Trucking Accidents

A commercial truck can weigh up to 80,000 pounds. Considering that the average car weighs just 4,000 pounds, it is easy to see how a truck accident can be severe or even deadly. In fact, data from the opens in a new windowU.S. Department of Transportation’s Fatality Analysis Reporting System (FARS) showed that large trucks were responsible for 4,119 fatalities in 2019, and 67 percent of those deaths were occupants of other passenger vehicles. Due to the sheer size and weight of a commercial truck, an accident with one can cause catastrophic injuries.

If an injured victim decides to pursue a legal case, it is important to determine who is the liable party. In some cases, the truck driver may be responsible for the collision.

It is important to know that there are different types of commercial truck drivers that can be held liable. The common types of truck drivers include:

Owner-operator: Owns and drives the trucks. An owner-operator can also lease out to a trucking company.
Company drivers: A company driver is employed by a specific company and drives the company’s trucks.
Independent owner-operator: An independent owner-operator drives their own truck and makes their own contracts to haul goods. An independent owner-operator might even own a small trucking fleet.

Regardless of whom they work for or how they operate, truck drivers have a duty to drive responsibly and safely. A lawyer can determine who should be held accountable in a truck accident case. It could be more than one party, and sometimes the truck driver is responsible for an accident.

An accident can happen as a direct result of a truck driver’s negligence. Listed below are some scenarios when a truck driver could be held liable for a collision.

Reckless Driving

Some truck drivers break road rules. A truck driver may speed, make unsafe lane changes, tailgate, not use signals, drive aggressively, or commit other driving infractions. Due to the size and weight of a truck, reckless driving on the driver’s part can cause an exponentially worse accident than one involving two cars.

Drowsy Driving

Even though federal regulations mandate how long a trucker can drive without a break, some push themselves to meet deadlines or make up for lost time. They may forego rest and sleep breaks or work too many days in a row. Whatever the reason, a drowsy truck driver cannot make good driving decisions or react quickly. Some important federal regulations include:

Maximum 11-hour driving limit after 10 consecutive hours off duty.
Mandatory 30-minute break after eight cumulative hours of driving.
A truck driver cannot drive after 60 to 70 hours on duty in seven out of eight consecutive days.

Distracted Driving

Like other drivers, truck drivers have cell phones that may distract them. They are not immune to talking or texting while driving. Truck drivers may also have in-cab radios and other distractions, such as navigation systems, music, food, and beverages. Distracted driving is anything that takes a truck driver’s eyes off the road, hands of the wheel, or mind off of driving.

Driving Under the Influence

Truck drivers may need medications for a medical condition. Some medications cause drowsiness or brain fog that could impair driving.

In addition, truckers cannot be under the influence of drugs or alcohol while on duty. Like vehicle drivers, truck drivers are held to the same legal standards regarding driving under the influence.

Failure to Adapt to Adverse Weather Conditions

Some truck drivers feel invincible in their trucks during adverse weather conditions. Rain, fog, ice, wind, and snow require every vehicle on the road to drive more cautiously. For example, a truck driver who causes an accident by speeding on a slippery road can be held liable.

Being Unlicensed

Truck drivers need a special commercial driver’s license (CDL) to operate a truck. In addition, their license must specify the type of truck they are legally allowed to drive. Certain truckers will also need endorsements to carry passengers, to drive a tanker, or to transport hazardous materials.

Acting Outside the Scope of Duties

There have been cases in which a truck driver has caused an accident outside the scope of their official job duties. The cause of the truck accident is crucial to how a potential lawsuit will progress. A lawyer can guide the process, prove liability, and protect the victim’s rights. Insurers will often try to pin the blame on the victim.

When are Other Parties Liable for a Truck Accident?

