Bakersfield Truck Accident Lawyers
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Bakersfield Truck Accident Lawyers Helping You Navigate The Legal Process
Experiencing a traffic accident, especially one involving a large commercial truck, can be a frightening and traumatic event. The consequences of such accidents are often severe and far-reaching. If you or a loved one has suffered an injury in a truck accident in Bakersfield, consider consulting an experienced attorney who can assist you in pursuing financial compensation for your injuries and other damages. Contact Arash Law at (888) 488-1391 for a free case evaluation and speak to one of our Bakersfield truck accident lawyers.
Bakersfield, California, has numerous roads shared by passenger vehicles and commercial trucks. Large trucks transport a wide variety of goods across the state and country, making them an essential part of the economy. However, the high volume of these vehicles on the road increases the risk of collisions, some of which result in serious injuries.
Truck accident cases can be complex due to the interplay of state and federal regulations, as well as the safety policies of trucking companies. Having an attorney knowledgeable in these areas is crucial for navigating the legal process following an accident.
The team at Arash Law has years of experience handling truck accident cases in California. They are available to provide legal guidance and support throughout your claim process. Our truck accident lawyers will help to seek appropriate compensation for your medical bills, lost wages, and related losses.
November 2020: $9M settlement in a mild traumatic brain injury case involving a construction worker injured at the jobsite.– BRIAN BEECHER
Truck Accident Statistics In California
Traffic accidents with large commercial trucks are far too common across the state and nationwide. According to statistics compiled by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), travelers are facing the following statistics:
- 7.2% of the country’s commercial motor vehicle accidents happen in California.
- 291 people died in a commercial motor vehicle accident in California in recent years.
- Over 5,700 people died nationwide in 2021 due to commercial motor vehicle accidents.
- 116,000 people were injured in truck accidents across the country in recent years.
- The percentage of commercial truck accidents has increased, reflecting 3,908 accidents that involved a large commercial truck.
- Commercial motor vehicle accidents are 78% more likely to happen during the workweek (Monday through Friday) and 65% more likely to happen during daylight hours. Approximately 433,000 of these accidents involved large commercial trucks.
How Do Semi-Truck Accidents Differ From Typical Passenger Vehicle Accidents?
A traffic crash involving a semi-truck is significantly more dangerous than an accident between two passenger vehicles. Truck drivers and trucking companies are under the strict regulations of the Federal Motor Carrier Safety Regulations (FMCSR). The FMCSR has implemented rules that limit the daily and weekly number of hours truck drivers work. The FMCSR requires drivers and companies to log hours driven.
Federal Motor Carrier Safety Administration Requirements
The Federal Motor Carrier Safety Administration (FMCSA) is the federal regulatory agency responsible for setting minimum insurance coverage requirements for commercial vehicles and their drivers. Truck drivers and companies must carry the following minimum insurance coverages:
- Trucking companies are required to carry at least $750,000 in coverage for each vehicle.
- If the vehicle carries hazardous materials, trucking companies must carry a minimum of $5,000,000 in coverage.
To access coverage under a commercial trucking company’s policy, it is necessary to determine liability. In truck accident cases, identifying the responsible party, whether it be the driver, the company, or another third party, is an essential step in pursuing a legal claim. These cases can be complex, particularly when dealing with multiple parties and insurance carriers. Legal counsel can assist in navigating these complexities and identifying relevant evidence.
In addition to insurance requirements, the FMCSA has listed requirements for becoming a big rig truck driver. Each commercial truck driver must meet the following basic requirements to get a job as a truck driver:
- Be 21 or older.
- Carry a valid commercial driver’s license (CDL).
- Take and pass a physical fitness exam every two years.
- Abstain from drugs and alcohol while working. This includes taking any prescription medications that can impact the truck driver’s ability to safely operate their truck.
The FMCSA also regulates trucking companies. Every truck company must comply with the following rules:
- No truck may carry more than 20,000 pounds of cargo per axle.
