial truck drivers keep a log of their activities. This log should include every stop they make, rest breaks, as well as routine inspections.
• Truck inspection requirements: Drivers must inspect the vehicle before each trip, and trucking carriers are responsible for regular inspection and maintenance.
• Hours of service requirement: the hours truck drivers can operate a commercial truck per day are regulated. The regulations are designed to ensure the truck is operated safely and without tired drivers.
• DOT numbers: The US Department of Transportation requires trucks to have an identification number. This number must be visibly displayed on both sides of the truck.
• Size and weight limit: Truck weight and height limits can be found in California’s Truck Restriction Laws. However, these limits can be extended with special permission from state or federal regulatory agencies.

Who Can File a Lawsuit in a Fatal Truck Accident in California?

Typically, the right to file a wrongful death lawsuit is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:

• Surviving spouses
• Domestic partners
• Children
• Grandchildren (only if the deceased person’s children have also passed away
• Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
• Dependent minor living in the household
• The next of kin
• Anyone entitled to the deceased’s property under intestate succession law

However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they become entitled to compensation.

What is the Typical Compensation for a Truck Accident in California?

If you’re injured in a truck accident, you may be able to receive compensation for your damages. There are three damages you can claim that will have a substantial impact on the amount of compensation you can receive. They include:

• Economic damages: financial damages you incurred due to the accident.
  • Medical bills
  • Lost Wages
  • Loss of future potential earnings
  • Loss of property
  • Cost of repairs
• Non-economic damages: these are subjective, non-compensatory damages.
  • Pain and suffering
  • Emotional distress
  • Depression
  • Anxiety
  • Loss of consortium
• Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
  • Reckless behavior
  • Actions performed out of spite

It is important to note that the final settlement amount varies widely depending on the circumstances of each case and the severity of your damages. It is recommended to consult with a trusted accident attorney at Maison Law to fully understand the value of your case.

Contact Maison Law | California Truck Accident Lawyers

If you or a loved one has been injured in a truck accident in California, the experienced Truck Accident Attorneys at Maison Law can help. We’ve handled numerous cases like yours and we will work tirelessly to get you fully compensated for your damages. The road to recovery can seem difficult, but it doesn’t have to be.

Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs, and you won’t spend a dime until your case is won.