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What Legal Recourses Are Available for Catastrophic Injuries in Truck Accidents?

Truck Accidents

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What Should I Do First If I’m Severely Hurt In a Truck Accident?

You may never consider getting into an accident with a large truck, but these accidents happen daily on California roads.

Also, these large vehicles weigh up to 80,000 lbs., and if they hit your car or SUV, the chances of you or a loved one getting a catastrophic injury are incredibly high.

That said, if you are able, there are things you must do to get the compensation you need to deal with the enormous medical bills, post-accident treatment, etc., that you need to recover and thrive, as your life may be altered forever.

Just a few of the actions you or someone trusted at the scene should do are:

  • Seek medical attention immediately – Call for needed medical help, and always ask the paramedics to take you to the hospital. Many times, brain injuries (such as TBI) may not be immediately symptomatic and often are hidden for days or weeks. So, a complete medical exam of all those involved is mandatory. This medical information will be critical to strengthen any personal injury case you may have to file.
  • Call the police – It’s always best not to panic and think as rationally as possible. The police will arrive, even if you’ve been taken for medical aid, and officially detail the scene, photograph it, speak with witnesses, and more. This official police report is sometimes precious in proving negligence and getting you the compensation needed to recover.
  • Only provide necessary information – You, or loved ones, should only provide any information you need. Never give your “account of the incident,” as you may not think clearly now. A catastrophic truck accident can include multiple drivers and numerous accounts of what occurred. Speak to your lawyer before speaking with others, especially the insurance companies.
  • Contact your experienced truck accident lawyer as soon as possible – You usually should contact your insurance company and let them know the accident occurred, but that’s all. Insurance companies and their adjusters will only pay what they must; so after your skilled and thorough truck accident lawyer comprehensively analyzes the incident and your injuries, they will use their well-honed negotiating skills on your behalf. 
  • Never agree to any “quick” settlement offered by your insurer – These accidents can be horrific, and contacting a truck accident lawyer is the best way to make sure you receive the appropriate compensation you deserve.

What is Considered a Catastrophic Injury in California?

“Catastrophic” injuries are commonly classified based on three possible outcomes: death of the person, those that cause a severe disability, and those that are forever life-changing. Many of these types of injuries cause damage to the brain or spinal cord and deprive you, or a loved one, as the victim of the ability to live an everyday life.

Catastrophic injury usually causes a loss of mobility and can affect your verbal communication and cognitive abilities.

They can alter and damage your circulatory, respiratory, and urinary systems. Any damage to these vital bodily systems will often require extensive and expensive medical treatment. The costs of medical treatment for catastrophic injuries usually add up to hundreds of thousands of dollars or more.

If you suffer a catastrophic injury in a truck accident, it is critically important to hire an experienced, thorough, and well-versed truck accident lawyer.

These cases can be significantly more legally complex than other personal injury cases and involve information about the catastrophic nature of your injuries, the medical treatment required to treat severe injuries, and the various California laws pertaining to properly and professionally filing and winning a catastrophic injury claim.

How Do I Prove Liability or Negligence For My Catastrophic Injury?

Proving negligence and liability is always a keystone to every type of personal injury case, including those that involve catastrophic injury. Your skilled, compassionate, and thorough truck accident lawyer will gather the evidence needed to prove that someone acted “negligently” or failed to act as any reasonably careful person would in the same situation. 

For example, in many truck accidents, the driver was overworked, tired, distracted, speeding, or just plain negligent. In some cases, you may sue the driver, but usually, in catastrophic injury cases, many parties can be part of a successful lawsuit.

In some cases, your law team will address and prove that the driver’s employer has vicarious liability over the actions of their employee, the vehicle manufacturer or maintenance company was at fault, and more, so many defendants may be involved.

Defendants in these cases typically may include:

  • Negligent parties, including the driver and their employer.
  • The manufacturer of the truck itself may have known that a defect was present that contributed to or caused your accident.
  • Companies that may have maintained the vehicle improperly.
  • Loading companies overloaded the vehicle, making it too difficult to handle and control.

Proving negligence is critical to winning your case and receiving your deserved compensation. That stated, proving negligence is also the main area where your Sacramento truck accident lawyer’s skills, expertise, and professional knowledge will prove invaluable to obtaining the total compensation you rightfully deserve.