A truck accident case is rarely clear. Various parties can be held liable, depending upon the circumstances. Some other potential parties include:

Trucking company: A trucking company hires drivers or contracts with independent drivers. Either way, the trucking company can be responsible for hiring a negligent driver who caused an accident. In addition, they may have cut corners on safety, such as forgoing truck inspections or needed repairs. They may also have unrealistic or illegal policies, pushing their drivers to make unrealistic deadlines.
Truck owner: Some trucking companies lease trucks from owners. Federal regulations govern the inspection and maintenance of trucks. It is the owner’s responsibility to ensure the trucks are adequately maintained and safe to drive. When that does not happen, the truck owner could be held liable for an accident.
Cargo loader or cargo owner: There are weight regulations and safe-loading guidelines that must be followed. Sometimes, a product manufacturer will load the truck straight from their factory. Other times, a logistics company or warehouse will load the cargo. The cargo loader could be responsible if a truck causes an accident due to shifting or too much weight.
Truck or parts manufacturer: Sometimes, the fault lies with the truck or parts manufacturer or assemblers. A failed system, such as brakes or steering, can cause a truck to lose control. Faulty tires can also cause truck accidents.

What Steps Should I Follow After a Truck Accident?

All motorists should know what to do after a truck accident. Following certain steps can improve a legal case. After a truck accident, the injured party should do the following:

Seek medical care by calling 911. Accept medical attention from first responders, even if the injuries seem minor.
Go to the doctor after the truck accident. Seek medical care after the accident for a checkup and when symptoms arise. Some symptoms may take days or weeks to appear.
Cooperate with the police, but do not overshare information. Do not admit fault or responsibility for the accident to any person or official on the scene or at a later time.
Collect information. Get the truck driver’s contact and insurance information.
Take cellphone pictures and videos of the accident scene. Take pictures or videos of property damage, vehicle locations, road conditions, weather conditions, injuries, and strewn parts.
Talk to bystanders and witnesses. Get their statements and contact information. People are often quite willing to provide witness statements at the scene of the accident or later.
Avoid speaking to other parties. Do not talk with the trucker’s insurance company or anyone else who asks about the accident. Refer them to your lawyer.
Hire a truck accident lawyer. A lawyer knows how to defend against the insurer’s claims and prove who is at fault. A truck accident victim should never accept an insurance officer without consulting a lawyer first. Holding the correct party responsible requires the investigative skills, knowledge, and resources of a lawyer.

Los Angeles Truck Accident Lawyers at ACTS Law Fight for Those Injured due to Negligent Truck Drivers

A truck accident can cause lifelong injuries and staggering medical bills. Holding the right party responsible for the accident is essential. If you were injured by a negligent truck driver, we can help prove your case. Speak to one of our Los Angeles truck accident lawyers at ACTS Law today for legal assistance after a severe truck collision. For a free consultation and to learn more about your options, call 833-ACTS-LAWopens phone dialer or contact us online. We proudly serve residents throughout Southern California from our offices in Los Angeles and San Diego.

Drowsy driving is one of the most common causes of truck accidents in the United States. Despite the opens in a new windowFederal Motor Carrier Safety Administration’s (FMCSA)opens WORD file hours of service (HOS) regulations that limit the number of consecutive hours a truck driver is allowed to remain on duty, truckers who are under pressure to meet very tight delivery deadlines often exceed the maximum number of hours. This can have devastating consequences if a drowsy truck driver causes an accident with a passenger vehicle.

Due to the massive size and weight of the average commercial truck, the occupants of the passenger vehicle often suffer catastrophic injuries. If a motorist is injured in a truck accident that is caused by a drowsy driver, a skilled truck accident lawyer can fight on their behalf.

What is Drowsy Driving?

Drowsy driving occurs when a motorist gets behind the wheel of a car or truck when they feel very tired. While falling asleep at the wheel is the most extreme form of drowsy driving, even slight drowsiness can impact the motorist’s ability to stay focused, make quick decisions, and maintain control of the vehicle. The opens in a new windowNational Safety Council (NSC) reports that drowsy drivers are three times more likely to be involved in a traffic accident than motorists who are well-rested, and truck drivers are particularly prone to driving while fatigued.

