Many truck accidents are catastrophic because of their weight and size. A crash with a truck often causes severe injuries, leaving victims struggling with financial problems and a long path to recovery.
It can be even harder to deal with these accidents when you discover that the crash could have been prevented if the truck driver had been more careful. The statistics on truck accidents are quite alarming. However, knowing these facts can help you stay more alert when near commercial trucks.
If you are among those injured in a truck collision, understanding what caused the crash can help your lawyer determine who is at fault and ensure that the right parties are held accountable for your damages. Read on to learn more about California truck accidents.
Statistics of California Truck Accident
In California, a large truck refers to any heavy or medium truck with a gross vehicle weight rating over 10,000 pounds, not including buses or motor homes. This category includes both commercial and non-commercial vehicles. In 2021, 71% of the large trucks involved in fatal traffic accidents were heavy trucks. These accidents usually happen due to reckless behavior or mistakes made by the truck driver or the trucking companies. Vehicle problems, like brake issues, cause up to 30 percent of these accidents.
Another 2021 study showed that 3% of large truck drivers who were in fatal accidents had blood alcohol concentrations (BACs) of 0.08 or higher. This percentage is much lower compared to drivers of other types of vehicles. When a trucker is reckless, or the trucking firm does not ensure that only safe and well-trained truckers are on the road, the chances of accidents rise significantly. Victims in such accidents often hold the truck driver and their employer responsible.
Common Causes of California Truck Accidents
Driving large trucks and other big commercial vehicles needs proper training and careful attention. Here are some common ways that reckless truckers cause accidents:
Not Checking Blind Spots
Blind spots, or No Zones, are areas around a truck’s back, front, and sides that drivers cannot see. A truck driver must check these blind spots carefully before switching lanes, merging, or turning. If you fail to check these areas, it can lead to serious accidents.
Ignoring Traffic Signals
All truck drivers should follow traffic signals, such as stop lights, stop signs, and yield signs. Failing to observe these signals often leads to accidents, regardless of the vehicle’s size or weight.
Failure to Give Way to Other Motorists
Drivers yield in various situations, such as:
- When making turns
- At yield signs
- At specific intersections
- When merging onto highways
Truckers who do not give way can cause truck accidents.
Improper Turning or Passing
Driving a large truck with a long trailer safely while turning and passing requires care, proper training, and experience. Truck drivers must plan and execute wide turns carefully. They should check their no zones, give way to other vehicles, and swing wide enough to avoid hitting nearby cars. When truck drivers do not correctly handle these maneuvers, they often lead to serious or fatal accidents.
Errors at Intersections
Mistakes at intersections can cause severe accidents. These errors often occur at junctions and intersections with signs. However, they are more common at uncontrolled junctions with yield signs, no signs, or stop signs. Failing to signal the right of way and disregarding traffic signs are common mistakes that lead to accidents.
Tailgating
Trucks require much more time and distance to stop than other vehicles. These trucks can weigh 35,000 pounds without cargo and up to 80,000 pounds when loaded. When truck drivers follow too closely behind the vehicles in front, they do not consider this. If traffic suddenly stops, a rear-end crash can cause severe damage to other automobiles and injuries to their inhabitants.
Even if a car cuts in front of a large truck, the driver should slow down to maintain a safe distance. This helps prevent accidents.
Unsafe Change of Lanes
Making unsafe lane changes on busy highways can easily cause accidents. When switching lanes, it is crucial to check your blind spots and yield to other motorists already in that lane.
Truckers must ensure the other lane is clear before moving into it. They usually do this by signaling, checking the new lane, looking at their blind spots again, and only joining when they know it is safe.
Unsafe Speed
Truck drivers should pay attention to speed limits while driving large commercial trucks. They should adhere to the speed limits and set their speed according to the road conditions. Driving at high speeds can cause loss of control, potentially resulting in a jackknife or rollover.
Truck drivers should know areas with lower speed limits for trucks. For example, while the speed limit for passenger vehicles might be 70 miles per hour, commercial trucks might be restricted to 60 miles per hour in those areas.
Driver Fatigue
This is a major concern in the trucking industry, which is why the FMCSA Hours of Service Regulations were established. These rules limit how long truck drivers can be on the road before they need to take a break.
