Truck accidents are distinct from other kinds of motor vehicle collisions in Bakersfield truck accident lawyer. The weight and dimensions of the automobiles are so out of proportion in no other kind of disaster. Due to this weight and size disparity, the individuals in the automobile typically suffer serious injuries, while the truck driver escapes unharmed. In the event of an accident or injury, it’s crucial to get in touch with a knowledgeable Bakersfield truck accident lawyer because the repercussions can frequently be disastrous.
Truck accident lawsuits may involve the safety policies of the specific trucking company as well as regulations governing motor vehicle carriers, local, state, and federal transportation legislation. What traffic laws did the truck driver break is now the question. However, more crucially, why did he break the law of the road? Was it because he was texting, exhausted, or simply rushing to get to his next stop that he ended up leaving people seriously injured or perhaps dead?
Information on trucking accidents
There are thousands of deaths and injuries caused by accidents involving commercial motor vehicles each year. Federal Motor Carrier Safety Administration and National Highway Traffic Safety Administration statistics indicate:
- Approximately 4,067 trucking accidents claimed the lives of people in 2015. Injuries were also sustained by 116,000 people.
- There were an estimated 433,000 large truck accidents in this period.
- Increasing numbers of fatalities have been reported involving large trucks. The number of trucking accidents in 2014 was 3,908 deaths.
- A total of 7.2% of commercial vehicle accidents take place in California. In 2015, 291 people died in the state.
Despite the fact that truck accidents can happen at any time, the weekdays are statistically the busiest. In actuality, 78% of collisions happened between Monday and Friday, while 65% of collisions happened during the day.
Your risk of getting into a car accident could also be influenced by a number of other factors. Driver behavior, including factors like speeding, using drugs or alcohol, and distracted driving, is the main factor in commercial motor vehicle crashes. Truck drivers spend a lot of time driving, which might make them bored and easily distracted. Additionally, they must meet a lot of deadlines, which could lead to dangerous conduct like speeding. According to statistics, 73% of all commercial vehicle accidents happen during the day on weekdays, making this the time when you’re most likely to get in a truck collision.
Caution: Trucking accidents have come from the following causes
The Federal Motor Carrier Safety Administration (FMCSA) regularly examines crashes to determine what causes them and to explore for methods to make American drivers’ roads safer. Big rigs, commonly known as tractor-trailers, are substantially bigger and intrinsically riskier than conventional passenger cars, thus the FMCSA recently conducted a Large Truck Crash Causation Study to identify the primary contributing elements of big rig accidents.
To determine what factors contribute to trucking accidents, researchers studied over 1,000 collisions involving large trucks. The information they gathered included factors including the health of the drivers, potential hazards on the road, and the weather. Drivers should be aware of some large rig-specific issues even if many of the primary contributing elements are applicable to most other types of vehicle incidents.
A driver’s distraction can lead to an error
87% of fatal and injury-causing truck collisions were caused by driver error, according to the Large Truck Crash Causation Study. As defined by the law, “driver error” includes:
- Non-performance. A driver failed to behave appropriately or perform the necessary maneuver in a timely manner. This includes instances where a driver was intoxicated or passed out behind the wheel.
- Lack of attention. Roadway hazards or other hazardous driving conditions went unnoticed by the driver. Cell phones, playing with remote controls, and other distractions are all examples of distracted driving.
- Decisions that are poor. An erroneous judgment caused the accident, caused by the driver. When you drive too fast for the road conditions, tailgate other vehicles, or brake hard, you are misjudging the other vehicle’s speed.
- Driving poorly. In simple terms, this refers to any technical error made by the driver, such as oversteering, panicking, or executing a turn unsafely.
It’s crucial to remember that not every driver error is the driver’s fault altogether. Making split-second decisions while driving is challenging, and a motorist might not always react as they should. The inherent dangers of operating such massive, dangerous, and heavy vehicles, however, place an additional duty on big rig drivers to operate carefully.
Trucking accidents cause by others
Our Bakersfield truck accident attorneys have seen a number of more frequent causes of trucking accidents aside from unquestionable driver mistake, and all motorists should be mindful of these dangers and take particular care around large trucks:
- Our Bakersfield truck accident attorneys have seen a number of more frequent causes of trucking accidents aside from unquestionable driver mistake, and all motorists should be mindful of these dangers and take particular care around large trucks:
- the environment. When traveling in inclement weather, every driver should take extra precautions. This is particularly valid when cruising close to large trucks.
- Marking of hazards is inadequate. An improperly marked road hazard, construction zone, or disabled vehicle can cause an accident.
- The flow of traffic. There are several factors that can affect the flow of traffic, including an accident ahead, congestion, and other factors. Stuck in slow-moving traffic typically causes drivers to become frustrated, making them more likely to drive aggressively.
- unfamiliar ground. At some point, you’ve probably encountered difficulty navigating a new environment. Big rig operators frequently have to do this because their work requires them to travel long distances throughout the nation. Some drivers may follow a predictable path between their normal stops, while others might travel unique routes each week. Driving on uncharted routes requires special caution.
At some point, every driver will encounter inevitable dangers including inclement weather, unexpected tyre blowouts, wildlife crossing the road, and a myriad of other possibilities. However, it is the duty of every motorist to maintain their concentration on the road, be particularly cautious when driving in bad weather, and pay close attention to their surroundings.
In california, how long is the liability period for truck accidents?
