Truck Accident Cases
Dealing with the aftermath of a trucking accident is very different than dealing with a car accident. For one, injuries sustained after a collision with a commercial truck are more severe and fatalities are not uncommon. As a result, subsequent medical care for trucking accident injuries is typically more costly. The next key difference is trucking industry laws. The Federal Motor Carrier Safety Association (FMCSA) is responsible for enforcing important trucking regulations to make roads safe for truck drivers and all drivers.
Truck drivers and commercial trucking companies are required to abide by the highest safety standards. A truck driver or trucking company that does not comply with safety regulations can be held responsible if their negligence causes a trucking accident. Therefore, commercial trucking insurance policies also involve much higher dollar amounts than for passenger vehicles.
Finally, trucking accidents involve commercial trucking accident investigations. These investigations are meant to determine liability and are more extensive and expensive than regular car accident investigations. An experienced Beverly Hills truck accident attorney understands the protocol for conducting a trucking accident investigation, and will do so in a timely manner to preserve important evidence.
Please don’t hesitate to contact us 24/7 at (310) 928-0990 or feel free to email us at [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team. The team of truck accident attorneys at West Coast Trial Lawyers is always here to answer any questions you may have about commercial trucking accident claims in Beverly Hills.
At Fault Truck Driver Accidents
All commercial trucks are required to follow state and federal laws and safety regulations. Unfortunately, it is common for many truck drivers and commercial trucking companies to ignore safety laws meet deadlines and maximize profits. For example, according to Vehicle Code 21702 VC, it is a misdemeanor for a California truck driver to drive more than twelve consecutive hours in a 24-hour period.
A truck driver who is found in violation of California’s safety regulations and causes an accident, may be liable to an injured driver for any injuries and losses caused. For the most part, commercial trucking accidents are usually caused by a negligent truck driver who was not using reasonable care or who was in violation of safety regulations.
Common examples of truck driver negligence may include:
- Driving under the influence of alcohol or drugs
- Not obeying safety regulations
At Fault Trucking Company Accidents
- Not obeying traffic signals
A commercial trucking company may also be found responsible for causing a trucking accident. Examples of trucking company negligence include:
- Encouraging drivers to forego sleep and hour restrictions
- Inadequate truck maintenance
- Negligent driver hiring or training practices
- Retaining underqualified or underperforming drivers
- Allowing violations of safety laws
California and federal regulations exist to limit truck size, weight, and route designations for trucks. Unfortunately, many commercial trucking companies deliberately avoid these safety regulations by falsifying their documentation process to hide evidence of their negligence. These are reckless acts that subject a trucking company to punitive damages.
An example of commercial trucking negligence: Imagine that a trucking company which serves the West LA and Beverly Hills area experiences a sudden loss of drivers. The trucking company is expectedly desperate to hire more drivers as soon as possible. However, instead of hiring and training a professional group of drivers, they recruit several drivers with previous substance abuse issues.
This new group of drivers give up drugs, passes their mandatory drug test, and goes to work. Later that same week, one of the new drivers relapses and drives while under the influence. Unfortunately, this driver falls asleep at the wheel and causes a serious accident, killing three people.
In this example, both the driver and the trucking company are guilty of negligence and are responsible to the victims and their families for their losses.
Compensation After A Beverly Hills Trucking Accident
Despite safety regulations, trucking accidents happen. If you were injured as a result of truck driver or trucking company negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages that may be available to trucking accident victims. Damages are a monetary award which is determined by a court of law to compensate a truck accident victim for injuries sustained as a result of negligence or deliberate acts of malice.
Economic Damages: Economic damages are awarded to compensate a trucking accident victim for any losses that a dollar amount can objectively be attached to. Compensation is calculated by determining the amount of out of pocket losses a victim has or will expect to incur as a result of their injuries. Common examples of economic losses include loss of earning capacity, medical bills, and lost wages
Non-Economic Damages: Non-economic damages are awarded to cover losses that are “subjective” and do not necessarily cover out of pocket losses. Non-economic damages may include compensation for emotional distress, pain and suffering, and loss of enjoyment of life.
Punitive Damages: The final type of damages a California court may award are punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5% of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
West Coast Trial Lawyers Is Always Here To Help
If you have sustained injuries in a commercial trucking accident that was caused by someone’s negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. A Beverly Hills truck accident attorney at our firm can recover financial compensation for the losses you have suffered. Call us today at (310) 928-0990 or email [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team.