Truck Accident Injury Attorney Services

1.  Obtain any necessary medical attention

Your health and safety and anyone else involved in the accident are the most important.  Seek medical attention right away for any injuries.  If you are injured in an auto or car accident, it is prudent to go to the emergency room to be checked out as you may not be aware of the extent of your injuries and it will help you prove your personal injury claim.  Prompt medical treatment is critical to proving your injuries due to an auto accident so you need to see a doctor as soon after the accident as possible. Insurance companies love to bring up delays in treatment as a defense in auto or car accident cases.  Soft tissue injuries (strains and sprains) are difficult to prove when caused by auto accidents but they still can be very painful and worth pursuing if your pain isn’t subsiding after a few weeks of treatment.

 

2.  Report the accident to the police

While at the scene of the accident when the police show up be sure to explain all of the details of the accident and remember to report  ANY PAIN, STIFFNESS, NUMBNESS, TINGLING and your injuries in general to the police.

3.  Always obtain all insurance information and critical document information at the accident scene.

Obtain insurance information, driver license number, vehicle license number, VIN number and names of other passengers involved from the at-fault driver.  Obtaining independent witness information is especially important.  It may become necessary to contact them to prove your case.  

4.  Take photos, make diagrams or take notes

If possible, take photos of the damage to your car, the other car or truck or vehicle at the scene of the accident or at the first opportunity, this will help to prove your case. This includes getting independent witness information if it is necessary to contact them. 

 

5.  Maintain a record of all expenses incurred as a result of your accident  

      Be sure to include:

• A complete list of all medical bills. 

• Time and income or benefits such as sick leave lost from work due to your accident

• Expenses for rental cars

• A diary of your pain and how your life is impacted daily by the accident

 

Protect Your Rights!  

Immediately after a truck accident, a claims adjuster from the truck driver’s commercial insurance company may contact you. You should never speak to a claims adjuster without consulting with a lawyer first. A claims adjuster might come across as friendly, but it’s important to remember that this person’s goal is to settle your claim for as little money as possible. The agent might try to get you to say things that ultimately hurt your claim.  To protect your rights, there are many reasons it is wise to never try to negotiate or settle a truck accident injury claim on your own. 

A few additional items that are essential to obtain in any accident involving a commercial truck or big rig:

• Police report

• Photos of the crash scene

• Toxicology reports

• Eyewitness testimony

• Dashcam footage

• Black box data

• Bills of lading

• Hours of Service logbook

• Weigh station receipts

  Often lawyers for Trucking companies may be dispatched to the scene of an accident immediately after learning of it. These attorneys are determined to protect the trucking companies from lawsuits.  To avoid the destruction of evidence, such as a cover-up of any inconsistencies in a driver’s log, etc. your best bet is to hire a truck accident lawyer of your own. Please feel free to contact the Law Offices of Barry J. Simon to investigate your accident and pursue litigation if necessary

 

You need to comply with personal injury law also by carrying liability insurance if you are in an auto or car accident, otherwise, you will not be able to obtain damages for pain and suffering.

I recommend you carry at least $500,000.00 in liability and uninsured/underinsured coverage. There are many drivers in California who are not insured or underinsured. Your premiums are not much more to pay for much higher limits on liability and uninsured and underinsured coverage so it is definitely worth it to protect you and your family.

 

You need to comply with personal injury law also by carrying liability insurance if you are in an auto or car accident, otherwise, you will not be able to obtain damages for pain and suffering.

I recommend you carry at least $500,000.00 in liability and uninsured/underinsured coverage. There are many drivers in California who are not insured or underinsured. Your premiums are not much more to pay for much higher limits on liability and uninsured and underinsured coverage so it is definitely worth it to protect you and your family.

Recognize the fact there are many factors contributing to semi-trucks, large Commercial Vehicles (CMV’s), big rigs or 18 Wheelers involvement in collisions today.  Unfortunately, even the most experienced drivers on the road today are Commercial truckers and they are not immune to crashes.  

Almost all of the common causes of trucking accidents are preventable and/or can be controlled with proper safety measures. There are many causes of commercial truck accidents.  

Large trucks, also called semis, tractor-trailers, 18 wheelers, big rigs or CMV’s (Commercial Vehicles), are involved in a disproportionate number of auto accidents compared with other motor vehicles. The occupants of large trucks are often overworked and under-rested, however, they are less frequently injured or killed in these crashes than other vehicle occupants.  

• About 23 percent of the fatal crashes involved an erratic movement of the truck or some loss of control not caused by the presence of any other vehicles or pedestrians. 

• About 74 percent of the fatal truck accidents and 76 percent of the non-fatal crashes involved a collision between the moving truck and another moving vehicle. 

• In about 5 percent of the fatal commercial truck crashes and 3 percent of the non-fatal crashes, problems with the truck were the main cause of the accident.