California has a “statute of limitations” that, like the majority of other states, places restrictions on how long one has to file a personal injury lawsuit. As with other personal injury cases, California has a statute of limitations that applies to truck accidents as well. A claimant has two years to file a lawsuit to recover losses caused by another person’s carelessness or wrongful act, according to California Code of Civil Procedure Section 335.1.
One important thing to consider is when the “clock” starts running on this two-year time limit.
Taking into account the two-year time limit, it is important to know when it begins. You may have a different statute of limitations if a truck accident in Bakersfield resulted in injury or wrongful death. You have two years from the date of the accident to file a claim if you or a loved one sustained injuries in a truck accident. The two years begin to run from the date of the death of your loved one if the two dates differ.
Contrarily, the California Code of Procedure section 338 gives you three years to make a claim against a responsible truck driver if a truck collision solely causes property damage.
It is crucial to adhere to these statutes of limitations. The court can – and probably will – decline to hear your case if you attempt to bring an action after the relevant deadline, unless it qualifies for an exception, which is uncommon.
Contacting a Bakersfield truck accident attorney as soon as possible is the best way to protect your rights.
Bakersfield truck accident restoration
For victims of a truck accident, the hours, days, and weeks immediately afterwards are crucial. Your decisions at this time could eventually influence your entitlement to compensation. After a truck collision in Bakersfield, try to complete as many of the following actions as you can:
Verify the safety of all other passengers and drivers
According to California law, drivers must offer “reasonable help” to anyone hurt in an auto collision. Verify the safety of both your own passengers and the drivers of the other cars involved. Please dial 911 right away if someone requires medical assistance.
The following information is also required by state law if requested by law enforcement:
- An address and a name
- If different from the driver, personal information about the vehicle’s occupants or owner
- Detailed information about the vehicle’s registration and insurance;
- Numerical information about a driver’s license.
When you can, stop your car on the side of the road and wait for the police. Keeping you and your passengers safe from further harm will minimize the inconvenience to local traffic.
1. Accident Report
In most cases, law enforcement will arrive at the scene of an accident, especially where there has been severe property damage and injuries. Since California law holds at-fault drivers responsible for damage to roads or bridges, an officer who responds to the site will want to speak with everyone who witnessed the collision and get further information about it.
Your insurance claim and/or personal injury claim both need a police report. Be as thorough as you can be while avoiding sentiment or embellishment. Describe the circumstances surrounding the accident, how it happened, and any other specifics you can recall. Tell the driver whether you noticed alcohol on their breath or if they were swerving in and out of the lanes of traffic.
Insurance companies often use accident reports in their own investigations as a means of establishing a driver’s liability.
2. Whenever possible, keep evidence
Photograph the accident scene, including any damage to your car, any damage to nearby roads, and any forensic evidence like skid marks, if you are able to do so. When the time comes for you to file a personal injury claim, these may come in handy.
3. If you’ve been injured in a truck accident, contact an attorney right away
In the event that you think a truck driver was to blame for your injuries, speak with a Bakersfield personal injury lawyer right away. The attorneys at Rodriguez & Associates may examine the particulars of your case and assist you in deciding what to do next.
Victims of truck accidents compensation
An individual who has been injured in a truck accident may be entitled to collect a variety of damages. Intangible and tangible losses are both covered by personal injury claims. Among the examples are:
- Medical expense compensation. In determining the amount of compensation, the courts will take into account the costs of doctors, hospitalizations, therapy sessions, and emergency room visits.
- If you had been able to attend work, you would have earned a certain amount of money.
- An award of damages for physical and mental discomfort in the past, present, and future may be given by a jury in a pain and suffering case
- Your level of emotional distress will depend on how intense your experience was and whether or not there were any physical injuries.
- It is rare for a jury to award punitive damages, but they may be awarded if the at-fault driver’s conduct is egregious enough to result in your injuries. Using illegal drugs or alcohol under the influence might be an example of egregious conduct.
Both material and immaterial losses can be compensated in truck accident claims. Based on the extent of your injuries and other damages, your Bakersfield truck accident attorney will work closely with the insurance company to determine the amount of your intangible losses, such as pain and suffering.
In the wake of collisions involving commercial vehicles, the attorneys at Rodriguez & Associates are dedicated to aiding Californian families in recovering damages for their injuries. Schedule a free initial appointment with our firm right away if you recently experienced injuries in a truck accident and think that someone else might be at fault.
Attorneys can help you in case of truck accidents
When you require assistance with getting compensation following a truck collision, you must work with a lawyer who has the knowledge necessary to distinguish between Bakersfield automobile accidents and truck accidents. Daniel Rodriguez, the firm’s founder and principal attorney, holds the following qualifications:
- Personal injury and trial lawyer with over thirty years of experience
- Our firm has an engineering degree, so we can quickly analyze the causes and effects of truck accidents that involve the loading and securing of cargo, brake failure, and other factors affecting speed, weight, and impacts.
There are relatively few people in Bakersfield. Law firms with extensive experience in a given field may be difficult to find.
Rodriguez & Associates’ truck accident lawyers in Bakersfield have handled several truck accidents. We are knowledgeable with the engineering and legal aspects of truck accidents, as well as how truckers’ weariness, hours on the road, and other regular problems can result in fatal accidents. We are adept at locating, obtaining, and leveraging other evidence, such as drivers’ logs, business records, and other documents, to build compelling cases.
Speak to an advocate for truck accidents in bakersfield today
In the heart of Bakersfield, you can find Rodriguez & Associates with ease. We offer appointments on the weekends and in the evenings, offer consultations without charge, and speak both English and Spanish. If you would like to speak with one of our Bakersfield truck accident lawyers, please phone (661) 323-1400.