Ways to Preserve Evidence after a Truck Accident

Truck Accident
Truck Accident Law

In any accident cases, the preserving of evidence is very important in determining the success of the lawsuit. The same is the case with truck accidents. The collection of evidence after a truck accident is significant because it will help in determining the liability and calculating the extent of loss suffered by a victim. In the majority of the truck accident cases, the evidence must be collected soon after the accident.

The truck accident lawsuits are very complicated, and it will take many months to finally conclude the matter. However, the collection of evidence must be started as early as possible because there is a high chance for the evidence to be lost or to be destroyed purposefully by the opposite party. The preserving of the evidence will largely determine the strength of your claim.

Here are some important ways in which you can preserve evidence after you suffer injuries in a truck accident. If you are planning to make a personal injury claim in the future, keep these things in your mind.

Get Proper Medical Care

You need to seek medical help without hesitation because the documentation of the medical help you receive after the accident will help determine the severity of the injuries you suffered from the truck crash. Make sure that you preserve the medical records for future reference.

Get a Copy of the Accident Report Made by the Police

The police report will contain all the necessary information regarding the truck accident. This includes the details and statements of those who witnessed the accident and several other crucial information. Make sure you request a copy of the police report.

Make Use of Spoliation Letters

These are the official letters that you can write to a certain party, asking them to retain certain evidence that is with them. They may otherwise not be responsible to keep the evidence intact. Sending spoliation letters can assure that the evidence remains protected.

Visit the Accident Spot Again

There might be some evidence at the accident spot, which you might have overlooked before. Visiting the scene again will help you to find them and preserve them for later use. There might be some tire marks on the road or a CCTV camera nearby which may all turn out to be crucial evidence in the crash.

Along with these, keep the pictures of the accident scene in different angles to have a clear view of the crash later. Consult a truck accident attorney to know more about the collection and preserving of evidence after a truck accident.

Common Causes of Truck Accidents in California and Ways to Avoid Them

Truck Accident
Truck Accident Law

Large truck accidents are some of the most dangerous and devastating of all motor vehicle accidents. The magnitude and load carried by these vehicles put all those involved in danger of suffering severe injuries. In the state of California, large truck accidents are responsible for 3.4% of injury-causing accidents. Note that they make up 9.7% of all fatal motor vehicle accidents. Below is a discussion on the common causes of truck accidents in California and a few tips to avoid them while on the road.

Prominent Reasons of Truck Accidents in Los Angeles County

Even though these accidents occur due to several reasons, a chief cause is behind all the major accidents of the kind where the truck driver was the accused: driving at an unsafe speed

Across the years, a considerable amount of accidents were caused by over speeding trucks. It is important to note that traveling at an unusually high speed does not equate to going above the allowed speed limit. For instance, the truck driver might have caused the accident by driving unsafely through unfavorable weather conditions like wet surfaces, low-visibility regions, or with ice or snow on the road.

A Few More California Truck Accident Causes

Other usual causes for California truck accident fatalities and injuries where the driver is at fault include the following:

• Inappropriate Turning

• Dangerous and unexpected Lane Change

• Automobile Right-of-Way

• Errors in Traffic Signals or Signs

• Hazardous way of Starting or Backing

• Driving Too Close to other vehicles

• Driving along the wrong side of the road

• Operating under the influence

• Pedestrians Right-of-Way.

Further, truck accidents may also result from equipment failures such as improper passing, falling asleep while driving, hazardous parking, or issues with lights and brakes. Though these are associated with the truck driver, it could happen to anyone driving the opposing vehicles.

Tips To Avoid Truck Accidents in Los Angeles

Generally, all safe driving principles help stay safe during drives. Besides, every driver has to:

• Obey the traffic safety laws strictly, such as traffic signals and speed limits

• Keep away distractions and maintain focus on the road and the surroundings

• Never drive under the influence of alcohol or drugs

• Ensure adequate sleep and rest—fatigue makes drivers equivalent to drunk drivers

Above are some of the main reasons behind the Truck Accidents in the state. Make sure you follow the safety tips strictly for a safe drive.

The Link between Poor Driver Training and a Truck Accident

Los Angeles Truck Accident Attorney
Truck Accident Attorneys

Operating a commercial truck safely takes more than just hours of practice and a short class. A truck driver should be able to deal with different types of trucks and brakes, transmissions, and other complex systems of these vehicles.

Truck drivers also require specialized training which will equip them to deal with poor weather conditions, narrow turns, blown tires, and congested traffic.

Without proper training on handling various kinds of commercial trucks and systems, as well as dangerous situations, an inexperienced driver is likelier to cause an accident.

Better-trained and more experienced truck drivers can better evade an accident, or reduce the consequences of one by a great extent.