- A commercial truck cannot weigh more than 80,000 pounds.
- Truck companies must verify their employees’ driving records. The company must check each driver’s references before hiring them.
- Truck companies must maintain an accurate vehicle inspection record.
- Truck companies must maintain accurate records of repairs.
- Every commercial trucking company must monitor each of its drivers’ driving records annually.
- Truck companies must regularly inspect their trucks. If an issue is found, the truck company must make all necessary repairs to the vehicle before putting the vehicle back on the road.
If there are indications that a trucking company or its driver failed to meet legal or regulatory standards, that information can be significant in evaluating potential claims. Our Bakersfield truck accident attorney can help you understand how these factors may relate to your case, assist in gathering relevant evidence, and guide you through the legal process.
Common Causes Of Bakersfield Truck Accidents
Truck accidents, like other types of accidents, are common and occur for various reasons. While driver negligence is a common contributing factor, it is not always the sole cause. In some cases, external pressures, such as strict delivery deadlines imposed by trucking companies or employers, may lead to unsafe driving practices. These conditions can contribute to fatigue, speeding, or other forms of reckless behavior that increase the risk of a collision.
Here are some of the common causes of truck accidents in Bakersfield, California:
Driver Error
Following a 33-month study conducted by the FMCSA, three leading causes of driver error in truck accidents have been identified. These include failure to stop, loss of vehicle control, and trucks veering off the road into another lane. While not all accidents are preventable, many of these incidents can be linked to identifiable driving behaviors. Holding responsible parties accountable through the legal process plays an important role in upholding victims’ rights and promoting safer practices within the trucking industry.
Improperly Loaded Trailers
Truck drivers and trucking companies are required to follow state and federal regulations regarding the proper loading and securement of cargo. When a trailer is improperly loaded, the risk of a crash increases significantly. In some cases, liability may also extend to third parties involved in the loading process.
Examples of improper loading in truck accident cases include the following:
Overloaded Trailers
Exceeding the legal weight limits for commercial vehicles like big rigs can increase the likelihood of a rollover, particularly on curves or during sudden maneuvers. Heavy loads also place additional strain on critical vehicle systems, such as brakes and tires, potentially reducing the effectiveness of safety features. Given that commercial motor vehicles already weigh thousands of pounds, any excess weight may compromise the vehicle’s performance and stability.
Unbalanced Trailers
An uneven distribution of cargo weight, regardless of whether the load is secured, can raise a truck’s center of gravity. This imbalance may lead to tipping, swaying, or difficulty maintaining control, especially at higher speeds or during turns. Even properly restrained cargo can become hazardous if the weight is not distributed in accordance with industry standards or regulatory requirements.
Unsecured Trailers
Federal regulations require cargo to be secured using appropriate equipment such as tie-downs, shoring bars, or other industry-approved restraints. Commercial trucks frequently transport large or heavy items, including machinery, construction materials, furniture, and metal goods. If cargo is not properly restrained, it can shift during transit or fall from the vehicle, creating road hazards and increasing the risk of multi-vehicle collisions.
Vehicle Malfunctions
Truck accidents can happen due to vehicle malfunctions. Commercial vehicles could malfunction if they are not properly maintained or if there is a manufacturing defect. The liable party here is determined by the facts surrounding the case.
A driver and the trucking company must perform routine maintenance on vehicles. If they fail to perform standard maintenance on their vehicles before driving, they may face legal liability if the failure to maintain the truck caused the accident.
Identifying the source of a mechanical failure often requires a detailed investigation and technical analysis. A Bakersfield lawyer handling truck accident cases may consult with industry consultants to evaluate whether the failure stemmed from improper maintenance, design flaws, or manufacturing defects.
