Antelope Truck Accident Lawyer
Truck accidents are often deadly. Recently a FedEx tractor-trailer collided with a tour bus on Interstate 5 (I-5) in Orland. The collision was so severe that ten people lost their lives and thirty-nine others suffered serious injuries. Investigators determined that the FedEx truck operator made an unsafe turning movement while driving south on the freeway which caused the FedEx big rig to travel across the grass median at a “shallow angle” and hit the tour bus, in addition to a sedan.
Devastating Truck Accidents
This tragic accident is a prime example of the devastation that can occur when a large commercial big rig collides with another vehicle. The difference in size and weight between an 18-wheeler and most commuter vehicles like sedans, pickup trucks, SUVs, etc. is so vast that when a big rig hits one of these smaller vehicles, the occupants in the smaller vehicles are at risk of suffering horrific bodily injuries that may affect them for the rest of their lives.
Hold the Negligent Driver Responsible Through an Antelope Truck Accident Claim
If you or a family member were hit by an 18-wheeler and suffered serious injuries, then you can take legal action through a truck accident injury claim. Depending on the circumstances of your particular case, you may be able to file a claim against not just the operator of the truck, but multiple parties, including:
- The employer of the negligent truck operator
- Inspectors of commercial vehicles
- The insurance company of the commercial truck company
- The manufacturer of the big rig
How Can I Sue for Damages?
You may be asking yourself, “If I was hit by a negligent truck operator, how can I sue their employer?” Well, this is an aspect of truck accident claims that is unique. You can hold the truck operator’s employer responsible under a doctrine known as respondeat superior. Basically, this is a fancy legal term meaning that when there is an employer-employee relationship, the employer can be held financially liable for the driver’s careless actions when those actions are committed while they are operating within the scope of their employment duties.
Commercial Trucking Companies Often Commit Regulatory Violations
An effective way to establish liability is showing a violation of a state or federal regulation. This is because regulatory violations substantiate a claim that a big rig operator or commercial trucking company was negligent in their duties and put other individuals at risk.
The commercial trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). Some of the key regulations that are violated quite often include hours of service regulations that restrict the number of hours a big rig operator can be on the road without taking a break. For example, there is a regulation requiring that big rig operators not sleep in their parked big rigs. In addition, a big rig operator that goes three or more hours over the established driving time limit can be held liable for an egregious regulatory violation.
The FMCSA also put in place restrictions on big rig operators using cell phones while driving. The regulation restricts a commercial big rig operator from using a hand-held cell phone while operating the vehicle, truck, or bus. When a big rig operator violates this regulation, they can be subjected to a large monetary fine and the loss of their commercial driver’s license. The same goes for a trucking company that allows drivers to use cell phones while operating a vehicle.
In addition to federal regulations, there are state regulations that truck companies and operators must follow. For example, the California Department of Transportation has passed regulations governing cargo weight limits based on the number of axles, type of cargo and type of tires on a big rig.
Taking Your Case All the Way to Trial
The vast majority of personal injury lawsuits ultimately get resolved out of court through a settlement. However, you can never guarantee that a case will settle and big trucking companies will do everything they can to reduce or deny your claim. That is why you need an attorney on your side who is not afraid to take your case to trial, if necessary, and present the facts to a judge and jury.Antelope Truck Accident Lawyer
I’m Ed Smith, an Antelope Truck Accident Lawyer. I have been serving the Antelope and Northern California community for over thirty years helping injured people recover from accidents. If you or someone you love has been hurt in an accident due to the negligence of another party, please call me today at (916) 921-6400 or (800) 404-5400 for free and friendly advice with no obligation. I can also be reached via my website, AutoAccident.com.
I am also a member of the Million Dollar Forum. The group is reserved for injury lawyers who have obtained case verdicts and settlements in excess of $1 Million.
See some of my past Verdicts and Settlements here.
:sid rey [cs 831] > 10.2.2017 L@T