Basic Trucker Responsibilities

Truck Accident
Truck Accident Attorney

Trucking accidents are very common in California especially on the highways where truck traffic is very high. In some of the accidents, the truckers can be held liable because of their negligence. It is necessary to know the basic responsibilities of a trucker so that, in case of a truck accident, it will be easy to identify if there was any breach in his responsibility, which led to the truck accident.

The commercial truck drivers have the responsibility the same as that of the other vehicle drivers, to drive safely on the road. However, the responsibilities of the truckers are higher than that of the other drivers. This is because the trucks are huge and can cause devastating effects if accidents happen because of them.

The California Commercial Driver Handbook lists all the key responsibilities of a truck driver. The truck driver is supposed to be medically fit for controlling the large vehicles. The driver must have a proper medical certificate before he gets the commercial driver license issued. This is to ensure that there is no possibility for any medical emergencies while driving the truck.

The truck drivers are responsible to keep a safe distance from other vehicles so that it will not crash into other vehicles while applying brakes. They are also responsible to abide by the speed limits of the particular roads on which they are traveling.

Driving in difficult weather conditions hold the truckers more responsible to ensure the safety of other vehicles on the road. The Handbook suggests ways to drive safe on the icy roads. When the climate is too hot, the drivers are responsible to be cautious to avoid blown tires that can otherwise pose a threat to vehicles.

Distracted driving is one major cause of truck accidents. The truck drivers are strictly prohibited from driving distractedly. They are not allowed to eat or use their phones while driving. Even if they want to operate the CB radio or the GPS, they are expected to pull to the roadside.

The truckers have the responsibility of maintaining their vehicle properly. They must ensure the proper working of the vehicle before they start each trip. They are to look if there is any fuel leak or an oil leak, which can be dangerous. The working of the brakes must be tested beforehand.

The truck driver needs to be more careful when he is transporting some hazardous materials on his truck. The negligent behavior of a truck driver can lead to fatalities on the road. If you have suffered injuries in a truck accident by the negligence of a truck driver, consult a truck accident attorney for help in your case.

The Benefits of Hiring a Truck Accident Attorney

Truck Wreck Lawyer
Truck Accident Attorney

The number of trucks rolling on the roadways of the United States of America is increasing with every passing year and so is the number of truck accidents. Unlike most other road accidents, truck accidents are often fatal and devastating. Mostly, this is because of the heavy load and the size of the trucks. In most cases, the life quality of the truck accident victims is likely to get affected badly when compared to other accidents that involve passenger vehicles.  So, hiring a truck accident attorney is significant to hold the person responsible for your loses as well as to obtain financial coverage for your damages. This is ideal to ensure a healthy settlement as well.

On top of that, the chances for multiple parties to be involved in truck accidents are high. Hence, legal proceedings can be a bit complicated. Usually, the truck driver, truck owner, employer, manufacturing company, government entities, etc., are held responsible for truck accidents. Hence, it is indispensable to rely on an efficient team who are specialized in truck accident cases. Furthermore, the rules and regulations in the trucking industry are somewhat different from that of other vehicles. If you are still skeptic about the same, below are some more reasons that favor the idea of hiring a truck accident attorney to represent your case in court.

Truck accident cases are more complicated

When compared to other motor vehicle accidents, truck accident cases are more complicated. Plus, it will be challenging to prove the liability in this case. As mentioned earlier, multiple parties likely to be involved in most truck accident cases. An experienced truck wreck lawyer will be able to easily assess the case and determine who is at fault. Plus, they will be able to litigate with the right parties and obtain the maximum monetary compensation that you are entitled to. Needless to mention, it will be really challenging to win the case if a government entity is involved in the case. For instance, you can sue the government if the accident is caused because of a faulty traffic signal of potholes. In such cases, having an experienced truck wreck lawyer on your side is really significant.

The right legal strategy

Choosing a specialized truck accident attorney will be the best option to get financial coverage for non-economical losses such as trauma, suffering, pain, mental distress, loss of companionship, etc. When it comes to personal injury lawyers, they are likely to concentrate solely on obtaining compensation for the injuries and property damages. The experts in the field will, however, employ the right legal strategy to achieve financial coverage for both economical and non-economical damages.

Tips to Keep Kids Safe from Backover Accidents

Truck Accident
Backover Accident Tips

During summer season or days with warm weather, kids go outside to shoot hoops, ride bikes, and play hide-and-seek on or near driveways. Children playing near to cars in motion can be dangerous. It only takes the impulse of a child or a lapse in supervision from your part for a backover to happen. This accident is preventable, provided that you follow guidelines to keep children safe.

What is a Backover?

