Understanding Semi-Truck and Freightliner Accidents in Santa Clarita California 

When a semi-truck, freightliner, tractor-trailer, or boom utility truck collides with a passenger vehicle in California, disaster follows. It is among the deadliest types of auto accidents in the United States. The reason is simple: the sheer size of the truck (and its potential contents) versus a passenger vehicle. The average truck with a fully loaded trailer can weigh up to 80,000 pounds while the average passenger vehicle's weight ranges between 4,000 to 5,000 pounds. If you or someone you love has been injured or killed in a truck accident, receiving fair and just compensation may be your only recourse for physical, mental, and emotional recovery.

Accidents involving 18-wheelers or commercial trucks are different from accidents involving only passenger vehicles. There's a lot more involved. The truck driver isn't the only one who may be liable. There are federal regulations to consider alongside state laws. The mechanics involved in the truck, too, are quite different and may be relevant, making truck accident cases more complex.

The problem is this: an insurance company may not settle for what's fair. You may need to file a personal injury claim.

Common Causes of Truck Accidents

Accidents involving semi-trucks or another type of commercial truck are caused for any number of reasons. 

Some of the most common include:

  • Distracted driving
  • Excessive speed
  • Drunk or drugged driving
  • Driving in high winds
  • Unsafe lane changes
  • Inadequate training
  • Inexperience
  • Excessive fatigue
  • Defective truck parts
  • Poor truck maintenance
  • Shifting cargo inside the trailer
  • Poorly fastened cargo on a flatbed trailer

How do Federal Regulations Impact California Truck Accident Lawsuits?

Every driver on the road is required to follow the rules of the road of the jurisdiction in which they drive. However, because of the amount of time they spend on the road and the potential devastating consequences that can occur if things go wrong, truck drivers are subject to an additional level of regulations. These regulations are created by the Federal Motor Carrier Safety Administration (FMCSA), the federal agency tasked with providing safety oversight for commercial motor vehicles in the United States.

FMCSA regulations touch on nearly every aspect of the trucking business, all with the ultimate goal of keeping the roads safe. Some of these regulations are focused on truck drivers, including special licenses that truck drivers need to acquire and limits on the amount of hours that they can spend on the road. Other regulations are focused on the trucks themselves, such as requirements that trucks undergo regular inspection and maintenance.

Why Does it Matter if an FMCSA Rule was Violated in California? 

A violation of an FMCSA rule can indicate liability, and that is important to win a personal injury or wrongful death claim in California. FMCSA regulations introduce a whole new level of complication to truck accidents. A truck accident attorney can more clearly identify what those might be in your specific case, but some ways they could impact a potential case are discussed below.

Experts

Because FMCSA regulations introduce a whole new set of rules into the equation, identifying potential violations requires another level of expertise. It can also be more complicated to accurately model and represent a truck accident than a typical car accident. Because of this, FMCSA cases can often necessitate partnering with specialized experts. At Garcia Preciado Law, we have the connections you need with a variety of specialized truck safety experts. Together, our teams will zealously advocate for you. 

Negligence Per Se

Most car accident cases involve proving that the other driver was driving negligently at the time of the accident. Traditionally, this requires proving the legal elements of duty, breach, causation, and damages, which an attorney can explain in more detail. However, there is another legal concept known as negligence per se.

Negligence per se can almost be thought of as a shortcut to negligence. It can be invoked if the truck driver was violating a statute or regulation while they were driving. FMCSA regulations introduce a new potential source of liability to establish a negligence per se case.

Trucking Companies

Truck accidents are also distinct from most car accidents in that truck drivers are usually employees of trucking companies. These companies have a responsibility to make sure that their drivers are trained and adhere to FMCSA regulations. This means that trucking companies are potential sources of compensation after an accident. Accordingly, trucking companies can be held liable for negligent hiring or retention of a driver.

To comply with these regulations, employers:

  • Must administer road tests.
  • Must check the driving record of an applicant for the past three years.
  • Must perform a background check.
  • May need to require the truck driver to pass a drug screen and conduct random drug tests.
  • Must conduct annual reviews of its drivers.

Failure to perform any of these duties may result in a claim against the trucking company.

Why Hire a Truck Accident Attorney?

Simply put, hiring an experienced truck accident attorney after your accident gives you the best possible chance of ending up with a good outcome in a very bad situation. Numerous parties may be liable for your injuries, and an experienced attorney from Garcia Preciado Law will be able to identify those parties and determine how best to pursue compensation. The introduction of these other parties, as well as the complicated web of statutes and regulations, means that pursuing a claim requires a special level of experience.

At Garcia Preciado Law, our truck accident attorneys can help you file a strong, well-documented claim while advocating your rights and representing your best interests. Contact us today either online or at 661-495-0084 to schedule a FREE consultation.