Even with these rules, fatigue can still be an issue. Even if drivers follow the hours of service rules, they might still be drowsy and at risk of falling asleep while driving. Things like being sick, not getting enough sleep, taking certain drugs, or sleep apnea can make a driver feel sleepy and increase the chances of an accident.
Drugged Driving
Driving under the influence of drugs is as risky as drunk driving. Both prescription and illegal drugs can impair a driver’s reaction times, judgment, and overall driving ability.
In recent years, more commercial truck drivers have tested positive for substances like marijuana and cocaine. In 2021, 19.7% of drivers were found ineligible to drive due to drug use, which likely helped prevent many fatal collisions.
Drunk Driving
Driving under the influence of alcohol significantly impairs a driver’s:
- Reaction times
- Decision-making abilities
- Judgment
Despite this, some drivers still choose to drive after drinking. In California, truck drivers face stricter blood-alcohol concentration (BAC) limits. In California, a truck driver with a BAC of over 0.04 percent is considered to be driving under the influence. Testing for alcohol and drugs is required after any truck accident.
Distracted Driving
FMCSA reports show that 2% of accidents happen when the driver does something other than driving. Texting, changing a radio station, or reading billboards can lead to dangerous distractions. Sometimes, drivers can become so lost in their thoughts that they lose focus on the road.
Staying alert on the road is very important for truck drivers. Distracted driving accidents involving passenger cars can be catastrophic. When large, heavy trucks are involved, the risk to many lives increases. Even a brief lapse in attention can mean missing traffic changes or obstacles that suddenly appear.
Negligence From Other Parties
Truck accidents can occur due to mistakes made by others, even if they are not driving the truck at the time of the accident. The companies or at-fault drivers’ employers can be held responsible for the accidents based on the legal principle of the respondeat superior.
Sometimes, trucking companies may be directly responsible for an accident. This can happen for reasons such as:
Unrealistic Schedule
Trucking companies need to set practical delivery programs for their truck drivers. A schedule that demands too many stops or a long distance in a short timeframe can create serious problems. Some of the issues could include the following:
- Drivers might violate the driving hours rule
- Loading teams might take shortcuts
- Drivers might take unnecessary risks
Some trucking companies do not allow drivers to question the set routes or unrealistic schedules. If the company sets these timetables and sends out the trucks, it is usually responsible for any accident that happens as a result.
Visual Obstruction
When truck drivers transport an oversized load, they might need help checking around the cargo or handling tasks like checking if the load can pass through assigned routes. To help with this, they need a crew.
This crew’s job is to inform the truck driver, alert other drivers about the oversized load, and manage the route. Trucking companies must provide a crew member if the trucker cannot safely operate the truck without their help.
Unsecured Loads
If cargo is not secured properly, it can pose serious risks to everyone on the road. It might:
- Spill out on the road
- Block the road
- Lead to traffic accidents
- Hit other vehicles
Even if the cargo stays inside the trailer, it can shift and affect the truck’s balance. It can also increase the chance of tipping over, especially when turning or changing lanes.
Depending on the details of the accident, the trucking company, warehouse, or distribution center might be responsible for an accident caused by unsecured cargo.
Oversized Loads
A trucking company sometimes allows its drivers to transport oversized loads with permits. Sometimes, the load might be wider than the truck, occupying two or more lanes. When this happens, there are more issues than just visual obstructions.
Transporting oversized cargo requires special attention. Trucking companies should follow many rules and ensure their drivers know them. The risk of accidents increases if the company does not follow these guidelines.
Poorly Planned Roads and Routes
Commercial trucks are only suitable for certain roads. Twisty roads, low overpasses, and narrow lanes present significant challenges. When truck drivers follow poorly planned road routes, they might become stuck, jackknifed, or create serious traffic problems while trying to navigate. Trucking companies must plan routes carefully to avoid frustrating drivers and reduce the risk of accidents for other road users.
Poorly Screened Truckers
Trucking companies should thoroughly check their drivers using the Pre-Employment Screening Program. The program is designed to ensure that only qualified drivers are on the road, which helps reduce accidents and keeps everyone safer. Operating a large truck safely involves more than just having a valid CDL.
