Truck Accident Cases: Separating the Myths from the Facts
| May 13th, 2024
Truck accidents are a tragic reality on California’s roads, often leading to devastating consequences for those involved. In 2021, the state had the second-highest number of deaths due to large truck crashes, with 437 fatalities.
Semi-truck accident cases can be complex, with several myths about liability and insurance making it hard to understand your rights and compensation options. Knowing the facts and working with a California truck accident lawyer from Berg Injury Lawyers can help you receive fair damages to pay for your injuries.
Common Myths about Truck Accident Cases
There are several myths about truck accident cases, especially when figuring out who’s to blame and how to get compensated. Here are a few of those common myths, along with the facts behind them:
“Truck Accidents Are Caused by Driver Negligence.”
Around 87% of large truck crashes in the U.S. are attributed to driver error, such as inattention or fatigue. However, these accidents also occur due to elements outside the driver’s control, such as vehicle issues (10%) like defective brakes or tires and environmental dangers (3%) like dangerous weather conditions.
For instance, in 2021, detached tires from a semi-truck bounced over the median on the I-10 near Cabazon and landed on a Subaru, seriously injuring both passengers inside.
In another example, high winds near West Sacramento toppled a semi-truck, causing it to fall over and slide across the road. While no other vehicles were involved, this demonstrates how environmental factors can contribute to a crash.
“Trucking Companies Always Prioritize Profits Over Safety.”
Some trucking companies prioritize profits over safety. This can manifest as inadequate vehicle maintenance, insufficient driver training, or extended working hours beyond legal limits.
While some trucking companies may prioritize profits, many focus on safety, investing in training, maintenance, and technology. This commitment to safety is guided by federal and state regulations such as the following:
- Hours-of-Service: California adheres to federal Hours-of-Service regulations but also includes exceptions for drivers operating solely within the state. For instance, intrastate drivers can split their required 10 hours off-duty into two periods, with one period being at least seven consecutive hours in the sleeper berth.
- Cargo Loading Procedures: Trucking companies must follow rigorous standards for cargo loading, including weight distribution across all axles to prevent tipping and ensure stability.
- Training Requirements: California mandates truck driver training that includes successful completion of the federal Entry Level Driver Training (ELDT) from a registered provider and at least 15 hours of behind-the-wheel training for an original Class A or B CDL, upgrading a Class B CDL to Class A, or obtaining specific endorsements.
“Getting Compensation After a Truck Accident is Straightforward.”
Many believe seeking compensation after a truck accident will lead to a quick and easy financial recovery. However, the process is complex and can involve many parties, including the truck driver, the trucking company, and insurance companies. In addition, all of these parties will likely have legal representation of their own.
The trucking industry’s strict regulations further complicate claims, making it challenging to get a fair settlement without specialized knowledge. Commercial trucks, for instance, require millions in insurance coverage, which can affect a possible settlement in a collision. Determining which insurance limit applies in your case and collecting the right evidence to prove your damages requires the help of a skilled attorney.
The Role of Legal Representation
Given these complexities, seeking legal representation is crucial for anyone involved in a truck accident. Our truck accident attorneys at Berg Injury Lawyers have the experience to investigate the incident thoroughly, gather evidence, and hold negligent parties accountable.
We can use the following strategies to help you receive the compensation you deserve:
- Leveraging accident statistics to strengthen your case.
- Incorporating expert perspectives for a well-supported claim.
- Understanding and applying relevant regulations to highlight any violations.
- Analyzing driver logs for evidence of fatigue or non-compliance.
- Using black box data from the truck to establish fault and detail the events leading up to the accident.
- Reviewing medical records to document the extent of your injuries and their impact on your life.
Let Us Get You Fair Compensation
Truck accidents are often shrouded in myths and misconceptions, making it essential to separate fact from fiction when pursuing legal recourse. At Berg Injury Lawyers, we understand the complexities of truck accident cases and are dedicated to confidently helping victims navigate the legal process.
With our experienced team of attorneys, we provide personalized attention and advocacy to help our clients receive the compensation they deserve. If you were injured in a truck accident, contact Berg Injury Lawyers today for a free consultation.
