- Practice Areas
- Video Center
- Case Results
No Win No Fee Guarantee
Agriculture is one of the top economic sectors in Bakersfield, primarily due to the warm, sunny climate. Indeed, Kern County is part of the famously fertile San Joaquin Valley and ranks in the top five counties nation-wide for agricultural production. Due to this prevalence of the agriculture industry, large trucks shipping fruits and vegetables out of Bakersfield and across the country are a common sight.
Unfortunately, it is not uncommon for truck accidents to create catastrophic consequences. In a matter of seconds, a catastrophic accident can change your life forever. If you have been involved in a truck accident, consider consulting an experienced truck accident lawyer to discuss your legal options. The legal team at Gomez Trial Attorneys is happy to answer your questions.
Due to the size and weight of large trucks, accidents often lead to severe injuries and even death, particularly in accidents with other types of motor vehicles. Common injuries include neck and back injuries, head and spinal cord injuries, broken bones, internal injuries, and lacerations.
Injured parties face expensive medical bills and other devastating financial consequences. Professional treatment providers may offer expert testimony about the nature and extent of the injuries. An economist, actuary, or another financial expert may help determine additional financial losses.
In general, damages may include:
The trucking industry plays an essential role in the American economy, but this reliance on commercial trucks inevitably leads to accidents that often cause serious or even fatal injuries. Eleven percent of all motor vehicle accident fatalities are associated with collisions involving large trucks.
In just one year, 4,295 fatal accidents involved trucks and buses in the United States. According to a preliminary report, 4,816 people lost their lives as a result of those collisions. Despite the large number of fatalities, large truck and bus accidents from the study additionally caused 93,437 injuries. In California, there were 395 fatalities involving a large truck or bus.
Of course, there are limitless factors that may contribute to causing a motor vehicle accident. However, according to a study by the National Highway Traffic Safety Administration (NHTSA), human error is a major contributing factor in 94 percent of motor vehicle accidents. Sometimes one critical mistake can lead to an accident, other times, a combination of factors may work together to contributing to causing an accident.
The most commonly reported cause of truck accidents is driver fatigue. Research from the Insurance Institute for Highway Safety found that after driving a commercial truck for more than eight hours, the risks of the driver causing an accident are doubled. Truck drivers often drive long distances for long hours with little or no rest. Fatigued drivers may experience difficulty maintaining concentration, and at times, may fall asleep at the wheel.
Federal regulations control how long a trucker can drive without a break. However, employer expectations and pressure to meet deadlines may encourage drivers to violate driving-time regulations. A recent amendment to federal industry regulations requires trucks to be equipped with electronic logging devices to help control driver compliance.
Unfortunately, despite the well-documented dangers associated with impaired driving, truck drivers continue to drive while under the influence of alcohol or non-medicinal drugs. In addition, some prescription drugs may also have the effect of impairing driver coordination and judgment. Strict state and federal laws impose penalties for driving under the influence. Drivers with a commercial license are held to an even higher standard with regard to driving while impaired. Despite laws, standards, and regulations established by the Federal Motor Carrier Safety Administration (FMCSA), driving under the influence is still a serious problem and consequently, the cause of many truck accidents.
Inexperienced or inadequately trained truck drivers can make mistakes that lead to deadly accidents. Maneuvering a commercial vehicle is much more complex than driving a passenger car. Truck drivers must operate the complicated transmission and braking systems of various kinds of trucks. Drivers require special training in handling heavy traffic, bad weather, and tight turns. All drivers should participate in classes, as well as on-the-road training to ensure they are capable of maneuvering large vehicles in varying circumstances. Otherwise, they put themselves and others at risk.
As mentioned, large trucks consistently drive large distances, and as a result, regular maintenance is critical. Industry regulations require truck owners to ensure their fleets are properly maintained. However, maintaining a large truck takes significant time and resources, so truck owners may be inclined to neglect truck maintenance.