It is an accident that occurs when a driver backs a vehicle into either a pedestrian or a cyclist when leaving a parking space or driveway. This kind of accident often happens at a relatively low speed and usually involves a kid. The reasons are obvious: kids are oblivious to the world around them, and even worse, elders fail to keep an eye on them. That said, drivers have to check mirrors and make sure that the road behind is free of any oncoming traffic, pedestrians, and/or any hazards.

While a driver may be at fault for the accident, you have to do the needful to make sure that your kids stay on their rightful place as a vehicle backs out of a driveway. While others may be at fault, as the saying goes “prevention is better than cure.”

What you Should Do to Prevent a Backover

As per KidsAndCars, the nationwide estimate for backovers is 61% a year. One kid is too many.Do not worry; with some amount of caution, you can avoid these accidents from happening. Here are ten tips to help keep your kids safe from a backing up pick-up truck accident or something similar to that.

  • Child Supervision

Keep a close eye on your children when they are whiling away time by playing where automobiles are present. A moment of distraction is enough to cause an accident.

  • Your Driveway Is No Playground

That said, if there is no vehicle parked on your driveway and kids are going there to play, then create a barrier between your driveway and the street. That way, vehicles cannot get into the driveway, as the area is separate from the road. Let your kids know they are allowed to play only in the area you have designated for that purpose.

  • Clean it Up

Ensure that your driveway is clear of sports and games items and toys at all times. Kids may not be all that tempted to run after an automobile to grab their stray toy.

  • Playing Around Vehicles

Instruct your kids not to play in or near autos, and lock your vehicle when it is not in use. Teach them that motorcycles, trucks, and cars are not toys. Kids should never be hiding beneath a car or in a truck bed at some point in a hide-and-seek game.

  • Hold Young Kids

If a vehicle is about to back out of a driveway, then hold your toddler or preschooler tight to keep him or her from running away from your grasp.

  • Old Kids can Go Stand at One Side

Tell older kids who pay good attention to everything to move away from your driveway and stand in a place where that backing out driver can spot them. Stress just how vital it is to not run after their friend or relative; if they urgently have to get the attention of the driver, then they can just jump up and down or wave their arms from a reasonably safe distance.

  • Be the First to Act

Assume kids may be around before you back up your car. Check to see if children are playing on the street when you approach your vehicle. Look below and walk around that auto to make sure kids or pets are not using it as a place to hide.

  • Blind Spots

When you drive a large SUV or a truck, blinds spots of these could just be bigger compared to smaller vehicles. No matter the size of a vehicle, look behind before you back up, and avoid relying only on mirrors.

  • Slow Down

After ensuring no one is behind you, back up your vehicle slowly. For better attention, be sure to turn off your vehicle’s radio, and roll its window down if you can do it. Be ready to stop your vehicle right away if a kid dashes behind it.

  • Backup Safety Systems

With an RVS (rearview video system), you can have a wide-angle view of all things behind your vehicle. Other safety systems feature motion sensors, which beep when there is something behind a car. This technology may enhance safety, but avoid relying only on backup safety system to prevent an accident. When a car is backing up, always be alert and follow the above suggestions.

The Importance Of Preserving The Black Box Data In Your Truck Accident Case

Truck Accident
Truck Accident Cases

Numerous people suffer injuries in truck accidents every year. The heavy weight of the truck and the heavy load that it carries will increase the impact of the accidents caused by the commercial trucks. Some truck accidents can turn out to be fatal. Most of the truck accidents happen because of the negligence of the truck driver, the trucking company, and the truck manufacturing company.

If you or your loved one has suffered injuries from a truck accident, it will be the responsibility of you and your truck accident attorney to prove the negligence of the concerned people. The black box data of the truck can prove to be of use in this situation.

Almost all the trucks manufactured in the U.S.A since the 1990s have an Electronic Control Module (ECM) attached to its engine. This is known commonly as the black box. This one is intended to record the details regarding the operation of the truck.  The ECM usually keeps the record of the functioning of the truck for 30 days. It records the details like speed, time driven, seat belt usage, idling time, etc.

It is very important for you and your attorney to collect the black box details of the truck following the truck accident. Though the ECM is meant to avoid the invalid warranty claims of the engine, it proves to be useful in case of truck accidents. It will be helpful to know if the data given by the truck driver and the trucking company is right or not.

The lawyer must try to get the black box data as early as possible because of the following reasons:

Time Limit Of The Data Recording

The data in the black box stays only for 30 days after which the data will be overwritten. Hence, it is necessary to get hold of the black box so that the required data will not be lost.

