When a trucker loses control of a big rig in Murrieta, it harms anything and anyone in its path. A large truck's size and weight give it the power to cause serious damage and devastating injuries. If a truck accident has caused injuries that changed your life, you need a legal advocate working for you while you recover. When you connect with our Murrieta truck accident lawyer, we take immediate steps to protect your rights under California law.
Truckers are professional drivers, but they have lapses in judgment just like other motorists. The difference is in the consequences. When a trucker commits a negligent act on the road, it often causes serious, catastrophic, and sometimes fatal injuries. Truck accident victims often spend the rest of their lives adjusting to unanticipated pain, scarring, impairments, and financial setbacks. If a trucker injured you, our dedicated Murrieta truck accident lawyers will fight back on your behalf.
We Believe Negligent Truckers Should Pay for the Damages They Cause
At Kash Legal, we provide effective legal solutions for our injured clients. When we establish a working relationship with you, we take immediate steps to protect your legal rights.
Our Murrieta truck accident lawyer takes the time to listen to your story. We conduct an independent investigation and evaluate any liability issues. We place all responsible parties on notice of your claims and identify their liability insurance carriers. We prepare a strong case on your behalf, and, when the timing is appropriate, we attempt to resolve your case.
We understand that financial compensation can’t take away your injuries, but it can help you with the financial challenges you encounter as a result of your injuries.
Truck Accidents In Murrieta
Based on the National Highway Transportation Administration’s most recent Large Truck Facts, California has the third highest number of fatal large truck fatal accidents in the country. While Murrieta is a small city, its central location and highway access make it a factor in the state’s commercial traffic casualties.
Big rigs on the highway cause high-profile accidents, but the large trucks you see every day cause accidents and injuries as well. Commercial trucks that weigh 10,000 to 33,000 plus pounds fit into the large and heavy large truck categories. When any one of these trucks crashes into another vehicle, it can cause extensive damage and injuries. The list includes:
- Tractor-trailers
- Tractors with flatbeds
- Dump trucks
- Garbage trucks
- Large tow trucks
- Medium to heavy-duty pick-ups
- Cement mixers
- Refrigerated vans
- City delivery and large walk-in vans
Know that while this list only includes types of trucks, you can file an auto accident claim against a negligent party in any vehicle accident that causes injuries or damages.
Large Trucks Cause Severe Injuries
The National Highway Traffic Safety Administration defines a truck as “large” when it weighs 10,000 pounds or more. “Heavy” large trucks, those that weigh 26,000 pounds or more, are the trucks most frequently involved in fatal accidents. These weight ranges define empty trucks without cargo. In California, some large trucks have the maximum allowed weight of 80,000 pounds.
Excessive weight and size allow large trucks and heavy large trucks to cause extensive damage and bodily injuries. Based on NHTSA research, when a large truck is involved in a fatal accident, 71 percent of the victims are occupants in the other vehicle. Those who survive a crash often deal with serious and catastrophic injuries.
- Head trauma and traumatic Brain injury
- Multiple fractures
- Spinal cord injury and paralysis
- Severe sprains and strains
- Traumatic amputations
- Soft tissue injuries
- Fractured and herniated discs
- Severe fire and chemical burns
- Knee injuries: fractures, dislocations
- Internal organ damage
- Fatal injuries
Regardless of the severity of your injuries, you have a right to seek compensation if you are injured in an accident caused by someone else’s negligence.
Why Commercial Truckers Cause Accidents
Truckers are some of the most highly trained drivers in the country. They must pass knowledge and skills tests before they receive a commercial driver’s license. Truckers rarely cause accidents, but, when they do, their injured victims often endure a lifetime of painful consequences.
The NHTSA, National Transportation Safety Board, and other agencies investigate and research commercial accidents and document the primary reasons for crashes. Truck accidents usually involve the same negligence issues as other accidents.
Driver Fatigue
Truckers cause accidents when they drive without enough rest. To minimize this risk, federal hours of service rules mandate maximum drive times. Electronic Logging Devices truck driver compliance. Accidents still occur due to driver fatigue, as some companies and/or truckers have found ways to disable or defraud ELD systems.
Unqualified Truckers
Federal Title 49, Transportation regulations mandate approved training to prepare drivers for their commercial driver’s licenses. CDL testing evaluates their knowledge and skills before approving their applications. Some truckers avoid CDL requirements by engaging in training, licensing, and testing scams. Without proper training, these unqualified truckers present a hazard to everyone on the road.
