Truck accidents can cause life-altering injuries and expenses for motorists. If you’re in a collision with a large truck, you could be left with serious injuries, mountains of medical bills, a totaled vehicle, and many more setbacks.
As soon as you get your immediate medical needs taken care of, the most important step is to contact a personal injury attorney.
Did you know that truck accidents often happen because trucking companies break the law? While this is not always the case, violations of the law by trucking companies often result in trucks causing accidents and injuring innocent people. Sometimes it’s not even the truck driver’s fault! But if a trucking company or truck driver is responsible for injuries caused in an accident, injury victims have the legal right to claim compensation!
When pursuing a personal injury claim for a trucking accident in San Diego, California, it’s important to know the defenses available to you! While a personal injury attorney can help you sort through all your possible defenses, here are the most common defenses available to victims as a result of trucking companies breaking the law:
- Violation of Hours of Service Laws: Federal hours of service laws limit how long drivers can operate a truck in a given period. Unfortunately, sometimes drivers fail to log their hours as they are required to do so by law. Other times drivers even falsify their logs to make up for lost time. When drivers break the law, they can end up driving fatigued – increasing chances for mistakes on the road. It can be difficult to prove drowsy driving, as there are no tests to determine fatigue. However, a qualified personal injury attorney with experience in truck accident law can review a truck driver’s logs, shipping schedules, and more and put these facts together to see if the truck driver violated the law and caused an accident.
- Violation of Vehicle Maintenance Laws: Truck companies are required to keep their trucks in working order. They need to maintain the tires, the brakes, and other equipment, according to the Electronic Code of Federal Regulations. Failed brakes and failed tires can result in devastating crashes. If you or a loved one has been injured in a truck accident due to a blown tire or other mechanical fault, a personal injury attorney can review maintenance logs and see what kind of negligence happened. Did you know that sometimes truck companies even illegally use retread or used tires? When trucking companies violate laws, everyone on the road is at risk!
- Violation of Truck Driver Health Requirements: Truck drivers are required to pass health examinations to maintain their trucking license. However, these examinations may not occur frequently enough and drivers’ health conditions can change. Drivers sometimes take medication that can interfere with their attention behind the wheel. Other drivers may get behind the wheel with dangerous conditions like sleep apnea that can result in fatigue or other problems. Trucking companies have a responsibility to monitor their drivers’ health, but they sometimes neglect this responsibility. If a truck driver caused an accident because of poor health, the truck company may be responsible for covering the medical expenses, lost wages, and pain and suffering damages caused by the accident.
- Violation of Truck Weight Limits: In most cases, trucks should not exceed weights of 80,000 pounds. However, sometimes companies overload their trucks in order to ship more goods and improve their bottom lines. Since overloaded trucks pose a serious hazard to other road users, this can legally be considered negligence!
Beware of Insurance Companies!
Were you in an accident with a large truck that caused you injury or property damage? A personal injury attorney can help you discover and present evidence that proves your right to compensation! After an accident, insurance companies will try to get you to settle for a compensation amount that is far lower than what you deserve. And even if you deserve full compensation, they can use something you say or a way that you describe the accident to argue that you don’t! Before giving information to an insurance company, talk to a personal injury legal team who wants the best for you!
At the scene of a truck accident, and even afterward, it can be difficult to know who was to blame for the damages done. And the insurance companies and attorneys on the other side will certainly blame you! That’s why it’s essential to learn about your rights and defenses and go into your case with confidence and clarity. A personal injury attorney can help you understand the strength of your claim and also help you utilize the evidence that best supports your case. Don’t let injustice and negligence steal your wellbeing! Get help today!