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Truck Accidents

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California Truck Accident Attorney

Seek Justice for Your Truck Accident in California with Our Legal Team

In California, truck drivers are required by law to maintain a safe distance between their truck and other vehicles on the road. Unfortunately, truck drivers often fail to maintain this safe distance, and as a result, they cause devastating personal injuries to people in smaller vehicles. If you have been injured in a truck accident, you need an experienced and aggressive truck accident lawyer in California who can advocate for you.

The Zalkin Law Firm, P.C. has the experience and resources to effectively represent you in your truck accident case. Our team is highly skilled, knowledgeable, and committed to helping you get the compensation you deserve. No one should go through the aftermath of a truck accident alone. We will fight for you and ensure you are properly taken care of. Our team can help you get the compensation you deserve and can help you get your life back on track.

Contact The Zalkin Law Firm, P.C. at (800) 477-2989 for Immediate Assistance with Truck Accident Claims

Understanding Truck Accidents and Their Impact

A truck accident is any motor vehicle accident in which a truck driver causes harm to another person. Truck accidents are particularly dangerous because of the sheer size and weight of the trucks involved. A truck accident is different from a car accident because the truck is a commercial vehicle. Truck drivers are required to follow certain rules and regulations that are not necessarily followed by other drivers.

Common causes of truck accidents include:

  • Driver Error: Negligent or reckless behavior by the truck driver is a significant cause of truck accidents. This can include speeding, distracted driving (such as texting or using a cellphone), fatigued driving, impaired driving (due to drugs or alcohol), aggressive driving, or failure to obey traffic laws.
  • Fatigue: Truck drivers often face demanding schedules and long hours on the road, which can lead to driver fatigue. Fatigue can impair judgment, reaction time, and concentration, increasing the risk of accidents.
  • Equipment Failure: Mechanical failures in the truck or its components, such as brakes, tires, steering systems, or lights, can contribute to accidents. Poor maintenance practices or defective parts can lead to equipment failure.
  • Improper Loading or Cargo Issues: Incorrectly loaded cargo or improper securing of cargo can cause a truck to become unbalanced or unstable, leading to accidents. Shifting cargo can affect the truck's handling and stability, particularly during braking or maneuvering.
  • Poor Weather Conditions: Adverse weather conditions, such as rain, snow, fog, or ice, can make driving conditions hazardous, increasing the risk of accidents. Trucks require longer stopping distances, and poor visibility can contribute to collisions.
  • Road Conditions: Poorly designed or maintained roads, including potholes, uneven surfaces, or inadequate signage, can contribute to truck accidents.
  • Improper Training or Inadequate Supervision: If truck drivers are not adequately trained or supervised by their employers, they may lack the necessary skills to operate the vehicles safely.
  • Distracted Driving: Distractions inside the truck, such as using electronic devices, eating, or engaging in other activities that take the driver's attention off the road, can lead to accidents.

Identifying Liable Parties After a California Truck Accident

In a truck accident case in California, several parties can potentially be held liable depending on the circumstances of the accident.

Here are some of the parties that may be held responsible:

  • Truck Driver: The truck driver can be held liable if their negligence or actions contributed to the accident. This can include violations of traffic laws, driving under the influence of drugs or alcohol, distracted driving, or driving recklessly.
  • Trucking Company: The trucking company that employs the driver can also be held liable in certain situations. If the accident occurred due to issues such as inadequate training, improper maintenance of the truck, negligent hiring practices, or violations of federal regulations governing the trucking industry, the company may share responsibility.
  • Truck Owner: If the truck involved in the accident is owned by a different party than the trucking company, such as an owner-operator, they may be held liable if the accident resulted from the truck's mechanical failure or inadequate maintenance.
  • Truck Manufacturer: If the accident was caused by a defect in the truck's design or manufacturing, the manufacturer or distributor of the truck or its parts may be held liable for the damages.
  • Third Parties: Depending on the circumstances, other parties may also be held liable. For example, if the accident was caused by a negligent repair or maintenance performed by a third-party mechanic, they could share responsibility. Additionally, if the accident occurred due to a hazardous condition on the road, such as a poorly maintained roadway, the government agency responsible for maintaining the road may be liable.

What are the Hours of Service Trucking Regulations?