In a Catastrophic Truck Accident, What Can I Be Compensated For?

Due to the catastrophic nature of your injuries, the outcome of your case could redirect the rest of your life. Therefore, the compensation you may need is significant.

Just a few of the things you could get compensation for are:

  • Current and future medical bills for medical treatments, ongoing hospital treatments, prescription drugs, physical or psychological therapy, and more.
  • Lost wages and loss of your future earning capacity.
  • Property damage to your vehicle and more.
  • Pain and suffering damages compensate you and your family for the grief, anxiety, physical and mental damage, loss of enjoyment of life, physical impairment and disfigurement, etc.

In some catastrophic injury cases, you can also recover punitive damages. This usually occurs if your injuries were caused by someone’s intentional or egregious, reckless acts. Punitive damages can be significant and are traditionally designed to punish the defendant and put a stop to acting in this way again.

I’ve Suffered Severe Injuries In a Truck Accident; How Should I Proceed?

Recovering and healing after receiving catastrophic injuries in a truck accident can put an immediate stop to your former “normal” life. That’s precisely why one of the most vital things to do is to call a truck accident personal injury lawyer who has the resources and will provide you with the peerless professional legal representation you must have.

Your focus must be on recovery. Your lawyer will work tirelessly to draft, present, and strategically draft your case to get you the total compensation you deserve. Sadly, all insurance companies do their best to pay the least amount possible and not give it to injured victims.

The skilled and experienced truck accident lawyers at The Weinberger Law Firm are fully aware of the evidence needed and will gather all required before initiating an insurance claim.

Call them today at 916-520-0476 for a free consultation on your unique catastrophic injury case. By working with the best, you can be assured that you and your family will get the financial help you need and rightfully deserve. 

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When you drive a big rig, the sheer size and weight of the vehicle will create unique risks. If you do not know how to properly handle hazards that may arise, you could end up in a life-changing situation.

Your behavior behind the wheel will influence how susceptible you are to specific risks. The behavior of other motorists also influences your safety and your ability to navigate hazards with control.

Understanding the danger

Some of the hazards that could impact your safety include the weight of your cargo, the weather, the condition of your rig and road construction. Whether or not you get enough rest, your sobriety, your experience and how familiar you are with your truck’s large blind spots will also influence your safety. In a staggering statistic shared by Verizon Connect, truck driving ranks number seven out of 25 of the most dangerous occupations in the United States.

Without adequate experience, rest and attention, you may lack the capability to respond to hazards you encounter. This could result in a serious accident that jeopardizes your well-being. Your vigilance is also important because you never know how other motorists will drive around you. Knowing how to drive defensively can help you better protect your safety.

Mitigating the danger

There are a number of things you can do to improve your safety when you drive a big rig. Some of them include the following:

  • Follow federal regulations for rest and breaks
  • Never consume alcohol or medications that could make you drowsy
  • Properly load and secure any cargo you transport
  • Participate in safety training provided by your employer
  • Ensure your truck receives proper maintenance and repairs
  • Avoid all distractions

Your awareness of the risks of your job can help you stay safer. Implementing responsible driving habits will improve your control and response in unprecedented circumstances.

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While operating a truck, your mind may focus on multiple different issues or concerns. Whether those thoughts are about communicating with your workplace or minding the rules of the road, you may not notice safety issues with other drivers right away.

Learning more about how cars and other vehicles can cause accidents and intimidate trucks can help you if are struggling after a crash.

Reckless turning

According to the Federal Motor Carrier Safety Administration, a car may try to drive around a turning truck in order to save time. This lefthand turn can put both the truck and the car in danger, however, since the truck cannot stop in time to avoid a collision.

Since trucks need more space to turn, a car suddenly driving out in front of them to turn can lead to a panic.

Poor merging choices

A car choosing to merge in a lane on the highway even when there is not enough room can make it hard for a truck to slow down in time. Drivers of smaller vehicles may also overestimate how quickly a truck can stop or avoid another vehicle.

This is especially true when a truck is carrying heavy materials that make it even slower. Someone cutting off a truck that is trying to merge slowly into a new lane can lead to a serious crash.

Dodging between trucks

A car that tries to drive between you and another truck can struggle to stay on course because of the drafts and wind resistance that happens between two large vehicles. Your blind spots can also prevent you from seeing cars when they first approach.