Almost any type of mechanical problem can lead to a serious accident. Failure to properly maintain the truck may lead to brake failure, broken lights, or tire blowouts. In addition, defective truck parts can cause accidents and may impose liability on manufacturing companies.
Speeding is one of the leading causes of motor vehicle crashes. Drivers traveling at excessive speeds have less time to react to dangerous situations, must hit the brakes harder, and are more likely to lose control of their vehicle. When a speeding truck overtakes a smaller vehicle, the driver may have to veer off the road, leading to a devastating crash. Unfortunately, truck drivers often take the risks associated with speeding because they are under pressure to meet delivery deadlines.
Distracted driving was reportedly a factor in 8.5 percent of fatal motor vehicle crashes in 2019. There have been numerous studies on the dangers of distracted driving. As truck drivers spend endless hours on the road, it is not surprising that they experience boredom and restlessness.
To combat the boredom, drivers may use their cellphones to read or reply to text messages, make phone calls, or visit their favorite social media sites. In remote areas, they may constantly be changing the radio station. While all of these tasks may seem unimportant, they divert the driver’s attention from driving. A driver taking their eyes off the road, for even a fraction of a second, can contribute to causing an accident.
The Federal Motor Carrier Safety Administration (FMCSA) enacted rules prohibiting truck drivers from engaging in distractions. For example, truck drivers are prohibited from reading or sending texts, making calls involving more than one button to operate the call, holding a cellphone while making or receiving a call, accessing a web page, or using any type of messaging services.
Just as there may be more than one cause of an accident, there may be more than one party who is liable for accident-related damages. To obtain fair compensation, it is important to identify all of the parties who may be legally responsible for a truck accident.
Responsible parties may include:
If the driver was acting within the course and scope of employment, the trucking company might be liable for the driver’s negligence. In some cases, trucking companies may be responsible for crashes because of their own actions or failure to act.
Manufacturers have a legal obligation to ensure the products they release work properly and are safe for long-term use. The manufacturer of the truck or truck parts, as well as the distributor and/or retailer, may be liable if the accident involved vehicle malfunctions.
Many other parties, such as mechanics, shipping brokers, or warehouse operators, play a part in trucking safety. If their actions or inactions contribute to a crash, they may be liable.
Accidents involving commercial tricks may involve personal injury law, workers’ compensation, employment law, or criminal law. The term “negligence” often arises in personal injury law claims. Negligence refers to “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Therefore, to prevail in a personal injury lawsuit, the injured person must show that “the defendant owed a legal duty to the plaintiff; the defendant breached that duty; the plaintiff was injured, and the defendant’s breach caused the injury.”
The trucking industry is heavily regulated, so when a truck accident occurs, multiple sources of law may apply. Violations of traffic laws and civil liability rules, as well as regulations of the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA), may be part of a truck accident claim. Each area of law establishes standards that companies and drivers must meet.
Truck companies must obey rules set by the Federal Motor Carrier Safety Administration (FMCSA). In addition, a requires trucks to comply with the Truck and Bus Rule, the state’s key regulation governing diesel emissions.
After a truck accident, individuals involved may be traumatized or experiencing pain. However, there are steps injured parties can take, which might have an impact on their truck accident claim.
First, after being involved in a truck accident, you should always seek immediate medical attention. Even if you think you are fine, or your injuries are minor, it is critical to see a medical professional. Some injuries, including severe injuries, may not be immediately apparent. If you do not receive treatment for your injuries, your condition may worsen.
Records of medical treatment or care, including emergency care at the scene or the emergency room, may help you considerably in a settlement or trial.
If you or a loved one were injured in a truck accident as a passenger, driver in another car, or a pedestrian, you may be entitled to recover compensation. The experienced, dedicated lawyers at Gomez Trial Attorneys can guide you through the process. For more information or a free case evaluation, contact us online or call us at (619) 237-3490 today.
Gomez Trial Attorneys
1825, 18th Street
Bakersfield, CA 93301
No Fees Unless We Recover Money On Your Behalf