The following are contributing factors involving a semi-truck, 18 wheeler or other large commercial vehicle causing accidents.

• Truck Rollover:

One of the most frequent causes of trucking accidents is rollovers. Large trucks are much more likely to roll over than other vehicles. Big rigs have a high center of gravity, particularly when carrying a payload. Partially filled tankers and uneven loads that shift during turns can cause a truck rollover accident, even at slow speeds.   A truck accident lawyer can often determine if negligent trailer loading caused a truck rollover. 

• Driver Fatigue:

Although state and federal laws require drivers to get rest for certain amounts of time during every long shift, unscrupulous trucking companies sometimes put pressure on their drivers to drive even though they are fatigued or exhausted. Driver fatigue leads to poor decision-making and slowed response times, and is a major cause of trucking accidents in California.  Truck drivers are often overworked. Their long hours on the road may result in fatigue. A tired driver is an unsafe driver. 

 

• Tripping:

Tripping can occur when the wheels of a large truck strike something (e.g. a curb) while turning. Large trucks can also be “tripped” by the slope when turning while descending a decline. When a large truck puts a tire off of the pavement, it can cause the tire to rut into the ground, resulting in tripping and subsequent truck rollover.

• Sharp turn or Maneuver:

Of course, truck accidents can occur simply from making a sharp turn or maneuver, especially if it is pulling two or three trailers.  The “g” forces required for large truck rollovers are much less than for an automobile.

 

• Highway Hypnosis:

Truck accidents can also be caused by truckers suffering “highway hypnosis” defined as fatigue brought on by stretching federally mandated limits on consecutive hours behind the wheel.

 

• Truck Accidents Due to Spilled Cargo:

Commercial trucks may carry hazardous materials. About 4 percent of the commercial trucks involved in fatal accidents and 2 percent of those in non-fatal accidents in 2016 carried hazardous materials. In 16 percent of all commercial truck crashes involving an injury or fatality, hazardous materials were released from the truck. In more than 60 percent of those cases, the hazardous material released was gasoline, diesel fuel or oil. These materials are flammable. The release of flammable materials and other hazardous materials puts the lives of other drivers, first responders and the community at risk.

• Truck Accidents Involving Wide Turns:

          Commercial trucks also require more space to make a turn. They are not as maneuverable as passenger vehicles.

 

• Blind Spot Truck Accidents:

The length of the trailer creates a large blind spot around the vehicle, which also causes safety problems. 

• Truck Accidents Due to Inadequate Driver Training:

• Excessive Speed: 

Truck drivers are often required to drive at a slower speed than drivers of passenger vehicles. When truck drivers fail to abide by posted speed limits or drive too fast for road conditions, the consequences can be devastating.

• Equipment Failure: 

Modern commercial trucks are highly sophisticated machines with advanced equipment on board.  Despite technological advances in the trucking industry crashes involved equipment failures such as brake failure, the most common tire blowouts factor in truck crashes.  Some trucking companies may be lax on the maintenance and upkeep of their vehicles. Maintaining a fleet of commercial trucks is a costly endeavor, and attempts to cut costs might result in vehicles that are unfit to be on the road.

• Overloading:

State and federal regulations require commercial trucking companies to adhere to specified load sizes. When a truck carrying too much weight, braking time can be affected and this can lead to devastating accidents. Commercial trucks much more than a passenger car, even when the trailer is not at capacity. A typical box truck or city delivery truck weighs 10,000 to 19,500 pounds. A furniture truck, city refuse collection truck or truck tractor weighs between 26,000 minivan weighs less than 6,000 pounds. This means that commercial trucks weigh two to five times as much as the heaviest and 33,000 pounds. Cement trucks and trucks with a sleeper cab weigh at least 33,001 pounds more than a pickup truck, SUV or passenger vehicles.

• Drug or Alcohol Use:

Commercial truck drivers and their employers follow strict alcohol and drug testing rules that are required by federal law. Nevertheless, drug and alcohol abuse among truck drivers remains a major problem and is often a contributing factor in serious truck accidents.

• Aggressive Driving: 

Anyone who has driven on California’s highways has probably witnessed aggressive driving.  When a commercial truck driver engages in aggressive or reckless driving, the results can be catastrophic.

 

• Size of Truck: 

The size of commercial trucks also makes them less safe when compared to other vehicles.  They need more time to a complete stop.  If the truck has a full load in the trailer, it needs more time to stop.  distance to come

Other vehicle-related problems identified as the causes of commercial truck crashes include shifting cargo, spilled cargo and brake problems. Issues such as debris in the road, an animal in the road or a problem with the road itself are also causes of commercial truck accidents.

The reason In California it is so important to work with an experienced Commercial Vehicle, 18 Wheeler or Semi-Truck Accident Lawyer is because these accidents can be highly complex and almost always involve one or more commercial insurance policies.