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Truck Accident
Truck Accident Attorneys
PROTECTING THE INJURED FOR OVER 30 YEARS
HAVE YOU BEEN INJURED IN A BIG-RIG TRUCK ACCIDENT?
A fully loaded Big-Rig truck can weigh more than 80,000 pounds. In contrast, a typical automobile weighs about 4,000 pounds. When these trucks collide with other vehicles, the result is almost always tragic. Although truck drivers are trained professionals, they are often under unreasonable burdens to get from destination to destination. When these professionals cut corners, innocent people can be harmed or even killed as a result. Big-Rig Truck accidents can be the result of various conditions involving the operation of a large capacity vehicle. The following issues have appeared numerous times:
- High winds blowing the trailer over
- Big-Rig Tanker Truck blow outs
- Big-Rig Truck or Trailer brake pedal malfunctions
- Disc Brake, Drum Brake, Hand Brake, Foot Brake, Power Assisted Brake malfunctions
- Improper and unbalanced load or escaping debris from trailers
- Nighttime visibility obstructions
- Improper Maintenance of Roads
If you have been involved in an accident with a big-rig truck, you need experienced legal representation. On the surface, it may seem that truck accidents are similar to automobile accidents. Nothing can be further from the truth. Truck accidents are, in fact, far more complex than car accidents in a number of ways. For example, in every truck accident there are a number of parties that potentially share responsibility. The owner of the truck cab and the owner of the trailer may be different. The company responsible for loading the trailer may be yet another separate responsible company.
Another issue that makes truck accidents substantially different from automobile accidents is the insurance coverage. Most trucks are required by federal law to carry a minimum of $750,000 in liability coverage. Trucks that carry hazardous substances are required to carry far more and may have $1,000,000.00 or higher with an umbrella policy. With this much at stake, you can be certain that these companies will fight resolutely to prevent such a significant financial loss to them.
When you are the victim of a serious truck accident, your chances of receiving compensation increase with a proper experienced law firm handling your case. The investigation team must be aggressive in discovering all of the possible negligence that resulted in your injuries and damages. Several investigations involve violations of regulations that these companies must comply with such as DOT Regulations, Federal Motor Carrier Safety Regulations, (FMCSR) and California Code of Regulations. These investigations should be done immediately while the evidence can still be gathered. Time is a critical factor and any delay can have serious consequences on the ability to acquire evidence that could “make or break” your case. The sooner our licensed investigation team is working on your behalf, the higher the chances that evidence will be available for your case.
The Rosenberg Law Firm will fully investigate the circumstances of your motor vehicle accident in order to find out if it is a comparative case or if someone is specifically at fault. We have the resources and relationships with respected government agencies, experts and investigators to identify the responsible party. The maximizing of compensation in a case where a truck has been involved requires different proficiency and aptitude than a regular automobile accident case. After over 30 years of representing clients in California, New York, and Florida, the Alex Rosenberg has developed a keen sense of investigation and proficiency in acquiring the highest possible monetary outcome for our clients.
Contact Rosenberg Law, P.C. if you or a loved one has been involved in a truck accident, so that you can enjoy the peace of mind that over 30 years of knowledge, experience, and trustworthiness is working on your behalf.
The term “truck” is not limited to big-rig tanker trucks, tractor-trailers, or tanker trucks. Other designations for the term “truck” are delivery trucks, garbage trucks, RV’s and other vehicles which may require special understanding for a maximum settlement or victory at trial.
Frequently Asked Questions About California Truck Accident Claims
Truck accident cases differ from car accident cases in three major ways. First, commercial trucks are governed by Federal Motor Carrier Safety Regulations (FMCSR) in addition to California state law, creating additional grounds for liability. Second, multiple parties may be liable — the driver, the trucking company, the cargo loader, the maintenance provider, and the truck manufacturer. Third, commercial trucks are required to carry minimum $750,000 in liability insurance under 49 CFR §387.9, with many carriers holding policies of $1 million or more. These differences make truck accident cases more complex but also typically higher in potential recovery.
Multiple parties may share liability in a commercial truck accident. The truck driver is liable for their own negligence. The trucking company can be liable under respondeat superior for the driver’s actions during employment, and directly liable for negligent hiring, training, supervision, or unsafe scheduling. Cargo loaders may be liable if improperly secured cargo caused the accident. Maintenance providers can be liable for mechanical failures. Truck and parts manufacturers may be liable under product liability if defective equipment contributed. Identifying every responsible party requires immediate investigation.
Commercial truck drivers and carriers are regulated by the Federal Motor Carrier Safety Regulations (FMCSR) in addition to California law. Key regulations include Hours of Service rules under 49 CFR Part 395 limiting drivers to 11 hours of driving in a 14-hour window, mandatory Electronic Logging Devices (ELDs) under 49 CFR §395.8, drug and alcohol testing requirements, driver qualification standards, and vehicle maintenance and inspection requirements. Violations of these regulations are often direct evidence of negligence in truck accident cases.
Truck accident cases require evidence that can disappear within days if not preserved. Critical evidence includes the truck’s Electronic Logging Device (ELD) data showing driver hours, the engine control module (“black box”) recording speed and braking, dashcam and onboard camera footage, driver qualification files, maintenance and inspection records, post-accident drug and alcohol test results, dispatch records and bills of lading, and the federally-required driver’s logbook. Your attorney should send a spoliation letter to the trucking company immediately to legally require preservation of this evidence.
Truck accident settlements are generally larger than car accident settlements because commercial trucks carry higher mandatory insurance — a $750,000 federal minimum under 49 CFR §387.9, with most carriers holding $1 million or more, and hazmat or oversized loads often requiring $5 million policies. Cases involving catastrophic injuries, permanent disability, or wrongful death frequently resolve in seven and eight figures. Final value depends on injury severity, medical costs, lost income, future care needs, available insurance, and the degree of regulatory violations. Each case is valued individually.