Fresno Truck
ACCIDENT Lawyers

For the most part, we know a commercial truck when we see it. To understand which trucks the government regulates, however, you must understand what trucks qualify as a commercial truck.

The Federal Motor Carrier Safety Regulations define a “commercial motor vehicle” as a vehicle used on the highway to transport passengers or property in interstate commerce and:

• Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more;
• Is used to transport more than 8 passengers for compensation or more than 15 passengers without compensation; or
• Is used to transport hazardous material.

The May Firm has substantial experience assisting clients to identify different kinds of trucks and pursue recovery, including 18-wheelers, big rigs, cargo trucks, concrete trucks, construction trucks, fuel trucks, semi-trucks, tanker trucks, tractor trailers, and logging trucks.

Not only are commercial trucks large, but they are also heavy. Semi-trucks can weigh more than 80,000 pounds when fully loaded. For comparison, a standard passenger vehicle weighs approximately 3,000 pounds. The trucks are often carrying cargo, sometimes hazardous, and any failure to load the cargo appropriately increases the risk of cargo spilling across the roadway or affecting the driver’s ability to effectively steer the vehicle. Trucks also require special skill and aptitude to drive and become much more dangerous when an inexperienced driver is behind the wheel.

Of the 33,654 fatal crashes that occurred in the United States in a recent year, 13.8 percent involved at least one large truck or bus. Additionally, 8.3 percent of non-fatal crashes involved at least one large truck or bus.

California employs the second-highest number of truck drivers in the nation with the U.S. Bureau of Labor Statistics estimating the number of individuals at nearly 150,000. In California in a recent year, there were over 300 fatal crashes and close to 7,000 injury crashes that involved a truck. These crashes resulted in 367 deaths and 9,710 injuries across the state and 21 deaths and 225 injuries in the Fresno area.

The following actions were the most common causes of death or injury in a truck accident when the truck driver was found at fault:

• Unsafe speed
• Improper turning
• Automobile right-of-way
• Not following traffic signals or signs
• Influence of drugs or alcohol
• Driving on the wrong side of the road
• Unsafe lane change
• Unsafe starting or backing
• Following too closely

A Commercial Driver’s License (CDL) is required for any driver of a commercial vehicle in California. First, the driver obtains a Commercial Learner’s Permit (CLP). To secure a CPL, the driver must have a normal driver’s license in the state of California, complete an application, complete a 10-year history record check, have a medical physical performed, and pass a knowledge test. Once the driver has held a CPL for 14 days, they can apply to take their skills test. The skills test will include a vehicle inspection, basic control skills test, and a road test.

Commercial truck drivers are subject to the Federal Motor Carrier Safety Regulations (FMCSR) which govern the conduct of commercial truck drivers. Some of the most notable regulations include:

• Hours of service: It is important for the safety of everyone on the road that drivers are awake and alert anytime they are on duty. The FMCSRs put strict guidelines around the amount of time a driver can be on the road without a break. Daily driving is limited to eleven hours with a requirement for ten hours off duty in between shifts.
• Driver inattention: The FMCSRs have a ban on texting while driving and detail other relevant limitations on the use of electronic devices by drivers while on duty.
• Alcohol use: The regulations around alcohol consumption or stricter for commercial truck drivers than other drivers. Commercial truck drivers are forbidden from consuming alcohol within four hours of going on duty. No measurable amount of alcohol in the driver’s bloodstream while on duty is acceptable.

Work with your attorney to analyze the actions of the truck driver involved in your accident to determine whether they violated any federal or state regulations.

Death or serious injuries are more common in truck accidents because of the disparate size and weight of vehicles involved. A collision can occur because of a direct collision, running into spilled cargo, or colliding with a different vehicle attempting to avoid a semi-truck jackknife or rollover.

