ELEGIDO POR:

Every year, Truck Accidents kill about 5,000 people and severely injure around 120,000. Because of the vast weight and mass difference between a Big Rig and a Family Sedan, SUV, Minivan, or even a Pickup Truck, the passengers of smaller vehicles involved in truck collisions often suffer serious injuries, including gruesome loss of limbs or life.

RISKS AND SAFETY CONCERNS

There are many Safety Issues that make Big Trucks more dangerous than any other vehicle on our roadways. Here are a few:

• Big-Trucks have much wider blind spots than ordinary vehicles. Known as “no zones,” these blind spots are located around the sides and rear of the truck, which make these giants look like the proverbial elephant in a China-Shop.
• Big-Trucks have longer acceleration and deceleration and braking time and distances than most other vehicles on our roadways. This limitation can cause rear-end collisions with vehicles in front of them.
• Trucks carry all kinds of stuff, including: gas, gasoline, corrosive, explosives, and even nuclear materials. In a collision, the release of such hazardous materials could devastate not just accident victims, but an entire neighborhood and pollute our air, soil, water and environment.
• The Biggest Problem with Big Trucks is the fact that Drivers don’t get the rest they need. Despite the fact that the federal government regulates how long a trucker can drive without rest, some trucking companies ignore these rules by giving drivers unreasonable deadlines. One of such brazen and dangerous ways is Incentive-Based Compensation, which forces Drivers to Drive longer hours and/or faster than the road condition permits. In other words, Mega Corporations put profit before peoples’ safety.

POLITICAL LOBBIES MAKE TRUCKS EVEN MORE DANGEROUS

Unfortunately, Trucking Corporations’ Lobbyists and their Political Cohorts make the inherently dangerous trucks even more lethal with politically motivated deregulations. For instance, the Appropriations Act of 2015, which relaxed some of the requirements mandating rest periods for truck drivers, increased truck accidents by about 8% each year since 2015. This means more severe injuries and deaths for the People.

Trucking is one of the most important instruments of commerce. Without trucks, shipping food and consumer goods across the country could become a grave problem. Moreover, about 7.5 million people are working in the trucking industry, including 3.5 million truck drivers. However, according to Federal Motor Carrier Safety Administration (FMCSA) reports, in 2016 alone, trucks travelled a total of 287.9 billion miles on U.S. roads. And the 2016 roadside inspection data shows that a total of 342,736 drivers were cited for failure to log, update, or provide accurate information on their Driving Records. For instance, 51,149 drivers had worked beyond the eight-hour limit since the end of their last off-duty or sleeping period. Unfortunately, such violations caused painful physical and emotional pain, death and destruction to many innocent people. For instance, in 2016, there were more than 500,000 collisions involving Big Trucks, which rendered 119,000 people injured and 4,213 died because of their injuries. According to data for 2017, the fatal crashes increased to 4,455.

There are many factors that cause Big Truck Crashes. Here are some:

• Speeding is the main cause of Truck Accidents;
• Following too Closely the vehicles in front them cause most of rear-end collisions;
• Lack of proper maintenance of trucks; for instance, brakes are worn out, thus, incapable of stopping the truck in time to avoid a collision;
• Overworked and Fatigued Drivers who fall asleep while driving;
• Driver’s distraction with phone, text or even watching movies while driving;
• Drivers’ use of Alcohol or other licit and illicit drugs, especially drugs that are intended to keep them awake;
• Making illegal maneuvers;
• Failing to yield the right of way before entering a roadway or making a turn;
• The driver losing control of the truck by jackknifing due to a shifting load, rain, snow, ice, or high winds.

Depending on the extent of your losses and injuries, you may recover significant amounts. You may also be entitled to file claims against multiple parties. Additionally, commercial truck drivers must have higher insurance policy limits than ordinary drivers. However, there may be carefully crafted contracts between a Truck Driver and the Trucking Company, which could pose many issues that your Chosen Lawyer must address. Here are the two main ones:

EMPLOYEE OR INDEPENDENT CONTRACTOR?

One of the issues making Truck Accident Litigations Very Complex is the fact that whether a Driver is Truly an Independent Contractor of a Corporation or an Employee. This distinction could uncover millions of dollars in insurance coverage that can be used to pay for injuries and damages. Generally speaking, the law makes employers more responsible or vicariously liable for the actions of their employees. Whereas, if a negligent truck driver were an independent contractor, your Chosen Lawyer must prove that the Trucking Company violated some rules that caused the accident and injuries. This is why you must choose a Lawyer, who has years of experience dealing with these kinds of cases successfully and comprehensively.