Sometimes, understaffed or overworked companies skip careful screening. They might hire motorists with a history of alcohol or drug abuse, poor driving records, or other serious issues. This is considered negligent hiring.
If a company finds out about rule violations and still keeps using the driver, this is called negligent retention. In either case, the trucking company is likely responsible for any crash the trucker causes.
Compliance Violations
This occurs when rules or regulations meant to ensure safe driving are ignored. Some of the common serious violations include:
- Driving with a revoked or suspended CDL
- Not undertaking a drug and alcohol testing program
- Not conducting random drug and alcohol tests
- Having several CDLs
- Failing to perform random drug and alcohol testing
A trucking company is normally held accountable for major compliance cases involving trucks, drivers, or overall operations. Suppose an accident happens due to a compliance problem, such as a company employing a driver under the influence because the company did not conduct necessary tests. In that case, the company will be held accountable.
Compensation For Damages in a California Truck Accident
If you are injured in a truck accident, you can seek compensation for economic and non-economic damages. These cover the following:
- Pain and suffering
- Lost wages
- Loss of future earnings
- Emotional distress
- Property damage
- Loss of companionship
- Medical expenses
Your truck accident attorney will use the evidence collected to determine the value of your injury claim. Most personal injury cases are settled out of court as your lawyer negotiates a fair settlement for you.
If negotiations are unsatisfactory, your lawyer will prepare your case for trial and present it before a judge or jury.
The Statute of Limitations for California Truck Accident Lawsuits
Under California law, you have two years to file a truck accident claim. This two-year period starts from the day of the accident. You can bring a claim against truck drivers or others responsible for the crash during this time.
However, if the responsible party is a government agency, you usually have only six months to file your claim. It is wise to consult a personal injury lawyer quickly to ensure you meet these deadlines and follow the law correctly.
These time limits are strictly enforced. If you do not file your claim within the specified time, you will likely lose your chance to receive compensation.
Frequently Asked Questions About California Truck Accidents
The following are some common questions about truck accidents.
Who Will Be Responsible for My Semi-Truck Accident?
A detailed investigation is needed to determine who is responsible for your truck accident. One or more parties may be liable for your injuries and losses. The following parties could be held accountable:
- The truck driver
- The trucking company
- The owner of the truck
- The cargo shipper or loader
- The manufacturer of the truck or its parts
- The party responsible for maintaining the truck
- Government contractors
Truck accidents can be very complex, and it is difficult to handle them alone. Any third-party vendor involved might also be responsible if their negligence contributed to the accident. If the investigation finds multiple parties at fault, your lawyer can work to have the maximum compensation for your accident.
What If I Was Partially at fault?
If you were partially responsible for the truck accident, you could still be entitled to compensation for your injuries and losses. Most states apply what is known as the comparative negligence rule. Under this rule, an accident victim may be awarded for damages. However, the amount can be reduced based on your share of fault relating to the actions that caused or contributed to the accident.
Should I Consult With the Insurance Provider?
If you are involved in a crash with a large commercial truck, avoid talking to the insurance representative or any lawyer from the company that employs the truck driver. These individuals do not have your best interests at heart and will try to collect evidence and present the situation in a way that disadvantages you. It is best to consult with a lawyer before making any statements to the insurance company or anyone from the trucking company.
How Long Will A Truck Accident Case Take?
The time it takes to resolve a case depends on the issues involved. Some cases are simple and can be settled quickly, while others are more complex and take longer. Because of this, there is no set amount of time for resolving a truck accident case.
How fast your case moves also depends on how active you are. If you file your personal injury claim promptly and gather all necessary evidence quickly, your case will likely progress faster. However, if you delay in filing your claim or collecting evidence, it will take longer to resolve.
To help speed up your case, collect all required evidence as soon as possible and file your claim on time. Your actions can significantly affect how quickly your case is resolved.
Find a California Truck Accident Lawyer Near Me
To recover compensation for your injuries, you need a lawyer who knows truck accident laws and has experience handling similar cases. We at Truck Accident Injury Attorney Law Firm are dedicated to helping you. We handle each case carefully and work hard to secure the compensation you deserve. Call us today at 888-511-3139 to schedule your free consultation with an experienced truck accident lawyer who has successfully secured millions in client verdicts and settlements.