Common injuries include:

• Traumatic head and brain injuries: Any blow to the head, including your head striking a dashboard or windshield, can result in head or brain injuries, including skull fractures, laceration, and brain injuries. These injuries can have lifelong impacts.
• Spinal cord injuries: The spinal cord allows the brain to communicate with the body. Jarring impact to your body in an accident could cause a spinal cord injury.
• Neck injuries: Vehicle occupants are likely to experience whiplash, herniated discs, slipped discs, and nerve damage after a rollover accident.
• Internal damage: Any blow to the body has the potential to cause internal bleeding or damage to organs.
• Broken bones: Passengers often brace for impact as the accident occurs, causing broken bones. Depending on the severity, the break may require multiple surgeries or ongoing physical therapy.
• Cuts, bruises, and soft tissue injuries: The body is likely to take a beating during a car accident, including torn ligaments and pulled muscles.

Given the high likelihood of injury, be sure to seek medical assistance immediately after the accident.

Any party who acted negligently—meaning outside a normal standard of care—in a way that caused the accident is responsible for any injuries resulting from the accident.

Negligent parties often include:

• Truck drivers: Any violation of traffic laws is evidence of negligence for a truck driver, as is the failure to secure the necessary licensing or violation of any federal regulations.
• Employers: Many truck drivers are employed by a trucking company. If the truck driver was operating in the scope of their job at the time of the accident, the employer is responsible for their actions. A trucking company also has obligations to ensure that the driver is appropriately licensed, complies with hours of service requirements, and follows regular maintenance requirements.
• Manufacturers: If the accident occurred because of a vehicle failure, the manufacturer is responsible. Brake failure is a common malfunction. If, however, the failure is due to lack of maintenance, the employer or driver is more likely to be responsible.

The negligent party is responsible for all injuries suffered by another party in the accident. The most obvious expenses are medical expenses, such as doctor’s bills, the cost of a hospital stay, prescription medicine, and physical therapy. Don’t forget to include an estimate of future anticipated medical costs.

In addition to medical expenses, these are common damages recovered by victims of truck accidents:

• Loss of any wages from missed work as well as an estimate of future lost wages and lost earning potential;
• Damage to any property because of the accident, including the costs of repair or replacement of your vehicle;
• Pain, suffering, and emotional distress resulting from the accident and injuries including anxiety, depression, and post-traumatic stress disorder all of which are more likely to be suffered by car accident victims;
• Inability to participate in activities that were previously a meaningful part of your life; and
• Punitive damages punish the defendant rather than compensate the plaintiff, and in California, they require oppression, fraud, or malice.

Work with your attorney to prepare a comprehensive damages assessment because it will be an important tool when preparing for trial and the jury. Your lawyer can also involve financial and economic experts as needed.

The California Vehicle Code requires that any driver involved in an accident resulting in death or injury report the accident within 24 hours. In addition to the fact that a police report is a requirement, a police report will be a valuable evidentiary tool. The report will include photos of the accident scene, witness information, and any citations police issued to any party involved. This in-the-moment description of the accident forms important evidence as you move forward with your case.

California law requires that you file your Fresno truck accident lawsuit within two years from the date of the injury. If you didn’t discover the injury at the time of the accident, you have one year from the date you discover the injury to file a lawsuit.

Nobody can tell you for sure. Recovering after a truck accident may depend on whether you choose to accept a settlement offer. If you accept a settlement, you may receive compensation more quickly, but possibly for less than you would secure at trial. Proceeding through a trial may take longer but could net you more compensation.

Whether resolved via settlement or court judgment, the strategy for each case will depend on the facts of the case and the goals of the client.

Carefully consider any settlement offer and discuss it with your lawyer before accepting. The defendant and their insurance company will try to settle the lawsuit for the lowest amount possible. Early settlement offers are likely to significantly undervalue the cost of your injuries. There are many benefits to settlement, including eliminating the unpredictable nature of a jury trial and getting money in your pocket more quickly, but be sure not to settle for an amount less than is warranted by the strength of your case.

An attorney is a critical partner as you pursue recovery for your injuries after a truck accident. A lawyer will work with you to analyze the facts of your case, identify which party or parties are at fault, compile evidence to support your case, prepare a damages assessment, analyze settlement offers, and prepare all court documents.