The long hours behind the wheel, prolonged stress associated with the pressure to meet the tight delivery deadlines, and the unhealthy lifestyle that many truck drivers have increases the risk of drowsy driving. Depending on the degree of drowsiness that the driver is experiencing, they may experience the following symptoms:

• Frequent yawning or blinking
• Drifting in and out of lanes
• Hitting rumble strips
• Missing exits
• Forgetfulness
• Daydreaming

What are the Most Common Causes of Drowsy Driving?

All motorists can be at risk of drowsy driving if they get behind the wheel after not getting enough sleep. However, truck drivers are particularly prone to drowsy driving for the following reasons:

• Long hours behind the wheel
• Significant amount of nighttime driving
• Shift work
• Inability to get seven to eight hours of sleep a night on a consistent basis
• Extreme weather conditions, including heat and humidity
• Health conditions, including sleep apnea

What are FMCSA Regulations?

In an effort to prevent devastating drowsy driving truck accidents, the FMCSA developed the opens in a new windowHours of Service (HOS) regulationsopens WORD file that limit the number of consecutive hours that a trucker can drive without taking a break. Truck drivers must take a 30-minute break after driving for up to eight hours. Too often, truck drivers violate HOS regulations and exceed the number of hours behind the wheel. Other times, the truck companies or distributors put significant pressure on drivers to deliver the cargo within very tight deadlines.

How Do I Prove That a Truck Driver was Drowsy Driving?

If a motorist is seriously injured in a truck accident that was caused by a drowsy driver, they must be able to prove that the trucker was drowsy at the time of the collision in order to file a personal injury claim. The following pieces of evidence can help prove truck driver fatigue:

• Police report: Police officers are able to recognize the common signs of drowsiness, including bloodshot eyes, yawning, and a statement from the truck driver admitting that they were tired. This information will be included in the police report and can be used as evidence in a personal injury lawsuit. The police officer may also be called to testify on behalf of the injured motorist.
• Time of day: Truck drivers often drive through the night without taking a break to rest. In fact, truck drivers who are on the road between 1:00 a.m. and 5:00 a.m. are more likely to have been driving through the night without taking the required breaks to rest or sleep. If the accident occurred during these hours, this information may help prove drowsy driving.
• Electronic logging device (ELD): Most commercial trucks that were manufactured in 2000 or later are equipped with ELDs, which allow commercial truck drivers to track their HOS. If the truck is not equipped with an ELD, the truck driver is required to keep a handwritten logbook and update it regularly. If the number of hours logged exceeds the FMCSA regulations, the injured party can likely prove legal fatigue.
• Number of hours billed: Another way to confirm that a truck driver was on duty for too long is to check the number of hours that they billed.
• Lack of accident avoidance: An obvious sign of drowsy driving is if the truck driver did not attempt to avoid hitting the other vehicle. If other motorists on the road witnessed the truck accident and can provide a statement confirming that the truck driver appeared to be asleep at the wheel, the other motorist can provide a statement about what they saw.

What are the Common Injuries Caused by Drowsy Driving Truck Accidents?

All truck accidents can cause catastrophic injuries and fatalities due to the size and weight of the average truck compared to the average passenger vehicle. The following are examples of injuries that are caused by drowsy driving truck accidents:

• Amputation injuries
• Facial injuries
• Traumatic brain injuries
• Broken bones
• Burn injuries
• Internal bleeding and organ damage
• Neck and back injuries

Who is Liable for a Drowsy Driving Truck Accident?

Oftentimes, if a truck accident is caused by a drowsy driver, the truck driver is considered responsible, particularly if they exceeded the HOS regulations. However, other parties may share liability if their actions contributed to the truck driver’s behavior. For example, if it can be proven that the truck company set unreasonable deadlines for their drivers, the company may be held partially liable for the victim’s injuries. An experienced truck accident lawyer will conduct a thorough investigation into the details of the case.

What are Possible Damages in a Drowsy Driving Truck Accident Case?

Injuries caused by a truck accident are often severe and will require extensive medical care, physical therapy, and even long-term care if the injury causes permanent impairments. The costs associated with these injuries can accumulate very quickly.

