The 710, 405, and 605 freeways are some of the busiest freeways in the nation, making them hot spots for truck accidents in Long Beach, California. Due to the disparity in sizes of commercial trucks and passenger vehicles, the occupants in the smaller vehicle tend to suffer serious injuries or fatalities when their vehicles collide.
If you were injured or a loved one was rendered disabled or died in a truck accident, a Long Beach truck accident lawyer from Belal Hamideh can help. Contact us today for a free case review.
State and Federal Regulations Governing Truck Operations
One of the complicating factors involved in truck accident cases is that they may involve complex truck regulations. If the truck driver, trucking company, or other party violated relevant rules and that violation contributed to the accident, they may be responsible for the resulting injuries.
Federal and state regulations govern all of the following:
- Hours of service: Federal hours of service rules dictate how long interstate drivers can work and operate a truck in a given way. Current rules limit work to 14 hours per day and driving time to 11 consecutive hours after taking 10 hours off duty. These rules are designed to prevent fatigued driving, which is associated with slowed reaction times, lapses in judgment, and falling asleep behind the wheel.
- Licensing requirements: Truck drivers must have a commercial driver’s license (CDL) to operate a commercial truck, which requires passing a skills test and a written test. They must also have training in the safe operation of a commercial motor vehicle.
- Weight limits: Commercial trucks are subject to California weight limits. They must carry a special permit if the load exceeds the limits.
- Drug and alcohol testing: Trucking companies must perform drug and alcohol testing at certain intervals, including before hiring truck drivers, after a crash, upon return to service, and randomly.
- Routine maintenance: Truck companies must ensure their trucks are safe to operate before putting them on the road. They must conduct regular maintenance and inspections and maintain these records.
- Cargo securement: Truckers and third parties must properly secure cargo before transporting it so it does not shift during transit, fall off, or spill on the road.
An experienced truck accident attorney can investigate your case to determine how the crash occurred and who is responsible for it.
Common Causes of Truck Accidents in Long Beach
The trucking industry involves many parties, any of whom can contribute to truck crashes. As such, various factors can result in a truck accident, including:
- Driver error: With a higher center of gravity, longer stopping distances, and a larger turning radius, commercial trucks are hard to drive. A driver can make a grave error, resulting in a serious crash.
- Inexperienced drivers: Truck driving is hard work, often requiring long work days away from family. As such, there is often a shortage of experienced drivers, leading trucking companies to hire newly licensed drivers or offer inexperienced drivers incentives to work for them. Inexperienced drivers are more likely to make mistakes that result in accidents.
- Distracted driving: In addition to cell phones, truck drivers could be distracted by CB radios, onboard cameras, electronic logging devices, GPS instructions, and other stimuli. Distractions increase the stopping time needed to prevent a collision after noticing a hazard, which is already greater for large trucks.
- Driver fatigue: Truck drivers often work long hours, often at night or in the early morning, when there is less traffic. This can contribute to truck drivers being tired behind the wheel. Despite federal laws prohibiting working too many hours, some truckers and the companies they work for ignore these safeguards and put others on the road at risk.
- Speeding: Truck drivers may be under tight delivery schedules, which may cause them to speed. However, speeding increases stopping distances and increases the likelihood that a driver will lose control of their vehicle.
- Impaired driving: Some truck drivers turn to drugs or alcohol to cope with the difficulty of their job and other problems. Because truck drivers are responsible for such large vehicles, an impaired state can substantially jeopardize the safety of others on the roadway.
- Maintenance issues: Large trucks could have blown tires, faulty brakes, or other mechanical issues that cause them to crash.
- Cargo problems: Cargo could have been improperly loaded so that it shifts during transit, exceeds weight limits, or falls off into the unsuspecting path of other motorists.
- Cargo securement: Truckers and third parties must properly secure cargo before transporting it so it does not shift during transit, fall off, or spill on the road.
- Truck defects: Commercial trucks may have a defect that contributes to a crash.
Truck accidents caused by these factors often result in serious injuries.
Common Truck Accident Injuries
The weight of the commercial truck, the speed at which the vehicle was traveling, and the cargo it was carrying can all lead to devastating and life-altering injuries. Some of the most severe injuries truck accident victims suffer include the following:
- Amputations
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Nerve damage
- Broken bones
Tragically, many truck crashes cause fatal injuries.