Distracted Driving
Distracted driving is one of the common causes of traffic accidents in California. If a commercial truck driver is distracted while behind the wheel, they could cause a deadly accident. According to the Large Truck Crash Causation Study, published by the FMCSA, driver error (i.e., distracted driving) causes 87% of fatal or injury-causing crashes. Examples of driver error include the following:
- Bad Decisions — Safe driving requires making timely and appropriate decisions based on current road and weather conditions. Poor judgment can increase the risk of accidents. Examples include driving at an inappropriate speed for the present road conditions (i.e., too fast in a construction zone or during rain), following other drivers too closely, or braking abruptly.
- Poor Driving Performance — Drivers must execute proper maneuvers safely and promptly, like swerving to avoid a crash. Technical errors, such as panicking, overcorrecting, or improperly handling turns, can contribute to crashes.
- Inattention — Maintaining focus on the road and surroundings is critical, especially for commercial truck drivers operating large vehicles. Drivers are expected to observe and obey all traffic signs and adjust their driving according to hazards. One common form of inattention is distracted driving, including activities such as texting or using a mobile device while driving.
Speeding Or Aggressive Driving
Speeding is one of the common causes of a traffic crash. If a commercial truck is speeding, the results can be more deadly than a typical passenger vehicle accident. Speeding is considered illegal and negligent. It decreases the driver’s reaction time and their ability to make good decisions behind the wheel. Given that commercial trucks require more distance to come to a complete stop compared to passenger vehicles, driving at excessive speeds can substantially raise the risk of a collision.
Driver Fatigue
Fatigued driving is a serious issue among commercial truck drivers. According to the NHTSA, driver fatigue contributes to approximately 13% of large truck crashes that result in injuries or fatalities.
Driving without adequate rest is like impaired driving and has the same effect. Driving while sleepy reduces driver reaction time and can lead to the driver losing consciousness on the road. Any of these actions can endanger the lives of all travelers on Bakersfield roads.
The FMCSA implemented the following regulations to help reduce the number of commercial truck traffic accidents that are caused by driver fatigue:
- Drivers are prohibited from working more than an 8-hour shift without taking at least one 30-minute rest break.
- The maximum number of hours that a driver can work per shift is 14. No driver may work more than 11 hours in one shift.
- There must be ten hours between the end of one shift and the beginning of the next shift.
- No driver may work more than 70 hours per workweek if the work week is eight days long or no more than 60 hours in a workweek if the work week is seven days long.
- Drivers must log each hour that they drive.
- When a driver reaches their maximum hours for a workweek, they must take at least 34 hours off before the beginning of their next shift.
Truck drivers and trucking companies must strictly adhere to the above federal requirements. Failure to do so can result in a truck accident and lead to legal penalties for both the company and the driver.
Driving Under The Influence Of Drugs Or Alcohol
Driving under the influence of drugs or alcohol is a form of negligence. These substances can affect motor functions, cognitive reasoning, and other essential motor functions. Impaired drivers may lose their ability to control their vehicles, which can lead to accidents.
In California, drivers of passenger vehicles are prohibited from driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the legal limit is stricter at 0.04%. The lower threshold reflects the greater responsibility that comes with operating large commercial vehicles, which can cause more extensive damage and harm in a collision.
Commercial truck drivers are also under a zero-tolerance policy for drug use. Although using drugs and driving puts their lives and jobs on the line, some big rig drivers still use drugs. A study published by Reuters found that 30% of drivers use amphetamines to stay awake and meet strict deadlines. The study also showed that commercial truck drivers across the United States tested positive for alcohol on drug tests at 12.5%.
Lack Of Proper Training
Trucking companies must properly train their drivers. Proper training is essential in the trucking industry because the size and weight of the vehicles can cause catastrophic accidents if these vehicles get into an accident. Adequate training reduces the risk of these kinds of accidents. Failure to adhere to the federal regulations implemented by the FMCSA is likely to result in being found negligent and cause legal liability for the truck company.
Common Injuries In Bakersfield Truck Accidents
Injuries from truck accidents are among the most serious and often most deadly. Survivors of truck accidents may suffer from long-term injuries. According to the National Highway Traffic Safety Administration, approximately 1% of truck accidents result in fatalities.