Understanding how cars can intimidate truckers and cause truck crashes is one way to stay aware on the road.

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No matter what your destination is, you may encounter a truck driver that is speeding and switching lanes recklessly on the road.

In some cases, road rage could be to blame. This intense burst of emotions that fuels dangerous and law-breaking behavior often ends in a truck crash.

Failure to notice other vehicles

According to NBC News, an angry person focusing intently on one other driver on the road can lead to a crash. Since trucks are larger and heavier than most cars, they take longer to come to a complete stop. No matter how quickly a trucker hits the brakes, there will always be a long delay in an emergency situation.

This means that if truckers are not paying attention to the road around them because of road rage, then they may sideswipe or ram into your car.

Impulsive decisions

When road rage clouds someone’s decision-making, they may ignore stop signs and red lights in order to tailgate another vehicle. This increase in speed can leave you panicking. When a trucker near you is making impulsive traffic violations, you may hear repeated sounds of honking and see rude hand gestures.

Dangerous and aggressive behavior

Increased frustration over minor problems with other cars can lead to a trucker taking bigger risks while driving, such as attempting to run you off the road by trying to intimidate you. Road rage can lead to a serious crash in the span of only a few minutes or because of simple mistakes.

Noticing some subtle signs of road rage while sharing the road with trucks can help you if you are in an accident.

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Any car accident can upend a person’s life, but when those accidents involve large commercial vehicles drivers face additional complexity. What makes trucking accidents so complicated for injured drivers?

Big rigs weigh more than cars, pickup trucks and other vehicles.

Semi-trucks weigh significantly more than other vehicles on the roadway — around 20 to 30 times as much as the average car, according to the Federal Motor Carrier Safety Administration — and that creates a variety of risks. Not only does this weight mean that large commercial vehicles exert more force than other vehicles when involved in a crash,  they are also more difficult to stop quickly and can accelerate significantly when going downhill. This often leads to more severe injuries and damage during an accident.

Semi-trucks depend on a wide variety of people and businesses to operate safely.

A trucking accident can involve a wide variety of factors. Not only do drivers need to take steps to drive safely, but their carrier company, truck manufacturers and those loading a truck’s cargo all contribute to that safety.

When any of those parties do not uphold that duty, that negligence can contribute to any accidents that result from the truck’s poor condition. As a result, a carrier company that failed to perform legally-mandated inspections and maintenance, a manufacturer of faulty parts, a company that did not properly secure cargo and many others could also be liable. Carriers may also contribute to driver error by improperly training those drivers.

While trucking accidents are complex, drivers do not necessarily have to address those complexities alone. It is possible to take legal action and hold all parties involved responsible for their negligence.

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Avoiding commercial trucks when driving in California is not realistic. However, it may serve motorists well to exercise extreme care and vigilance when traveling near them. The number of truck drivers who use drugs or alcohol while working is increasing. This is troubling given that drug and alcohol use has the potential to have a serious impact on driving ability.

Per the Commercial Carrier Journal, the number of commercial truck drivers who received violations for drugs or alcohol within the first quarter of 2021 is higher than that seen within the same span in 2020.

Drug and Alcohol Clearinghouse details

The Federal Motor Carrier Safety Administration enacted a Drug and Alcohol Clearinghouse early last year. The clearinghouse has several goals. It looks to identify trucking industry professionals who abuse substances on the job. It also seeks to keep them off the roads until they take certain actions to better themselves. Once truckers receive violations in the clearinghouse, they may not return to duty until they take a series of predetermined steps.

Drug and Alcohol Clearinghouse findings

During the first quarter of 2021, the Drug and Alcohol Clearinghouse turned up 367 alcohol infractions among truck drivers.  It also revealed more than 14,400 drug-related trucker infractions. While truckers who received drug violations did so after using a range of different substances, marijuana-related violations were the most common. The clearinghouse showed 37,261 marijuana-positive trucker drug tests throughout the first three months of 2021. Cocaine was the second-most abused drug among commercial truckers in the first quarter of 2021.  The trucking industry saw 9,848 drug tests that were positive for cocaine during this time.

Companies that employ truck drivers have to follow certain reporting and screening mandates with regard to the Drug and Alcohol Clearinghouse.

