Palm Springs Truck Accident Attorney
Find Out How You Can Hold Trucking Companies Accountable
Truck accidents are some of the most catastrophic of all motor vehicle accidents in the U.S. As such, they are also some of the most dangerous. Weighing tens of thousands of pounds, commercial trucking vehicles are inordinately bigger and heavier than the cars and motorcycles with which they share the streets and highways. This makes accidents involving trucks and cars the kind that can easily lead to serious injuries and death for those drivers and passengers involved.
How Long Do I Have to File a Truck Accident Claim?
In California, victims of personal injuries sustained in truck accidents have up to two years from the date of their accident to file a claim. In some cases, however, this statute of limitations may vary so it's important to discuss the particulars of your case with an attorney to understand what specific circumstances may apply in your case. Consulting an attorney shortly after your accident can help ensure that helpful documents and evidence are gathered and that important deadlines are met.
Causes of Truck Accidents
After receiving the necessary medical care, one of the most important steps that will need to be taken is to contact an attorney. When it comes to determining the fault of a truck accident, there are many factors that will need to be reviewed and none of which should be overlooked. An attorney can investigate these matters for you so you can focus solely on recovering.
From the truckers themselves, to the companies that employ them, to the manufacturers of their vehicles, no one should be exempt from investigation. Figuring out exactly what caused the trucking accident in which you were involved is one of the most crucial steps to taking legal action. At Barry Regar APLC, we investigate for all of the following:
- Driver Negligence: Was the truck driver that was involved in the accident acting negligently? Were they paying enough attention to the road? For example, when a trucker fails to sufficiently check his / her mirrors and blind spots before making a lane change, those inactions can be evidence of negligent conduct that could lead to a serious collision.
- Driver Recklessness: Reckless driving behaviors are unsafe for everyone, and this is especially true when a truck is involved. Speeding, driving under the influence, texting while driving, running a red light, etc. are dangerous behaviors no matter who is doing them. And when it is the driver of a large commercial truck, surrounding vehicle drivers and passengers can be tragically affected.
- Driver Fatigue: A trucker is regulated by a standard set of State and Federal operating procedures. These include how many hours at a time that they are legally permitted to be on the road. Exhausted drivers will find it much more difficult to effectively and safely operate the heavy vehicles they are driving. Therefore, they are confined to driving for no more than 11 hours a day. Considering the fact that the Federal Motor Carrier Safety Administration estimates that crash risk doubles between the 8th and 10th hours of driving, exceeding these limits can be seriously dangerous.
- Employer Negligence: Employers are expected to conduct thorough background checks on the employees they hire. They are also expected to ensure that their truckers are fit to drive before each and every journey. This means that a trucking company needs to keep track of the types of employees it hires and their behaviors before and during work. Failing to notice that a new employee has a criminal record for DUI or overlooking the fact that a current employee has been driving past his/her allotted hours could be considered a gross oversight of the employer and cause for legal action.
- Defective Truck Equipment: Sometimes, the fault of a trucking accident lies not with the driver and not with the company, but with the manufacturer of the truck and/or the vehicle's equipment. When a commercial vehicle is equipped with faulty brakes or tires, a blowout, spinout, etc. could cause a catastrophic accident, even if the trucker is on-point and the company has taken every precaution necessary.
- Overloaded/Oversized Trucks: It is considered to be unsafe and illegal to overload commercial trucks that are already both large and heavy before being loaded with additional cargo. The government has issued strict weight standards for trucks traveling along state highways across the country. When these rules are not adhered to, an overloaded truck that is making a turn could topple and subsequently cause an accident.
Recovering the Full Compensation You Deserve
There are many more causes of truck accidents, none of which are any less severe than those described above. If you were involved in a collision with a commercial truck and you suspect that any of the conditions described above are to blame, then you should not hesitate to speak with our Palm Springs truck accident lawyer. The legal team at Barry Regar APLC has the experience and knowledge needed to determine whether or not truck driver criminal or negligent behavior, bad weather conditions, poor maintenance, or something else was to blame for the accident that ultimately left you injured or the death of a loved one.
Our attorneys can help you pursue full compensation for the following:
- Present and future medical expenses
- Lost wages and other income
- Vehicle repair or replacement cost
- Permanent disability
- Reduced quality of life
- Physical pain and suffering
- Emotional distress
- Wrongful death (if a loved one was killed)