Some of the common injuries that occur in Bakersfield truck accidents include, but are not limited to, the following:
Neck And Back Injuries
Neck and back injuries especially common in high-impact collisions. These injuries can interfere with a person’s ability to perform everyday activities and may require ongoing physical therapy or other medical interventions. Examples of neck and back injuries include:
- Mild to severe daily pain.
- Loss of enjoyment of life or loss of quality of life.
- Partial or full paralysis.
- Loss of ability to perform activities of daily living.
Head Trauma And Traumatic Brain Injury
Head injuries are a serious consequence of truck accidents and can be life-changing. They are caused by blunt force trauma, which is a sudden and forceful impact between a victim’s head and a hard surface or object. Blunt force trauma is common in truck accidents.
Head injuries can be difficult to diagnose and treat, especially if medical attention is delayed. If you hit your head during an accident, seek medical attention immediately. Some head injury victims show the following signs:
- Nausea
- Confusion
- Impaired vision
- Dizziness
- Severe headaches
Spinal Cord Injuries
Spinal cord injuries can leave the victim paralyzed or facing long-term rehabilitation to recover. These injuries often occur when the force of a commercial truck collision violently jolts the occupants of a passenger vehicle or traps them inside. Spinal cord injuries may not be immediately apparent, so it is important to see a doctor after a crash, even if you do not think that you are seriously injured.
Broken Bones
Broken bones are a frequent injury in truck accidents due to the significant size and force of commercial vehicles. A victim who suffered from broken bones may experience a range of long-term complications, including:
- Numbness
- Deformities
- Head trauma and Traumatic Brain Injury (TBI)
- Exposed bones
- Pain in the area
Wrongful Death
Fatalities are more common in accidents involving commercial trucks than in those involving standard passenger vehicles. When a deadly accident results from the negligence of a truck driver or trucking company, surviving family members may pursue a wrongful death claim.
Wrongful death cases involving commercial trucks can be complex, often requiring a detailed investigation and a thorough understanding of both transportation regulations and liability issues. Consulting with a truck accident attorney experienced in wrongful death claims can help families navigate the legal process and understand their options.
Liability
Liability means that a person or entity is legally responsible for an action, in this context, legally responsible for causing a truck accident. Determining liability in a truck accident can be complicated, but it is important to know who is at fault to pursue compensation for your injuries.
Who Is At Fault?
Identifying all potentially responsible parties is an important step in pursuing a claim. Truck accident cases often involve multiple defendants, including the driver, their employer, cargo handlers, manufacturers, and others involved in the operation or maintenance of the vehicle.
Truck Driver
Commercial truck drivers would face legal liability if their negligence caused a traffic accident. Drivers are usually the easiest defendants to identify because they are present at the scene. If possible, obtain their name and ask if they are employed by the company for which they were delivering.
Truck Company
Ask whether the truck driver is working for a company or if they are working for themselves. If the driver is employed by a trucking company when the accident happens, then you may be able to seek compensation from their employer. California law allows plaintiffs to pursue the defendant’s employers if the driver’s negligence caused the truck accident. Trucking companies may also face legal liability if their negligence causes the accident (e.g., poor maintenance).
Cargo Handlers
Improperly loaded trailers can cause serious accidents. Your accident attorney can help you investigate the cause of the accident and determine if cargo handlers are to blame. Each cargo handler is an employee of the trucking company; therefore, even if the driver is an independent contractor, if the accident was caused by improper loading, the employer may be liable for causing the accident and may face legal consequences due to employee negligence.
Truck Manufacturer
Poor and defective design and manufacture of the truck can lead to a traffic accident. Badly made vehicles are a danger to all travelers in Bakersfield. Well-made vehicles contribute to public safety. Finding the vehicle manufacturer can be a tedious process. Consider working with a legal team to help you identify and sue the truck manufacturer. If you or a loved one has suffered an injury in a truck accident, contact a Bakersfield truck accident attorney to learn more about your legal options after a truck accident.