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Since most truck accidents occur in rural areas, it makes sense that California is one of the top states for truck accidents every year. An accident involving a semi-truck has the potential to cause much more damage than in collisions with everyday sedans. Impacts by trucks are extremely forceful and its design is very different from that of cars, resulting in different parts colliding. For example, when two cars collide, that often means that bumpers and fenders are connecting. In the case of a collision between a car and a truck, the truck’s fender may be in line with the car’s windows, leading to more severe and dangerous damage and likely personal injury. If you have been involved in a car accident with a large semi-truck, speak with a truck accident lawyer in Sacramento to investigate what the cause was.

Danger of Truck Accidents

Several elements increase the danger of a collision with a truck, such as the following:

  • Increased force of impact due to the size and weight of the semi-truck
  • Increased force of associated parts, such as when a tire blows out
  • The presence of cargo increases potential obstacles if the cargo is not secure
  • Cargo that is potentially dangerous in and of itself that can lead to
    • Fires
    • Explosions
    • Chemical spills
    • Gas leaks
    • Radiation exposure
  • Larger blind spots for truck drivers
  • More difficult maintenance due to the many parts of the truck and the wear and tear a truck experiences
  • Tired or agitated truck drivers. Drivers often have very strict deadlines and long hours. This can lead to drivers asleep at the wheel or stressed driving.

Poor Truck Maintenance Leads to Accidents

Improper truck maintenance is one of the leading causes of truck accidents, resulting in hundreds of incidents every year. Poor maintenance may lead to:

  • Tire blowouts or shredding
  • Brake failure
  • Insufficient reflective material
  • Broken taillights
  • Decreased blind spot visibility
  • Detachment of cargo hold from the truck
  • Spilling or expulsion of cargo onto the road
  • Loss of control due to steering equipment malfunction

Determining Poor Truck Maintenance

The Federal Motor Carrier Safety Administration has very strict guidelines on truck maintenance. If a commercial truck is involved in an incident and is found to be in violation of any of the provisions covered by the FMCSA regulations (part 396), the trucking company could be held liable for financial damages to injured parties. The FMCSA requires regular inspections, maintenance, and repair each individual truck in the fleet. Each driver must inspect the commercial vehicle they drive before leaving the base. Drivers and trucking companies are also required to maintain records of inspections and maintenance of each truck for 30 consecutive days at the location maintenance is performed. If a company transfers, sells or retires a vehicle, the company must keep inspection and maintenance records at the location of maintenance for at least 1½ years.

In the case of a collision with a commercial semi-truck, it is important to determine if poor truck maintenance resulted in the crash. Truck drivers themselves may be held liable for a collision if it is due to their personal negligence, for example, if they were texting and driving. Even if the driver was individually at fault, the company for which he or she works may be held partially responsible, as employers are indirectly liable for the actions of their employees.

However, if a trucking company violated any of the FMCSA safety regulations for maintenance, the company may be held directly liable for damage and injury resulting from an incident. If a violation can be proved as the cause of the accident, the trucking company is considered negligent and the plaintiff doesn’t need to prove the negligence. The defendant can still try to prove that it was not negligent, but it is their burden of proof, not that of the plaintiff. Cases involving big-rig trucks can get complicated, speak with a truck accident lawyer in Sacramento pertaining to your specific case.

Have You Experienced a Car Collision Involving a Semi-Truck?

Trucking companies often move very quickly following an incident so as to eliminate as much of the blame and associated cost as possible. For this reason, it is very important to contact a knowledgeable and motivated Sacramento law office who can help you get the compensation you deserve from a potential national and well-defended trucking company. It is also very important that you do not make a statement to the trucking company or their insurance provider. Doing so could severely limit your compensation.

Consult with a Truck Accident Lawyer in Sacramento for Your Legal Needs

Getting hit by a large truck can result in serious injuries and property damage. The Weinberger Law Firm has the knowledge and dedication that you need to deal with truck drivers, companies and insurance providers. Speak with our truck accident lawyer in Sacramento at (916) 357-6767.