If the injured victim is able to prove that the truck driver was drowsy at the time of the accident, they may be eligible for financial compensation by filing a personal injury lawsuit. They may be entitled to the following damages:

• Economic damages: These include current and future medical bills, prescription medication, physical and occupational therapy, lost wages, and loss of future earning capacity.
• Non-economic damages: These include pain and suffering, scarring and disfigurement, anxiety and grief, and loss of enjoyment of life.

How can Truck Drivers Prevent Drowsy Driving?

Drowsy driving truck accidents are largely preventable if truckers get enough sleep, recognize the signs of fatigue, and stop driving when they start to feel drowsy. The following are examples of steps that truckers can take to prevent devastating drowsy driving collisions:

• Get at least seven to eight hours of sleep every night.
• Schedule regular stops to rest, get some fresh air, stretch, or take a nap if necessary.
• Take a driving break every 100 miles or every two hours.
• Truck drivers should avoid situations where they fall behind and need to drive extra hours to be back on schedule.
• Do not drink alcohol.
• If taking medication, ask a physician if it causes drowsiness.
• Avoid heavy, unhealthy foods.
• If a truck driver is experiencing sleep issues, they should see a doctor who can diagnose conditions, like sleep apnea.

Los Angeles Truck Accident Lawyers at ACTS Law Represent Victims of Drowsy Driving Truck Accidents

If you were seriously injured in a drowsy driving truck accident, do not hesitate to contact the Los Angeles truck accident lawyers at ACTS Law. Drowsy driving is a leading cause of truck accidents, and these cases are complicated because different parties may be involved. We can help you determine the at-fault party. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. Located in Los Angeles and San Diego, we serve clients throughout Southern California.

Some of the most common causes of serious truck accidents include distracted driving, drowsy driving, and impaired driving. However, tire blowouts also cause truck accidents that can be particularly devastating. Many of these accidents can be prevented by making sure that tires are properly maintained and replaced if the tread is worn.

What Causes Tire Blowouts?

In some cases, a tire blowout can occur because of some type of debris in the road or a pothole. However, the vast majority of tire blowouts are caused by some type of manufacturing or driver error or a failure to properly maintain the vehicle. The following are examples of the most common causes of tire blowouts.

Truck Driver Error

This is the most common cause of tire blowouts. Truck drivers are responsible for ensuring that their vehicle is properly and regularly maintained. That includes checking the tires’ air pressure and treads. If the air pressure is low or the tire treads are worn, there is an increased risk of a tire blowout. In addition, if the big rig hits a curb or a pothole, this could result in a blowout if the driver failed to have the tire repaired.

Improperly Installed Tires

If tires are not properly installed by a qualified mechanic, tire blowouts are much more likely to occur. Too often, careless mistakes are made, which can lead to a devastating tire blowout accident.

Improper Tire Inflation

If a commercial truck is not properly inspected on a regular basis, tire problems and other potentially serious mechanical issues may not be detected. Proper tire inflation will ensure that the tire’s internal components are not forced to flex beyond their designed limit. If tires are underinflated, the internal components of the tire will over flex, weaken, and eventually fail, increasing the risk of a blowout.

Overloaded Trucks

When too much cargo is loaded into a truck’s trailer, it can put more weight on the vehicle’s tires than they are designed to handle, even if they are properly inflated. Trucking companies will sometimes do this to save money on shipping. However, this can cause serious blowout accidents, as well as other types of truck accidents.

Inadequate Vehicle Inspections

Commercial trucks must be inspected on a regular basis. This helps identify a range of mechanical issues, including tires that have low pressure or that have started to wear out. If these issues are not identified and fixed, there is an increased risk of a serious truck accident.

Manufacture Defect

In some cases, a tire blowout may be the fault of the tire manufacturer and not of the truck driver or the trucking company. Legally, tire manufacturers have a responsibility to ensure that the tires they sell are safe.

What Factors Increase the Risk of a Tire Blowout?

In addition to the common causes of tire blowouts discussed above, the following factors can also increase the risk of a tire blowout:

• Hot weather, which can cause the tire to overinflate.
• Mismatched tires, or tires that are not the right size for the truck.
• Using tires that have been recalled.
• Defective or worn spare tires.
• Excessive braking.
• Inclement weather conditions combined with inexperienced or unsafe driving behaviors.