WHOSE FAULT CAUSED THE CRASH?

The fact is that not always Truck Drivers are at fault for accidents. In many cases, smaller vehicles that share the roads fail to obey the rules of the roads. In such cases, the at fault driver of a smaller vehicle may not be able to recover anything; in fact, the at fault driver may have to pay for damages to the truck and its driver. Since California is a Pure Comparative Negligence State the degree of each driver’s fault is calculated and liabilities are apportioned accordingly. This means, if both parties contributed to the accident, the lesser culpable party can collect damages, but they will be reduced based on the rules of comparative negligence.

In most accident lawsuits, the plaintiff must prove negligence, which comprises of five elements: Duty of Reasonable Care, Breach of Duty, Actual Cause, Proximate Cause and Damages:

1) The Plaintiff must prove that the defendants had a duty, such as driving in a safe manner or keep the truck in good working condition;

2) The Plaintiff must prove that Defendant/s failed to comply with their Duty;

3) Plaintiff must prove that failure of Defendant/s directly caused the harm. In other words, but for Defendant’s breach of her/his/its duty, the Plaintiff would not have suffered the injury;

4) Plaintiff must also prove that it was foreseeable or legally reasonable to hold the Defendant liable for Plaintiff’s injury;

5) Plaintiff must suffer damages; if there is no injuries or damages, there is no liability to sue for.

In many cases, the truck driver may have broken the law, such as running the red light. In such cases, he or she will be held liable under the doctrine of “Negligence Per Se” which means wrong in itself. In some cases, a truck accident lawsuit may be litigated under the doctrine of “Strict Liability,” which means that it is not necessary to show Negligence. Plaintiff must only prove that he or she had an accident and it can be traced back to the defendant’s actions. This standard can only be used in a few situations, typically involving Defective Consumer Goods.

When it comes to Recoverable Damages, there are three general Types of Damages associated with Accidents. And here they are:

• Economic Damages:

This type of damages includes damages or losses that can be calculated with relative certainty, such as medical bills, property damages, and lost wages;

• Non-Economic Damages:

This type of damages includes less quantifiable costs, such as:

1) Physical Pain and Suffering;

2) Emotional Distress;

3) Loss of Enjoyment of Life;

4) Permanent Injury, Disfigurement, Disability;

5) Loss of Consortium;

6) Humiliation.

• Punitive Damages:

This type of recovery is awarded by the Jury, in some circumstances, in order to punish the defendant/s from repeating a reprehensible act that they have committed.

The types of Damages you could recover depend on the extent of your Injuries or Damages, Defendant’s Wrongdoing and how Skillful, Diligent and Experienced your Chosen Lawyer is.

The first step is to make sure that you are safe. Then, you should call 911. You should not attempt to move if severely injured. If your car is still working and you are able to drive safely, try to move your vehicle out of the way of the traffic. Next, exchange information with the truck driver. If the truck driver flees the scene, try to get a thorough description of the truck. If you can, take photos and videos of the vehicle’s position, license plates, but only if you can do it safely. In addition, your Chosen Lawyer may subpoena footage from any nearby security cameras. Take a photo of the Trucker Driver’s License, Insurance Card, contact information, and as much information about the company for whom he or she was driving at the time of the crash. You should record any statements from any witnesses, or at the least record the names and contact info, if you can do so safely. You should also give your own insurance, driver’s license and contact information to the Truck Driver. However, you should not lose your temper, threat, swear or apologize for the accident! This can be taken as an admission of guilt.

Once the police prepare an accident report, which will include their determination of who was at fault, you should ask for Officer’s name, badge number and department info. Another important step is to keep track of all your medical care relating to the accident. Keep a daily journal of all the ways in which your injuries interfere with your daily life activities. This is important for your ability to recover the maximum amount of damages (including both economic and non-economic damages). Finally, and most importantly, do not talk to the Truck Company’s Insurance Adjusters! Truck Insurance Companies are corporations for profit. As such, they are always on the lookout for ways to settle your case cheap and fast. This is why your first call should be to Chosen Lawyers. We will immediately take over all legal issues relating to your case, so you can focus on your healing and recovery. We can send a team member to come and see you at your home or hospital. And, once your Chosen Lawyer sends a Designation of Attorney Letter to the Insurance Company, they are not allowed to contact you directly. Chosen Lawyers will find top-rated medical professionals to help you recover, and they will do so based on liens. This means, they only get paid, when your case is done. While accidents may be out of your control, how to deal with them is entirely your choice. And the right choice is to make sure you have a Chosen Trial Lawyer on your side from Start-to-Success.