Truck Accident Claims Are Complex
Do not assume that truck accident claims are just like any other motor vehicle accident claim, and do not choose an attorney who treats them as such. The reality is that truck wreck cases are much more complex for a variety of reasons, including the increased strength and resources of the opponent, as well as the layers or regulations that pertain to the industry.
At the Kuvara Law Firm, we are well-positioned to handle these challenging motor vehicle accident claims. We recognize and appreciate the strength of our opponents: truck companies and their insurers. We know that they often take action immediately, building a case to shield themselves from having to pay out compensation. This means it is absolutely crucial that you do not hesitate in getting our lawyers onboard so we can move swiftly to make sure that no evidence is pulled out of reach and that our opponents do not get a head start.
We Understand The Trucking Industry And Its Regulations
With more than 40 years spent handling these cases, we have come to understand the nuances of the trucking industry and its regulations. We know the unique challenges that may arise when a truck company is self-insured, rather than protected by a separate insurance company. We are also well-versed in industry regulations.
It is violations of these regulations that are often at the heart of truck accident claims. After we conduct a thorough investigation, it often becomes apparent that rules regarding the number of hours a driver can spend behind the wheel, rules regarding maintenance of a truck or other rules have been broken by the truck driver or trucking company. We bring the violations to light in order to hold the negligent party accountable and get fair compensation for the victim, and we do it fast. We are known for providing fair and fast compensation.
Who Was To Blame For The Truck Wreck?
Semi-truck accidents can occur for a number of reasons, which range from mechanical failures, to intoxication, to general negligence. Perhaps the most common reason for trucking accidents caused by the truck driver, however, is driver fatigue.
Driver fatigue is responsible for approximately 30 to 40 percent of all trucking accidents. Nearly 20 percent of truck drivers admitted to falling asleep at the wheel at least once in a three-month period. These alarming statistics have caused the Federal Motor Carrier Safety Administration to create strict guidelines for truck drivers regarding safety. Federal regulations now restrict the number of hours that a truck driver can work in relation to their hours of rest.
It is not always accurate to assume that the truck driver was the responsible party. The trucking company holds responsibility too. In other cases, the big-rig accident may be the result of another party, such as a maintenance company or the manufacturer of a defective truck part. We will determine who was at fault and take appropriate action.
From our headquarters in San Rafael and law offices throughout Northern California, we represent 18-wheeler accident victims statewide. We begin every case with a free consultation. To learn more, call 1-800-4-INJURY or email us today. Hablamos español.
Truck Accident FAQs
Can a company be held liable if their hazardous materials being shipped on a truck caused injury?
Trucks are inherently dangerous. A truck carrying hazardous materials is even more frightening. Hazardous materials (flammable liquids, radioactive materials, dangerous gases, and poisonous chemicals) can all cause serious injury or death in the event of an accident. If the company that owns the hazardous materials is separate from the trucking company, that company can be held liable in certain instances, especially if the company failed to disclose the hazardous nature of the shipped goods to the trucking company.
What laws apply to truck drivers that could apply to a truck accident case?
The trucking industry is governed by a mix of separate state and federal laws. Violation of those laws could play a role in your truck accident case. Truck accident cases commonly involve violation of laws relating to:
- The number of hours a trucker can drive for a given period of time
- Required driver training
- The weight limits specified for both the truck and the cargo
- The maintenance schedule of the truck and tractor-trailer
- The use of drugs or alcohol while behind the wheel
What kind of trucks are involved in truck accidents?
Truthfully, any type of truck could be involved in an accident. There are still certain types of trucks that are more commonly involved in accidents than others. Tow trucks, semi-trucks, garbage trucks, dump trucks, tanker trucks, and flatbed trucks are all commonly involved in accidents. The larger the truck is, the higher the risk of serious injury is.
I’m not a California resident, but my truck accident happened in California. Do I hire a California lawyer?
Accidents can occur anywhere at any time, including trips for leisure or pleasure. It’s possible you may end up in truck accident while visiting California. The claims process can get complicated for accidents that occur outside of your state of residence. Jurisdiction laws typically require individuals to file a case in the state where the accident occurred. Moreover, unless a limited law license is granted, the attorney you choose to represent you must be admitted into the California state bar.
It’s best to obtain a California attorney for California truck accidents. A local attorney will already be familiar with both local and state laws. Thus, a local attorney will be better equipped to handle your case right out of the gate.