Destruction Of The Data

The trucking company will try to destroy the black box data soon after the accident so that no claim will come against them based on that recorded data. The collection of the required data must be done before they get a chance to do this.

Additional Information Needs To Be Preserved

In most of the cases, the trucking companies will keep an additional record of the delivery information using another cab electronic module. This data can also provide necessary details for the strength of your claim.

If you or your loved one has suffered damages from a truck accident, make sure that you get the black box data of the truck as early as possible with the help of your truck accident attorney.

Three Potential Pitfalls That Can Ruin Your Truck Accident Claim

Truck Accident Attorney
Truck Accident Claim

Truck crashes are likely to result in catastrophic injuries because of some obvious reasons. However, unlike other accident cases, it will not be that easy for you to find a truck accident attorney and file a lawsuit following a crash. In fact, filing a truck accident lawsuit is relatively complicated and there are many pitfalls that an unskilled person is likely to fall. While certain mistakes are likely to ruin your accident claim, some missteps in sharing or handling information can cause disputes with insurance companies. Three of those mistakes that you must avoid at any cost are listed below. 

Prompt medical care

Some people tend to avoid taking medical care following the truck crash, especially if they have mild injuries. However, insurance companies may find this step as a discrepancy in your accident claim regarding the severity and cause of your injuries. Hence, it is crucial to take medical assistance right after a truck crash irrespective of severity of your injury if you intend to move forward legally. Furthermore, some injuries that might seem simple at the beginning may become severe over time. Plus, you are likely to experience some symptoms related to the injuries only after a few days.

Police report

A police report is regarded as an important piece of evidence while evaluating your case. So, it is extremely important to call the police to the accident spot and document things on-site to get maximum benefits. Sadly, some victims tend to overlook this step. In that case, it will be challenging for your truck accident lawyer to prove the opposite party’s fault and your injuries are resulted from the truck crash. Note that the points such as the cause of crash determination and investigation notes will be documented in police reports.

Pictures and videos

Another sound piece of evidence that can yield maximum compensation for your truck accident case is the photos and videos taken at the crash scene. It is not necessary that the victim must capture the photos and videos. In fact, the victim would be badly injured at times and may not be in a condition to do this. In that case, anyone can click the pictures and videos on your behalf. Make sure that these pieces of evidence are perfect to prove the negligence of the truck driver and the cause of the crash. Take the photographs of your injuries as well. Sometimes, witnesses would have taken the videos or photos of the accident. Hence, it is necessary to obtain their contact information. Better, document it in the police report.

Important Points to Consider Before Hiring a Truck Accident Attorney

Truck Accident Attorney
Truck Accident Law

If you have ever been injured in a truck crash, you would have probably suffered a lot of pain, mental distress, and frustration. At the same time, you would also think about filing a truck accident claim and hold the person liable for your condition. Even though this will not make things back to normal, you can obtain financial coverage for your damages. Note that unlike other road accidents, truck accidents often result in catastrophic injuries such as brain damage, spinal injury, compound fracture, etc. Needless to mention, this will pose a negative impact on your profession and, thereby, your daily wages. By hiring a credible truck accident attorney, you can obtain financial compensation for all your suffering, pain, loss of income, medical expenses, mental trauma, etc. However, since there are several truck accident lawyers in the field, you are likely to get confused when it comes to choosing one. Some of the factors that you must consider while choosing one are listed below.

Is your advocate specialized in the truck accident field?

The main thing that you must notice is to hire a truck wreck lawyer who is specialized in the field rather than a personal injury lawyer. Note that there are many rules and regulations in the truck industry that can be easily assessed by an advocate who deals with similar cases every day. Moreover, it will be really challenging to obtain monetary coverage for your damages in truck accident cases since multiple parties are likely to be involved in a case. So, you must never compromise while choosing your truck wreck lawyer.

The expertise of the truck accident attorney

The prime consideration you must give while choosing a truck accident attorney is their experience. It is to be noted that a well-versed advocate can easily assess even a complicated case and obtain the maximum compensation that a victim is entitled to. Some of the important points you must note in this case include;

  • The years of experience in the truck accident field
  • Does your lawyer handle cases other than truck accidents?
  • The track record of your attorney in dealing with similar cases and their success rate

The attorney fee

Another factor that you must consider is the fee imposed by your truck wreck lawyer for their service. It will be better to consider a lawyer who works on a contingency fee basis. That is, you will have to pay them a percentage of your settlement as you get it.  In other words, you will have to pay your truck accident attorney only if you win the case. Furthermore, you may try to negotiate and trim down the contingency fee percentage. Plus, make sure that you will get at least 75% of the overall settlement amount after all other expenses including your attorney fee.