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Truck accidents are very serious and common incidences in California. Due to the state’s large latitudinal range, connection to Mexico and the presence of Los Angeles metro area, trucks barrel up and down California highways at higher rates than many other states. The nature of a trucker’s schedule, as well as the size and weight of semis, make them very dangerous in the case of a collision. When individuals are injured or incur material damage when involved in a case with a semi, they often think, “Who’s at fault?” Because every case is unique, it’s important to remember the other parties involved in trucking logistics. Speak with an injury attorney in Sacramento CA for more information.

Unlike a normal accident involving two individuals driving their own cars, ownership and liability are much more complicated when a commercial truck is involved. Some people or groups that are often considered responsible include:

  • Truck driver
  • Trucking company
  • The loading company
  • The owner of the truck
  • The mechanic who works on the truck
  • The brake manufacturer

One aspect of this complex situation that is often forgotten in cases of collision is the shipper. The shipper is the company that hires trucks and truck drivers to move goods from the point of origin to the destination. In some cases, shippers are also responsible for the loading of such goods and thus could be held responsible in the case of shifting cargo.

Negligent Selection

One major responsibility a shipper has is in choosing a responsible, high-quality company to move their cargo. Choosing a company with high standards and sufficient experience is a part of the shipping company’s job. This is more important the more complicated a shipping company is. When a shipper makes a bad choice in carriers and that carrier behaves in a way that leads to an accident, the shipper may be held liable. This is called “negligent selection.”

In cases of negligent selection, the courts look into how complicated or sophisticated the shipping company is. The more complicated a shipper is, the more responsible they are for choosing a responsible carrier. How sophisticated a shipper is usually is based on the frequency and size of shipments. In current times, individual contracts are negotiated between each shipper and carrier. This makes proving liability more complicated and may confuse responsibility for transportation incidents, as each incident is catered individually to the companies involved. Due to these complexities, it’s best to seek legal advice and expertise of an injury attorney in Sacramento CA.

After it is shown that the shipper is sufficiently complicated and that the carrier is negligent, it must be determined that the shipper knew of this shortcoming in the carrier. So to summarize, attorneys working on cases regarding negligent selection try to prove:

  • The shipping company chose a carrier that either may have been done negligently or haphazardly or the shipping company knew the carrier to be negligent
  • The carrier behaved negligently
  • That negligence on behalf of the carrier influenced the occurrence of an accident
  • The accident is what caused a plaintiff’s damage or injury

Always speak with an injury attorney in Sacramento CA who can evaluate your case and prove such negligence. Another problem that increases confusion on the responsibility of shipping companies is that there is some confusion in the guidance literature set out by the Federal Motor Carrier Safety Administration’s (FMCSA). The Compliance, Safety, Accountability (CSA) and Safety Measurement System (SMS) programs are meant to guide shippers, but changes in content often serve to confuse shippers. Does this limit their liability? If so, who is to be held responsible?

Potential Defense for Shipper

Of course, any entity being sued for damages will say almost anything to avoid being found guilty. Often, shipping companies will argue that they fulfilled their duty to hire a responsible carrier. Shippers may argue that the only indicator they are required to take into account is the score given to a carrier by the Federal Motor Carrier Safety Association. If a carrier is rated as “satisfactory,” a shipper may argue, that indicates that the company is sufficient enough to do business with.

Call an Injury Attorney in Sacramento CA for Legal Representation

Have you or a loved one been involved in a motor accident involving a truck? Trucking companies are often very well-funded and will do anything to avoiding paying in court. The complicated situations, laws, and many moving parts make it easy for big companies to confuse an accident victim and blame other groups involved. The best way to defend yourself in your case against a big trucking company or some other organization involved in the movement of cargo through California is to seek advice from an injury attorney in Sacramento CA

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On Monday, September 19, 2016, Traffic Was at a Complete Stop and Backed up for Miles Due of Major Vehicle Crash Involving Two Vehicles and a Tractor Trailer Big Rig Vehicle.

According to the news reports, the collision occurred just after 4:00 p.m. in the westbound lanes of traffic of Highway 50, in Rancho Cordova near Sunrise Avenue. The big rig struck the vehicles and burst into flames, and engulfing another vehicle. The responding emergency personnel shut down all westbound lanes of traffic, including the eastbound fast lane of Highway 50. Firefighters put out the fire by 4:30, but the lanes continued to be closed for clean up late into evening hours.

No major injuries were reported and all lanes of traffic have since been reopened.