Poor Training Will Bring about Truck Accidents

There is a reason nobody wants a 14-year-old driving a sports car without any sort of experience. He or she has not been given training, and that car has plenty of muscle. As you would expect, a lot can go wrong if an inexperienced person drives it.

The same notion applies to a truck driver. A person who has minimal training and little to no experience is likelier to cause a truck accident.

If an inexperienced person takes the wheel, then a countless number of things can go wrong. A few of these things include the following.

  • Stopping too late or not slowing down
  • Improper braking which causes jackknifing or sliding
  • Breaching hours of service (HoS) regulations
  • Drowsy driving

The Trucking Firm Could Also Be Legally Responsible

All trucking companies are liable for recruiting and keeping competent and qualified drivers. Trucking companies sending their workers onto the roadway are responsible for the latter’s actions and consequences of these actions at the end of the day.

It is the company’s responsibility to do proper research when it hires new drivers to ensure everyone has a commercial driver’s license, adequate training, and any necessary endorsements.

All those elements are essential to make sure every driver is actually competent and technically qualified to operate a commercial truck.

New recruits who have just learned the basics of driving will need further training before they are able to hit the road.

What to Do after a Truck Accident Involving an Inexperienced Driver

After an accident, the first thing one should do is getting their injuries documented and treated. Then, they have to get in touch with an experienced and skilled truck accident attorney.

In the event you hire a lawyer right after your truck accident, the professional can quickly look into the accident’s cause and find out whether inadequate training was the cause of the accident.

Everything you Need to Know about Commercial Truck Accidents

Truck Accident Attorney
Commercial Truck Accidents

The number of large commercial trucks rolling on the roadways of the United States is increasing with every passing year. Sadly, the statistics of the accidents in which these trucks, 18 wheelers, trailers, etc., are involved are also the same.

Unlike olden days, most people tend to rely on several online stores to purchase different products. This as well contributed to the upsurge of commercial trucks on the roadways. Some significant points that you must know about commercial truck accidents are given below. This will surely help you in case you have to deal with such accidents or to consult a truck accident attorney.

The Common Causes of Commercial Truck Accidents

One of the main causes of truck accidents is fatigue. Without any doubts, a tired driver is likely to be as fatal as a drunken driver. Note that the long-distance driving and lack of proper rest are the main reasons that tend to make truck drivers tired. After all, most of these drivers will be rushing to meet the time requirements set by their employers. In such cases, the employers as well are held liable for truck accidents.

Another cause of truck accidents is overloading. In such cases, the chances for rear-end collisions are extremely high. Similarly, improper loading as well can result in fatal truck accidents. Note that overloading truck in an unstable way can make the vehicle lose balance on the way and may result in collisions, especially fatal rollover accidents. Undoubtedly, truck accidents are one of the main reasons for wrongful death cases.

Furthermore, the insurance coverage for truck accidents is way more than car accidents or any other road accidents. However, having a credible and reliable truck wreck lawyer on your side is significant to prove the liability and obtain fair monetary compensation.

Steps to Take after a Truck Accident

The first step you must consider after a truck accident is to seek immediate medical assistance irrespective of the severity of your injuries. Then, consult a well-versed truck accident attorney and file a lawsuit against the opposite party to claim your damages. You can either settle the matter out of court or may take it to trials. Usually, most truck owners prefer the former option.

However, you will have to file the lawsuit within the set time known as the statute of limitations. Otherwise, you will be eternally barred from bringing your case to the court and fighting for your rights. Additionally, make sure to consult an experienced attorney for better results.

Most Common Defective Parts of a Truck Which Cause Accidents

Truck Accident
Truck Wreck Lawyer

The negligence of drivers is the common cause of truck accidents. However, a large number of commercial truck accidents happen due to defective parts.

Brake Systems and Brakes

Brakes are an important part of a truck, used for transporting goods. Air brake systems make and maintain the compressed air which transmits pressure to brakes, which potentially helps stop a truck fast. If an emergency comes about and a truck has to brake suddenly, working brakes help prevent an accident.

Brakes can be damaged due to the way these were made. In other situations, issues with brakes can be the consequence of poor maintenance. Frequent brake inspections help spot any issues with a truck’s air brake systems, like issues with brake lines or brake hoses. Drum brakes have to be checked for overheating or cracks.

There are usually warning signs when a vehicle’s brake system is being compromised, like screeching sounds, dash lights, fluid on the surface, and vibrations. If these signs were ignored, then the driver, the company that employs them, or the entity which serviced the vehicle could be held responsible for resulting injuries.

Fuel Tanks

Some trucks have side-saddled tanks, despite the fact that having one in that position is risky. In the case a fuel tank is hit in an accident, an explosion or fire may arise. If you were injured in an accident due to that collision, then your truck wreck lawyer might just be able to find out the source of that fire and whether the location of the tank also contributed to the incident.