What Happens in a Tire Blowout Accident?

Tire blowouts involving large commercial trucks can be terrifying, particularly for occupants of the passenger vehicles in the vicinity of the truck. When a truck’s tire blows out, the vehicle will suddenly veer in the direction of the blown out tire. In extreme cases, this can cause the truck’s trailer to jackknife across the road or even flip over. If this type of accident occurs on the busy highway, it can have devastating consequences, including massive property damage involving multiple vehicles, severe injuries, and fatalities. In addition, it can cause the truck’s cargo to spill out, which can be extremely hazardous if the truck is carrying toxic or hazardous materials.

Who is Liable for a Tire Blowout?

There are a number of parties that may be responsible for a tire blowout truck accident. Listed below are potential parties that may be held liable for negligent tire care and maintenance.

Truck Drivers

All truck drivers have a responsibility to inspect their vehicle before every trip, which includes checking the tire pressure and making sure that the tread is not worn. If the truck driver failed to inspect the tires and ensure that they are properly maintained, they may be liable for the injuries caused by a truck accident.

Trucking Company

The truck company is also legally obligated to ensure that their trucks are properly maintained and that they meet all safety standards. This includes regularly conducting thorough maintenance checks on the entire truck and ensuring that all repairs are made before the truck goes back on the road. If the truck company does not conduct regular maintenance or fails to repair or replace truck tires when it is necessary, it may be held liable for a blowout accident.

Maintenance Company

In recent years, it has become more common for commercial truck companies to outsource services, like tire mounting, tire and wheel assembly, tire repair, wheel refurbishing, tire inflation, rim installation, and other services related to the trucks’ tires. If individuals from the maintenance company are responsible for selling a faulty or defective tire, the company may be considered liable for a truck accident victim’s injuries. In addition, if the maintenance company did not properly train the technicians who worked on the truck’s wheels and tires, the maintenance company will likely be held liable.

Tire Manufacturer

In some cases, the tires may be defective, which may be cause for a products liability lawsuit against the tire manufacturer. Some tire defects are not easily detected, so they are only discovered after something goes wrong. For example, if there is a problem with the belt adhesion and it separates, this can cause a devastating truck accident.

In order to have a successful products liability lawsuit, the victim must be able to prove that the tire was defective and that the manufacturer was aware that the tire was defective. This can be difficult to do, but a skilled lawyer can assist the truck accident victim with the claims process.

What Injuries are Caused by Tire Blowout Accidents?

Truck accident victims rarely walk away from the incident unharmed. In fact, truck accidents, including those caused by tire blowouts, are some of the most devastating and destructive accidents on the road today. The following are examples of common truck accident injuries:

• Broken bones
• Cuts and lacerations
• Bruises
• Spinal cord injuries
• Sprains
• Amputations
• Traumatic brain injuries
• Burns
• opens in a new windowPost-traumatic stress disorder (PTSD)

How can I Avoid a Tire Blowout Accident?

One way to avoid a tire blowout accident is to avoid being in the vicinity of a large truck that appears to have worn or deflated tires. However, this is not always easy to spot. In some cases, the tire issue may not be visible at all.

Motorists can reduce the risk of being involved in a truck accident caused by a tire blowout by using extra caution when driving near a large commercial truck. Always follow the speed limit, and do not get too close to a truck as commercial trucks have very large blind spots. In addition, if one of the truck’s tires has a blowout, the trailer will veer in the direction of the blown out tire, so any vehicle that is in the vicinity of the blown tire is at serious risk of being hit by the truck.

Los Angeles Truck Accident Lawyers at ACTS Law Represent Victims of Tire Blowout Truck Accidents

If you were seriously injured in a truck accident caused by a tire blowout, do not hesitate to contact the Los Angeles truck accident lawyers at ACTS Law. We understand that truck accidents are devastating. Our dedicated legal team will determine who is responsible for your tire blow out truck accident and fight to hold them accountable. To schedule a free consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. Located in San Diego and Los Angeles, we serve clients throughout Southern California.