Medical Fitness
As the pool of qualified truckers ages, they deal with ongoing medical issues. Conditions such as obstructive sleep apnea prevent restful sleep and contribute to driver fatigue.
Improper Cargo Securement
Truckers are responsible for following the Federal Motor Carrier Safety Administration’s Cargo Securement rules. When an improperly loaded or poorly secured load shifts, it sometimes causes the trucker to lose control, overturn, jackknife, or spin into surrounding traffic.
Alcohol and Substance Abuse
Irresponsible truckers are no different than other irresponsible drivers. They sometimes consume alcohol or drugs before driving. As with other drivers, alcohol consumption contributes to accidents and injury severity.
Driver Distraction
Truckers drive distracted just like other drivers. This reduces their ability to drive as safely as they should. Distracted driving avoidance is a practical safety policy for truckers. It’s also a statutory requirement under California Vehicle Code and federal regulations.
Speeding
When a trucker drives too fast for conditions, they increase the potential for an accident. If they spot a hazard ahead, excessive speed increases their stopping distance. If they crash while speeding, it increases the intensity of the impact and can cause worse damages and injuries.
Who Is Liable for a Truck Accident?
Truckers are responsible for any accidents they cause, but other parties often assume or share that responsibility.
- Employer/Transport Company: When a trucker has an accident while carrying out their employer’s business, the employer is responsible. Employers sometimes share liability if they failed to properly screen, train, or supervise their drivers.
- Truck Owner: Sometimes a transport company or trucker borrows or leases a vehicle from another company. The owner may share liability under certain circumstances or if the trucker assumes responsibility under a contract.
- Shipper/Loader: If a customer or independent loading contractor improperly loads and secures a load, they share liability if their negligence contributes to an accident.
- Maintenance/Repair Contractor: If an improperly maintained or repaired truck or vehicle part contributes to an accident, the repair or maintenance contractors share liability.
- Truck Manufacturer: If a truck or truck part fails and causes an accident, the truck manufacturer may be responsible.
Sometimes multiple parties share fault. A Murrieta truck accident lawyer will help you determine which parties you’ll need to pursue for compensation.
The Duty of Care of a Common Carrier
Common carrier refers to companies, entities, or individuals that provide common transportation services to people or engage in the commercial transportation of goods. While duty of care applies to most situations when it comes to accidents involving common carriers there’s an added layer. The law recognizes that the general public depends on common carriers and assumes that their safety is a priority. This is why the standard of care for common carriers goes beyond the standard personal injury case when a common carrier is involved. Common carriers include:
- Bus drivers
- Cab drivers
- Train operators
- Trucking companies
- Waste removal companies
Understanding how duty of care applies in a truck accident is critical to building a strong case. A truck accident lawyer knows who to determine who owed you a duty of care and to what degree to pursue fair compensation.
Damages Recoverable From a Murrieta Truck Accident
When we resolve our clients’ truck accident injury claims, we work to recover compensation for economic damages and non-economic damages. When we try a case, California statutes give us the possibility of receiving exemplary damages as well.
Economic damages include out-of-pocket costs incurred during current and future treatment and recovery. Economic damages often include:
- Lost income
- Diminished earning capacity
- Physician and hospitalization costs
- Medications and prosthetic devices
- Physical and psychological therapy
- Household assistance and nursing care
- Funeral and burial expenses
The non-economic damage portion of a settlement considers psychological, emotional, and other non-numerical damages. These might include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Scars and disfigurement
- Permanent disabilities
- Loss of bodily functions
When we try our client’s case, a California court may consider awarding exemplary damages, also known as punitive damages. These damages are intended to punish the defendant for their gross negligence or malice, and the damages are awarded to the victim. Punitive damages are not awarded often.
Contact Our Murrieta Truck Accident Lawyer
If you sustained injuries in a truck accident, our Murrieta truck accident lawyers can protect your rights. At Kash Legal, we deal with your complex legal and damage issues while you focus on your recovery. When appropriate, we interact with the negligent parties, their liability insurers, and their attorneys. We perform legal services on a contingency basis, and we don’t send a fee bill until we resolve your claims.
When you meet with us for a complimentary legal consultation, we discuss your case and review your legal options. We determine if you have a right to recover financial compensation for your injuries. To schedule your appointment, call us at (888) 527-4128, click our chat bubble, or leave a message on our contact page.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
Murrieta Office
25185 Madison Ave Ste a, Murrieta, CA 92562
951-651-0774
Our Clients Love Us
OUR BLOG
Get Your Free Case Consultation
We will be in touch within 24 hours.