At Law Office of Tricia Wang in Fremont, CA, our personal injury lawyer and injury claims manager are ready to help you, if you or your loved one got injured in an accident involving a commercial truck. We are committed to help you get fair settlement you deserve for injuries resulting from other’s negligence.
Accidents involving large trucks are common and often cause serious or fatal injuries. When we are on the road, we try to stay away from large trucks, not driving right in front of them, right behind them, or side by side with them. However, it is difficult to totally avoid them especially on highways. Truck accidents can be highly complex so it’s a good idea to always consult with an experienced truck accident lawyer.
In accidents involving commercial trucks, sometimes even identifying the liable parties can be challenging. When the injuries are serious and the truck involved in the accident is underinsured, it is critically important to identify all liable parties, the negligent driver, the driver’s employer (“sub-hauler”), and many times, there may be another carrier (the hauler), that may be responsible for the losses, depending on the business relationship between the entities. The liability issue is likely to require a careful study of the provisions in the federal regulations established by the Federal Motor Carrier Safety Administration (49 C.F.R. § 390 et seq), California “Motor Carriers of Property Permit Act” (34600 - 34672 of California Veh. Code). The result may substantially impact your ultimate recovery.
California commercial trucking companies and truck drivers must abide by both state and federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) is an agency under the United States Department of Transportation that regulates the trucking industry in the United States with the primary mission to reduce crashes, injuries and fatalities. FMCSA regulations address drug and alcohol testing, maximum hours of service, minimum rest times, transportation of hazardous materials, truck maintenance, etc. California law regulates truck operations, legal truck size and weight, truck speed limits on state highways, etc. A truck driver’s failure to abide by the safety law can be a strong evidence of negligence in a truck accident claims or lawsuits.
Truck accidents are most frequently caused by sleep-deprived driver, unsafe speed, mechanical failures, drug or alcohol use, and sometimes overloading. Both state and federal laws require drivers to get rest for certain amounts of time during every long shift, however, driver fatigue remains a major cause of truck accidents in California. Also, there are usually different posted speed limits for trucks, and all drivers must drive at a safe speed in view of road conditions. Load sizes and weights are also strictly regulated under both State and federal regulations. Please contact our truck accident lawyer immediately for discussion of the negligence and liability issue in your injury claims.
In the unfortunate event of a truck accident resulted in devastating injuries, you may feel overwhelmed by the sudden change in your life – Besides your physical injuries which may require extended hospital stay and long-term care, you may also suffer post-traumatic stress and the pressure from the unexpected financial burden of your medical bills and loss of income.
Soon after a truck accident, you may be contacted by a claims adjuster from the truck driver’s commercial insurance company. Our advice to you is that you should avoid speaking to a claims adjuster without consulting with a lawyer. No matter how nice and friendly the claim adjuster may be, his or her job is to look after the best interest of the insurance company. What you say to the adjuster may ultimately hurt your claim.
If you are successful in a truck accident claim, you will receive compensation not only for your medical treatment bills, such as hospital bills, doctor visits, medication cost, physical therapy, chiropractor bills, acupuncture bills, etc; but also compensation for your pain and suffering and emotional distress, your lost wages, etc. If you are permanently disabled due to the injuries or have a reduced capacity to work in the future, you may also claim for your lost future earnings.
We strong recommend that you talk with an experienced personal injury attorney who handles trucking accident cases. At Law Office of Tricia Wang, we can help you better understand how much your case may be worth and what types of damages you should expect to receive. In case it’s not possible to negotiate a fair settlement, we will pursue legal action against the liable parties and do whatever it takes to win your case!
Law Office of Tricia Wang is conveniently located in Fremont, California. Our experienced and passionate personal injury lawyer and staff are ready to help you with your truck accident claims. If you are hurt and feel helpless, just give us call 510-791-0232! Consultation is FREE!