The Hours of Service (HOS) regulations are rules set by the Federal Motor Carrier Safety Administration (FMCSA) to govern the working hours of anyone operating a commercial motor vehicle (CMV) in the United States. These regulations are designed to reduce accidents caused by driver fatigue.

Here are the key aspects of the HOS regulations:

  • 11-Hour Driving Limit: Drivers are allowed to drive a maximum of 11 hours after 10 consecutive hours off duty.
  • 14-Hour Limit: Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
  • 30-Minute Rest Break: Drivers must take a 30-minute break after 8 cumulative hours of driving time without at least a 30-minute interruption. This can be satisfied by taking any non-driving period of 30 consecutive minutes, including on-duty not driving, off-duty, or sleeper berth time.
  • 60/70-Hour Limit: Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
  • Sleeper Berth Provision: Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
  • Adverse Driving Conditions: Drivers are allowed to extend the 11-hour maximum driving limit and the 14-hour driving window by up to 2 hours when adverse driving conditions are encountered.
  • Short-Haul Exception: Drivers who operate within a 150 air-mile radius of their normal work reporting location and do not exceed a maximum duty period of 14 hours may be exempt from keeping a logbook but must maintain time records.
  • Recordkeeping Requirements: Drivers are required to keep a record of their duty status (RODS) using electronic logging devices (ELDs) to track driving hours, which are mandatory for most drivers.

There are various exceptions to the HOS regulations, including those for agricultural operations, emergency conditions, and certain types of specialized operations. It's important for drivers and employers to be aware of any specific exemptions that may apply to their operations.

Why Trust The Zalkin Law Firm, P.C. with Your Truck Accident Claim?

The aftermath of a truck accident can be overwhelming. You may be dealing with injuries, medical bills, missed work, and other financial issues. You may not know how to handle the insurance claims process or how to hold the truck driver accountable. A truck accident lawyer in California can help you navigate the legal system and get you the compensation you deserve. Our team at The Zalkin Law Firm, P.C. has the experience and know-how to fight for you. We know how to hold negligent truck drivers accountable and can help you do the same.

Get Expert Legal Help Now: Contact The Zalkin Law Firm, P.C. at (800) 477-2989 for Your Truck Accident Case

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Helping Our Clients Get Closure

Millions Recovered on Behalf of Our Clients
  • Clergy Sexual Abuse
    Multi-Victim
    $660,000,000

    Irwin Zalkin was one of the lead trial lawyers and part of the trial team prepared to commence a 14 victim trial against the Roman Catholic Archbishop of Los Angeles, the day a global settlement was reached in the amount of $660,000,000.

  • Clergy Sexual Abuse
    Multi-Victim
    $198,500,000

    Irwin Zalkin was appointed Mediation Liaison Counsel and a lead negotiator by United States Magistrate Judge Leo S. Papas on behalf of over 144 victims of childhood sexual abuse against the Roman Catholic Bishop of San Diego.

  • Clergy Sexual Abuse
    Multi-Victim
    $100,000,000

    Irwin Zalkin was part of the team of lawyers representing clergy sexual abuse survivors in the Diocese of Orange, California who recently helped to negotiate the first $100,000,000 global settlement in the country involving childhood sexual abuse by members of the Catholic clergy.

  • Clergy Sexual Abuse
    Multi-Victim
    $10,500,000

    Multi-victim case against religious group home.

  • Lohse v. Lakeland Village HOA (Oakland, CA) $8,000,000

    An $8 Million judgment against a resort facility after a six-week jury trial for a woman who was rendered a paraplegic following a fall off of an unguarded pier.

  • Clergy Sexual Abuse
    Multi-Victim
    $8,000,000

    Multi-victim case against a religious leader and institution.

  • Child Sexual Abuse
    Single Victim
    $4,250,000

    $4.25 Million paid to single sexual abuse Plaintiff.

  • Clergy Sexual Abuse
    Multi-Victim
    $4,200,000

    Three survivors abused as minors by priests associated with a Northern California Diocese.

  • Child Sexual Abuse
    Single Victim
    $4,150,000

    $4.15 Million paid to single sexual abuse Plaintiff.

  • Child Sexual Abuse
    Single Victim
    $4,000,000

    $4 Million paid to single sexual abuse Plaintiff.

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