Maison Law represents victims injured in speeding truck accidents in California. California Vehicle Code 22406 includes trucks with three or more axles as one of the listed vehicles NOT permitted to drive in excess of 55 MPH on a highway. This law is to keep truck drivers, as well as other drivers, safe on the highway. Trucks of this magnitude are much more difficult to stop at high speeds, as well as maneuver around hazards, making them a very dangerous vehicles when exceeding 55 MPH.
What Vehicles are Regulated By CVC Code 22406?
California Vehicle Code 22406 specifies which vehicles are not permitted to exceed speeds of 55 MPH on California highways. The statute states:
“No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A schoolbus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.”
Penalties for Speeding Truck Drivers in California
CVC Code 22406.1 goes on to clarify the penalties drivers can expect for violating the above statute. Commercial and non-commercial drivers are included when it comes to this California speeding law, which states:
“(a) A person who operates a commercial motor vehicle, as defined in subdivision (b) of Section 15210, upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor.
(b) A person who holds a commercial driver’s license, as defined in subdivision (a) of Section 15210, and operates a noncommerical motor vehicle upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of an infraction.
(c) A violation of either subdivision (a) or (b) is a “serious traffic violation,” as defined in subdivision (p) of Section 15210, and is subject to the sanctions provided under Section 15306 or 15308, in addition to any other penalty provided by law.”
For tank trucks, carrying more than 500 gallons of flammable liquid, the penalties are more severe. According to CVC 22406.5, tanks trucks caught speeding while transporting flammable liquids are guilty of willful disregard for the safety of persons or property. They are subjected to fines no less than $500, along with other applicable penalties, for their first offense. A second offense within two years of receiving their first offense will result in a minimum fine of $2000, along with a 6-month suspension from transporting hazardous materials.
What Should You Do After Getting in a Speeding Truck Accident in California
An accident with a speeding truck can be life-altering. The speeds of trucks covered in CVC 22406 are regulated to keep other drivers. However, the risk of a truck accident occurring is much higher if the truck driver is not maintaining a reasonable and safe speed. If you do find yourself in the unfortunate circumstance of a truck accident it is important to remember the following steps:
- Seek medical attention immediately: Even if your injuries seem minor, they can manifest into something much worse weeks later. It is recommended to check in with a doctor to make sure you are okay.
- Call the Police: With minor accidents, some people would rather keep the police out of it and handle it themselves. This would not help your case, especially if the case comes down to your word over the commercial 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.
- Do NOT admit fault: Even if you were at fault, you should not admit fault to anyone. Admitting fault without an investigation or legal representation can only hurt your case. It is best to allow the accident report to decide who is at fault and to rely on an attorney to dispute any unwarranted fault on your behalf.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the damage to your car, 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
- Employee ID
- Truck number
- Phone number
- Company contact information
Contact a Speeding Truck Accident Lawyer in California
If you or a loved one has been injured in an accident caused by a speeding truck driver, the attorneys at Maison Law can help you get the compensation you need. At Maison Law, we know how traumatic and overwhelming a trucking accident can be. Our team of experienced truck accident lawyers will investigate your claim and make sure all responsible parties are brought forward to compensate you for your damages. For professional law advice, contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for the service of our counsel and you don’t pay a cent unless your case is won.