California Comparative Fault Laws For Truck Accidents
California law allows a plaintiff to recover a percentage of a judgment or settlement if they are found to be partially at fault. This body of law is called comparative fault. In most civil actions, the opposing insurance company will try to prove that you were at least somewhat responsible for the accident. These laws protect a plaintiff from a total bar to financial recovery. If a jury finds you partially at fault for the accident, they will assign a percentage to your amount of fault. Your final award will be reduced based on the percentage of fault.
What Should I Do After A Truck Accident In Bakersfield?
The steps that you take after a truck accident in Bakersfield are critical. They can impact your ability to recover compensation for all of your injuries, losses, and damages. Consider doing the following after a Bakersfield truck accident:
Call 911
California law requires anyone who was in an accident to call the police and make an accident report. Call first responders immediately, even if you do not think that the property damage is significant.
Get Contact Information
If you are physically able, while you are waiting for the police to arrive at the accident scene, speak with the other driver, their passengers, and other eyewitnesses to the accident. Collect their names and phone numbers. Get the insurance information for the other driver. Take note of what company the driver is working for or if they are an independent contractor.
Take Pictures And Videos
You will need physical evidence to prove your accident-related damage and losses. Photos and videos of the scene can support your claim. Get multiple angles and the surrounding area around the accident.
Get Medical Attention
See a doctor after a truck accident. Truck accidents can cause severe injuries. You may be suffering from an unseen injury like a concussion or internal bleeding, or an injury that may not manifest for several days, like a head injury.
Call An Attorney
It is advisable to contact a personal injury attorney before making any decisions about your accident claim, as they can help you better understand your legal options.
Contact Your Insurance Company And Report The Accident
Once you’ve consulted with a personal injury attorney, promptly notify your own auto insurance company about the accident. It’s generally advisable to avoid speaking with any insurance adjusters, including your own, before getting legal advice, as your statements can impact your claim. Keep in mind that some policies have strict deadlines for reporting accidents, so it’s important to act within the required timeframe.
Gil v. Anderson Plumbing: verdict by a Los Angeles County Superior Court jury in Van Nuys awarded to a man who was injured when his vehicle was struck from behind by a large commercial plumbing van. Benny was part of the trial team that obtained this verdict.– BENNY KHORSANDI
Available Compensation After A Truck Accident
There are three major categories of compensation that may be available to you after a Bakersfield truck accident. The categories of compensation include economic, non-economic, and punitive damages, if applicable.
Economic Damages
Economic damages are physical and tangible losses that are related to the accident. After a complete investigation, your attorney can help you identify the potential economic damages you may be entitled to. Examples of economic damages include:
- Current and future medical expenses.
- Current and future lost wages.
- Property damage.
Non-Economic Damages
Non-economic damages that are related to the accident can be more difficult to prove. These damages relate to the non-physical losses you sustained in the accident, like lost quality of life, emotional suffering, or lost enjoyment of life.
Punitive Damages
Punitive damages are available in specific cases. California law allows certain plaintiffs to collect non-compensatory damages in extraordinary cases. A Bakersfield truck accident attorney can help you understand your rights to punitive damages and pursue them if appropriate.
Contact Our Truck Accident Lawyers In Bakersfield
If you or someone you know was injured in a truck accident, our team is available to discuss your situation, help you understand your rights, and guide you through the legal process. Our Bakersfield truck accident lawyers will work to pursue compensation for damages.
Arash Law also serves clients in neighboring areas, such as Tehachapi, Ridgecrest, Arvin, Mojave, Lake Isabella, Oildale, and other nearby locations. We also represent clients from all over the state, including San Francisco, Amador, Modoc, Los Angeles, Alpine, Orange, Marin, Contra Costa, San Diego, Sutter, and Santa Cruz.
We have the resources and experience to handle a wide range of personal injury cases, including complex truck accident claims. You can reach our office at (888) 488-1391 to schedule a no-obligation case evaluation.