Rear Underride Guards

These parts keep passenger automobiles from sliding below the truck if a rear-end collision takes place. If the guards of a truck do not conform to the minimum standards, then severe injuries or deaths may arise if a passenger auto collides into the back side of that truck.

Windshield Wipers

These wipers are required to clear the front window of a truck of raindrops and other obstructions to vision. If these are not in working order, then the driver of that truck may not see autos or other dangers on the roadway while driving through a heavy downpour or some other inclement weather.

Tires

Another common reason for a truck accident is a blowout. Tire blowouts can happen when these parts are not inflated as they should be or are worn down. Tires can wear quickly when these are not maintained in the proper way, which makes handling the vehicle more tricky for the driver.

Most of these issues can be avoided in an effective way by careful check of the air pressure, tread depth and tread separation of tires. Inspections have to also assess these parts for cuts and cracks.

Truck Lane Restrictions in California

Truck Accident
Common Traffic Restrictions

Driving trucks in the same lane as of the smaller vehicles can prove to be very dangerous. Many of the truck accidents that happen on the highways are because of this reason. When the truck drivers drive their vehicle along with the cars and other small vehicles, on the same lane of the road, there is a high chance for the smaller vehicle to go unnoticed and the trucks may end up crushing them. To avoid this kind of fatalities, the government has put some restrictions on truck drivers, which specifies the lanes on which the truck is supposed to be driven.

The Problem on the Left Lane

The left lane on the highway is meant only for the vehicles that are passing. Many times one can see that trucks and other slower moving vehicles travel on the left lane. This can be very dangerous and troublesome to other vehicles traveling on the left lane. There can be times in which you get frustrated while driving your car on the left lane, because of the trucks, which disturb your journey.

In many cases, accidents happen in the left lane because the vehicles step out of the left lane to avoid or overtake the trucks and other slower moving vehicles. The lane regulations for trucks and other slower moving vehicles are intended to stop such kind of accidents.

Truck Regulations in California

The California Vehicle Code makes clear the restrictions that are abiding on different vehicles while they are driven on the highways. These restrictions are necessary because many vehicles are travelling on the busy highway roads of California. According to the restrictions, large trucks and trailers with three or more axles, vehicles towing other vehicles, etc., are required to be driven only at a speed of 55 miles per hour on the highways.

Truck Lane Restrictions

There are also limitations on the lanes in which the large trucks are supposed to travel. The speed variations of the vehicles on the roads can be the main reason for accidents to happen. When the vehicles suddenly apply brakes and slow down, the vehicle in the front or the back may lose control and may crash into each other. Such accidents happen very often and can be avoided if there is a speed limit applied for the vehicles. The sudden lane change of vehicles can also cause accidents, more so in the case of trucks.

Because of this reason, on many Californian roads, the right lane of the highway is reserved for trucks and other slower moving vehicles. The number of lanes on a highway can differ in different places. Therefore, the number of lanes reserved for the larger vehicles will also depend on the total number of lanes in a highway.

The rules say that if there are three or less than three lanes in one direction of the highway, the trucks, and other larger vehicles are to use the lane to the extreme right side. On the other hand, if there are four or more lanes in one direction, the two right side lanes are reserved for the trucks. It also requires that all slow-moving vehicles regardless of their size should use only the right side lane.

Truck-Only Lanes

There are some roads like Interstate 5 in California where there are special lanes called “truck only lanes” for the trucks, to avoid traffic problems and accidents. There are not many states with the truck-only lanes. California is so special in that. While the smaller vehicles are discouraged from traveling on the truck only lanes, they are not prohibited to do so.

Where they exist, the trucks are supposed to travel only on the truck only lanes. There are black and white signs, which denote the beginning and end of the truck only lanes. The truckers must obey these signs strictly. The failure to follow these signs may end up in fines. There are also large green signs that are intended to discourage other drivers from using the truck only lanes. However, it is not very strict and it is not legally wrong for them to travel on the truck only lanes. It is a fact that driving normal vehicles in a truck-only lane is unsafe and risky.

The lane restriction applies to any kind of trucks or trailers and also for all vehicles towing some other vehicle.

Truck Law Enforcement

The California Highway Patrol has to ensure that the truck drivers follow the lane restrictions on the highways in the state. They work for the efficient and safe usage of commercial vehicles. You can see them on duty on the highways. The large vehicles that violate the speed limits and those which are traveling on the wrong lane will be fined and ticketed.

If you are injured in a truck accident, get the help of an experienced truck accident attorney at the earliest. You can thus know if you have grounds to go for a personal injury lawsuit.

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.