Improperly Loaded Cargo
Truck accidents involving 18-wheelers, big rigs, semi-trucks, and tractor-trailers can be caused by a number of factors. Below, we have outlined a few of the most common causes of truck accidents.
Improperly loaded, unsecured, oversized, or overloaded cargo can create a dangerous situation for all drivers who are on the road, especially if the truck is traveling at typical highway speeds.
Improperly loaded cargo can be:
- Partially loaded: Trucks that are partially loaded with liquids can slosh back and forth. This upsets the vehicle’s center of gravity and makes the truck more susceptible to rollover accidents.
- Unsecured: Loose cargo can easily fly into oncoming traffic. Additionally, unsecured cargo can sometimes shift dangerously and result in the truck overturning.
- Oversized or overloaded: Truck drivers and maintenance crews sometimes overload their vehicle with cargo. This is often the result of poor training. Cargo loading practices may be considered in an investigation when an accident occurs.
Understanding how cargo should be properly loaded and the responsibilities of trucking companies can help in identifying negligence in these cases. Our firm investigates whether cargo-securement requirements may be relevant to the available evidence.
Poor or Improper Vehicle Maintenance
Vehicle maintenance is an important aspect of road safety and accident prevention.
Federal Motor Carrier Safety Administration (FMCSA) regulations generally require truck companies to:
- Conduct a pre-trip inspection to ensure the truck is safe to drive
- Review and sign the last vehicle inspection report and verify that needed repairs were completed
- Systematically inspect, repair, and maintain all trucks within their control
- Complete an end-of-the-day inspection and prepare a written report that documents any discovered defect or deficiency
A failure to complete these duties may be considered in a negligence analysis when the condition of the truck is relevant to an accident.
Brake failures, tire blowouts, and engine troubles can be relevant to an accident investigation. In our investigations, we review maintenance logs, vehicle maintenance records, and repair histories to assess whether equipment conditions may have contributed to the collision.
Driver Fatigue & Hours-of-Service Evidence
Driver fatigue can be an issue in a semi-truck or 18-wheeler accident investigation. For property-carrying drivers subject to standard federal hours-of-service rules, FMCSA regulations describe an 11-hour driving limit after 10 consecutive hours off duty, a 14-hour on-duty window, and a required 30-minute break after 8 cumulative hours of driving.
An electronic logging device records driving time and records of duty status by synchronizing with vehicle systems. Depending on the facts and available records, an investigation may compare those logs with dispatch information, fuel records, phone data, and other evidence.
What Type of Injuries Are Caused by Truck Accidents?
The people in smaller passenger cars involved in a truck accident are far more susceptible to serious injury than the truck driver.
Many people involved in truck accidents sustain:
Upon experiencing such injuries after a big rig or tractor-trailer collision, victims often face long recovery periods, persistent pain, and mounting medical bills. Understanding the extent of these injuries allows our legal team to evaluate injury-related losses and future-care needs.
How Can a Truck Accident Lawyer in Bakersfield Help You?
If you have been injured in a truck accident, a truck accident lawyer in Bakersfield can help you evaluate the available evidence and circumstances of your case. Our Bakersfield truck accident attorneys investigate claims, gather evidence, negotiate with insurers and evaluate settlement offers, help you understand your options for addressing medical expenses and other losses, file lawsuits when appropriate, represent clients in court when necessary, and explain available legal options.
Whether a collision involves an 18-wheeler, semi-truck, big rig, tractor-trailer, commercial truck, or another commercial motor vehicle, the legal issues depend on the collision facts and the potentially responsible parties. A claim may involve the driver, motor carrier, cargo handler, maintenance provider, vehicle owner, or other parties identified by the available evidence.
Our Bakersfield attorneys meticulously evaluate evidence, whether it be from police reports, witness statements, or electronic logs from the trucks involved, and provide individualized guidance about each case. You may schedule a free consultation.
Frequently Asked Questions
In the aftermath of a truck accident, your immediate safety and health should be your primary concern. Move to a safe location if possible and call 911 to report the accident. While waiting for emergency responders, gather evidence such as photos and contact information of witnesses when it is safe to do so. Documenting these details can be important in a legal claim.
Once your immediate needs are addressed, contacting our truck accident attorneys can help you understand your options. Klein DeNatale Goldner offers a free consultation to discuss your case and next steps.
How Is Liability Determined in a Truck Accident?
Liability in truck accidents can be complex, often involving multiple parties such as the truck driver, the trucking company, and even the vehicle manufacturer. In Bakersfield, determining liability requires a thorough investigation into factors like FMCSA regulations, driver fatigue, vehicle maintenance, and road conditions. At Klein DeNatale Goldner, our attorneys conduct comprehensive investigations to identify potentially responsible parties and gather available evidence.
What Compensation Can I Expect from a Truck Accident Claim?
Compensation from a truck accident claim in Bakersfield may include damages such as medical expenses, lost wages, property damage, and pain and suffering. The value of a claim depends on the specifics of the accident, the extent of your injuries, applicable law, and available insurance coverage. Our legal team at Klein DeNatale Goldner evaluates all aspects of the case and can explain the damages that may apply to your circumstances.
Wrongful Death in Truck Accidents
Klein DeNatale Goldner can be of assistance to clients who are the surviving family members of someone who died in a trucking accident. Our firm can help your family file a wrongful death claim to pursue accountability in the wake of such a tragic accident.
The compensation you may recover in a wrongful death or related survival claim could cover:
- Funeral expenses
- End-of-life medical care
- And your loss of companionship
We understand that no monetary award can fully replace your loved one, and we strive to provide compassionate guidance as your family addresses the financial and personal consequences of the loss. Our attorneys handle these sensitive cases with great compassion and strategic precision, with your family’s best interests in mind.
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