Maison Law represents truck accident victims in Glendale. If you or a loved one suffered injuries in a truck accident, Maison Law can connect you to medical resources and get you the compensation you need to get your life back on track. The legal process can seem intimidating, and at times, overwhelming, but we’ll show you how easy recovering after a truck accident can be with Maison Law. Contact us today for a no-cost, no-obligation case evaluation to see what legal options are available to you.
Do I Need a Lawyer for a Glendale Truck Accident?
If you’ve been injured in a truck accident, you’ve most likely suffered serious injuries. However, no two truck accidents are the same, and it is recommended to consult with an attorney at Maison if the following scenarios occur:
- There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. Maison Law can ensure both.
- Wrongful death: If a loved one has passed away due to the accident, you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the truck accident, but are not at fault, our attorneys can protect you and assign liability to the at-fault parties. Maison Law can also minimize liability if you are found at fault.
- Liability: If you’re concerned about your liability limits, insurance status, or lack of insurance, Maison Law can help you, even in difficult situations.
- Multiple parties involved: Multiple parties make cases complex. Maison Law can manage the legalities with multiple parties, and your best interests are protected against everyone involved.
- False police report: If a police report places blame on you, and you disagree, we will gather evidence to support your claim.
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 truck 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 Be Liable for Glendale Truck Accidents?
With the number of trucks traveling in and out of Glendale 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.
Glendale Truck Accidents Caused By Truck Maintenance
A critical, yet often overlooked, factor contributing to truck accidents is inadequate truck maintenance. The safety of Glendale roads and highways depends heavily on adherence to strict governing of truck maintenance. In fact, the Federal Motor Carrier Safety Administration (FMCSA) sets baseline standards for commercial vehicle maintenance in the United States.
A notable federal law includes Part 396 of Truck Repair and Maintenance. These federal guidelines mandate regular inspections and maintenance responsibilities for truck companies, drivers, and maintenance personnel. Violations of these laws can have severe consequences, especially when someone is injured as a result. The most common faulty parts that result in a truck accident include:
- Brakes: When brakes fail, a truck can easily lose control or rear-end a smaller vehicle at high speeds.
- Tires: Improperly inflated tires on a truck can easily rupture under the weight of the big rig, especially when driving through inclement weather.
- Lights and reflectors: The truck must be visible to others on the road. Failed brake lights or headlights can result in serious injuries for other drivers who are unaware of an enormous truck on the road.
- Windshield wipers and mirrors: These parts play a vital role in ensuring the truck driver is aware of their surroundings. These parts not only keep the truck driver safe, but also those who are driving within their vicinity.
What to Do After a Glendale Truck Accident
A truck accident can be life-altering. If you’re involved in an event as traumatic as a truck accident, it can be tough to think straight and know what you’re supposed to do next. We’ve provided you with the following steps to protect your rights and begin building your case:
- Seek medical attention immediately: Even if your injuries seem minor (which is unlikely in a truck accident), they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor to make sure everything is okay.
- Call the Police: Failing to alert the police does not help your case, especially if the case comes down to your word over the truck driver. A police officer will file an accident report and may even assign blame based on their collision assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the damage to your car, to the truck, your injuries, skid marks on the road, and street signs or landmarks. Take a video of yourself recounting the accident while it is still fresh in your mind. And if there are any eyewitnesses, be sure to get their names and numbers as they can testify on your behalf or provide a statement to corroborate your story.
- Collect Information: Exchange insurance information with the driver, and be sure to get their name, phone number, and contact information.
- Contact Maison Law: Our firm is standing by to help truck accident victims in Glendale physically and financially recover. Call, text, or email. Our door is always open to the Glendale community, and we’d love to help you through this difficult time.
Common Types of Truck Accidents
With thousands of trucks driving around the country every day, truck accidents are unfortunately a common occurrence. In 2020, truck accidents made up 11% of all deadly accidents in the United States. The most common truck accidents are:
- Jackknife accidents: This happens when the trailer swings out at a 90-degree angle. This usually happens when the brakes are applied suddenly or the driver loses control
- Rear-end collision: Occurs when the truck crashes into the vehicle in front of it
- Underride accident: These accidents are the most deadly because they occur when a smaller vehicle slides underneath the trailer of a truck
- T-bone collisions: side-impact crashes happen when the truck hits the side of another vehicle
- Rollover accidents: Occur when a truck flips over on its roof due to taking a sharp turn, speeding, or improper loading.
How Do I Prove Carelessness in a Glendale 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
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
How Does the Law Define Pain and Suffering in a Glendale Truck Accident?
There is no set standard in California law for pain and suffering other than the damages awarded shall be reasonable. There is no complicated legal process for pain and suffering, only reasonable consideration. This is stated in California Civil Code 3359:
“Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”
However, Assembly Bill 35 was passed in 2024, tackling the amount of pain and suffering can be worth in a personal injury case. Pain and suffering is considered a non-economic damage, and the new bill states that all non-death-related, non-economic damages will be capped at $390,000. Other non-economic damages included in this bill include:
- Loss of consortium
- Loss of enjoyment of life
How to Prove Pain and Suffering in a Glendale Truck Accident.
For pain and suffering, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff to present evidence of physical pain and emotional trauma to assist them in making their decision. Pain and suffering can be proven using the following evidence:
- Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
- Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
- Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. This could be a surfer who can no longer surf. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
- Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.
Filing a Lawsuit Against Independent Contractor Truck Drivers
In certain cases, the truck driver involved in your accident may be an independent contractor, meaning they are not necessarily employed by the company. In California, this is not uncommon as there are over 70,000 owner-operator truckers across the Golden State, according to the Journal of Commerce.
If an independently contracted truck driver gets into an accident with you, you can file a lawsuit against the driver, but it will be difficult to include the trucking company in the lawsuit. However, there are certain instances where a trucking company can be liable for an independently contracted truck driver.
When determining liability between the truck driver and the truck company, their relationship to one another must be clearly understood. You will need to establish if the independently contracted driver was acting within the scope of employment at the time of the accident. Also, the company would have to specify the driver as an independent contractor in writing. Failure to identify an employee as an independent contractor would potentially make the company liable for the truck driver’s actions. Other liability factors to be considered include:
- The level of control the trucking company has over the driver’s work
- The type of work the driver was hired to do
- The truck driver’s employment history
- The truck driver’s intent
- The nature of the accident and where it occurred
- The expectations the company had for the driver
Who Can File a Lawsuit in a Fatal Truck Accident in Glendale?
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 Glendale?
If you’re injured in a truck accident in Glendale, 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 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 to fully understand the value of your case.
Contact Maison Law | Glendale Truck Accident Lawyers
If you or a loved one has been injured in a truck accident in Glendale, 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.
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