($1,300,000.00)
Our office represented a minor who ran into the street after being startled by a dog in a neighbor’s home. After he ran into the street, he was struck by a truck and sustained several broken bones. Our office assisted him in obtaining maximum medical improvement for his injuries. The dog owner’s home insurance company aggressively denied that they were responsible for our client’s injuries. After several years of hard-fought litigation, the dog owner’s home insurance company settled our client’s claim for 1 million dollars more than their policy limit. We also obtained a policy limit settlement from the truck driver who struck our client.
Who Is Responsible for My Long Beach Truck Accident?
If you or a loved one suffered any of the serious injuries described above, you might be wondering who is responsible for paying for your injuries. Several parties could bear liability for your accident, including the following:
Truck Driver
Truck drivers are required to follow all traffic laws, maintain situational awareness, and take evasive maneuvers to avoid collisions. Truck drivers should also be mindful of the size of the vehicle under their care. Semi trucks can weigh up to 80,000 pounds and cause devastation in their wake when they collide with a vehicle weighing only a few thousand pounds. When truck drivers make mistakes or drive negligently, they can be held responsible for the accidents they cause.
Trucking Company
In the past, trucking companies avoided liability by hiring independent contractors. If these drivers, who were not their employees, were involved in a crash, they would shift liability to them. They would also lease their fleet of vehicles rather than owning them.
However, federal laws were enacted that eradicated these evasive maneuvers. Now, trucking companies can be held liable for the negligent actions of their drivers and their trucks, regardless of their employment or ownership status.
Additionally, trucking companies can be held liable for their own forms of negligence, such as:
- Hiring inexperienced drivers
- Hiring dangerous drivers with known safety violations or drug problems
- Failing to train drivers
- Encouraging or requiring drivers to violate hours of service or other safety rules
- Ignoring maintenance on their fleet
- Improperly loading cargo
Cargo Loading Company
If the trucking company outsourced cargo loading to an independent company, this third party could be responsible for an accident caused by cargo problems.
Mechanics
If the trucking company outsourced its maintenance duties to a third party, and that party negligently performed repairs or did not provide proper maintenance, it could be held responsible for the resulting accident.
Truck or Parts Manufacturers
If a truck or part defect contributed to the crash, you could seek to hold the manufacturer responsible for your injuries.
Other Motorists
Other motorists may not drive safely around large trucks and could be responsible for truck accidents.
The Government
The City of Long Beach could be responsible for crashes caused by unreasonably hazardous roadways.
Damages Available After a Truck Accident
California personal injury victims can pursue legal claims to make them “whole again” after a truck crash. They can pursue compensation for the damages they sustain in a truck wreck, such as:
- Medical expenses: You can seek compensation for emergency medical treatment, including for ambulance charges, hospital stays, emergency room treatment, and diagnostic tests. You can also pursue compensation for medical bills you are continuing to incur due to the accident, such as follow-up visits, medical equipment, and prescription medication. You can also request compensation for your anticipated future medical expenses.
- Property damage: The negligent party should pay to have your damaged vehicle repaired or replaced.
- Permanent disabilities and impairments: In the case of catastrophic injuries, you can seek compensation for in-home care and home modifications.
- Non-economic damages: In addition to having the right to pursue compensation for your economic damages, which have a direct quantifiable value, you can seek compensation for your non-economic damages, such as physical pain and suffering, mental anguish, emotional distress, anxiety, depression, PTSD, and loss of quality of life.
An experienced Long Beach truck accident attorney from our law firm can carefully review your case and determine the damages you can include as part of your claim.
What Is My Time Limit to File a Truck Accident Lawsuit in Long Beach?
The statute of limitations for most personal injury cases, including truck accident lawsuits, is two years from the date of the accident. However, exceptions may apply that shorten or lengthen this timeframe, such as if the injury victim was a minor or the government is a named party, respectively. If the applicable deadline passes and you have not filed a lawsuit, you can forfeit your right to bring suit in court and recover compensation for your losses. It is best to work with an experienced attorney who can review your case and take timely legal action on your behalf.
Contact Our Truck Accident Attorneys for a Free, No-Obligation Consultation
If you or a loved one was injured in a truck accident primarily the fault of someone else, you should not have to pay the consequences. An experienced truck accident lawyer from Belal Hamideh can help you with every aspect of your personal injury claim, from start to finish.
Because we take cases on a contingency fee basis, you don’t have to pay anything up front. We can discuss your legal rights and obligations during a free consultation. Contact us today to get started. A member of our bilingual legal team will be available to assist you.