La Habra Truck Accident Lawyers

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Table of Contents

California Truck Accident Statistics
HOS Regulations for Passenger Carrying Trucks
Types of Trucks People See on the Road
Causes of Truck Accidents
Types of Truck Accident Claims
Kinds of Compensation for Truck Accidents

La Habra Truck Accident Lawyers Determined And Relentless Representation

Founded by famous attorney Arash Khorsandi, Esq., Arash Law has handled scores of commercial truck cases, and we understand how to help people recover all of the financial compensation they are entitled to in these cases. It is essential for a person to quickly seek legal counsel from experienced La Habra truck accident lawyers with any commercial motor vehicle claim because the insurance companies for the liable parties involved will be aggressive in trying to settle the cases for the least amount possible.

While large truck crashes and common car accidents share certain similarities, there is a significant number of differences between these two kinds of wrecks. The first major difference is that the average driver of a car does not have any limitations on the number of hours they can be behind the wheel, while commercial truck drivers have to abide by strict federal regulations dictating exactly how long they can be driving.

There are many other trucking regulations that drivers and companies alike must comply with. All of these can be factors in truck accidents.

Perhaps the biggest difference between a large truck accident and a traditional car accident concerns liability because while negligent drivers themselves are usually liable for all damages in a car crash, a truck accident can involve several other parties being liable. Not only is a truck driver possibly liable for an accident, but their employer, a trucking company, a truck part manufacturer, and many other parties can all be responsible for a wreck.

The many complex concerns involved in any truck accident case make it imperative for people to seek legal representation in these cases quickly. When a person hires a La Habra truck accident lawyer, they can rest much easier knowing they have somebody on their side fighting to recover as much compensation as possible.

Under Title 49 Code of Federal Regulations (CFR) § 390.5, a commercial motor vehicle is defined as any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more, whichever is greater; is designed or used to transport more than eight passengers (including the driver) for compensation; is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or is used in transporting material found by the Secretary of Transportation to be hazardous under Title 49 U.S. Code 5103 and transported in quantity requiring placarding under regulations prescribed by the Secretary. In most cases, commercial motor vehicles are large trucks, and the involvement of any large truck in a traffic accident can mean serious harm to other people involved.

Car Accident

$4,100,000.00

A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.

– ARASH KHORSANDI

California Truck Accident Statistics

The Federal Motor Carrier Safety Administration (FMCSA) reported 415,000 police-reported crashes involving large trucks in 2020, including 4,444 fatal crashes and 101,000 injury crashes. Single-vehicle accidents, such as crashes involving a bicyclist, pedestrian, or nonmotorized vehicle, accounted for 22 percent of all fatal crashes, 16 percent of all injury crashes, and 24 percent of all property damage-only crashes involving large trucks in 2020, although a majority (62 percent) of fatal large truck crashes involved two vehicles.

The National Safety Council (NSC) reported that the 5,700 large trucks involved in fatal crashes in 2021 constituted an 18 percent increase from the prior year and a 49 percent increase over the past decade. The 117,300 large trucks involved in crashes resulting in injuries was a 12 percent increase from 2020 but was actually less than the 118,500 in 2019, which was the high mark of the past decade.

In California, specifically, the California Highway Patrol (CHP) reported there were 344 fatal accidents and 7,009 injury crashes in 2019. The total fatality was the highest number in the most recent five-year period, although 2018 had more injury crashes with 7,223.

The NSC also reported that California ranked second in the nation for deaths caused by large truck crashes, with 437 in 2021, behind only Texas. In most truck accident cases, 67 percent of victims are occupants of cars or other motor vehicles, while 16 percent of victims are large truck occupants, and 15 percent are pedestrians, bicyclists, and motorcyclists.

Different Types of Trucks

FMCSA created and maintained the Motor Carrier Management Information System (MCMIS), which contains information about the safety performance of commercial motor carriers and hazardous materials (HM) carriers subject to Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs). Commercial motor vehicle drivers must comply with federal Hours of Service (HOS) rules.

A commercial motor vehicle is generally defined as a vehicle used as part of a business and involved in interstate commerce that either weighs 10,001 pounds or more, has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more, is designed or used to transport 16 or more passengers (including the driver) not for compensation, is designed or used to transport nine or more passengers (including the driver) for compensation, or is transporting hazardous materials in quantity requiring placards. HOS rules vary depending on a commercial truck’s classification, with the rules generally as follows below.

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My husband had an accident 2 years ago, a 85 years old man hit him, the Arash law group works very well on my husband case that took 9 month and he won the case and my husband was happy with the results. A year later I got into an accident as well and I’m still waiting in my case is almost resolving and it’s 9 months already. This people knows the law and they do their job right to help you out in getting the most for you to fight on your behalf. I strongly recommend the Arash Law firm they do things right in a efficient and professional manner.

Had a great experience with all the people at Arash law. Long story short was in a bad car accident. It was overwhelming and the whole process was a lot, but they kept me in the loop. They answered all my questions and gave me great advice. Couldn't be any happier. Would definitely recommend anyone looking for a personal injury lawyer. They'll guide you through the whole process!

Having Arash Law handle my auto accident was the best decision I could have made. Everyone I interacted with was kind, professional and detail oriented. I am extremely happy with the outcome and would recommend them highly.

From start to finish, Arash Law firm is there every step of the way with close, constant, personal contact and attention. I never knew a Law firm could actually care so much for me as a person and what I was personally going through as well as the settlement I was going to recieve once my case was finally completed. Thank you to everyone at Arash Law for your ongoing support and communication. You are the ONLY firm I will ever recommend to someone who is need of a great attorny.

I had an excellent experience with Arash Law. I will definitely recommend to my family and friends. I interviewed a few firms before deciding to work with Arash Law. What made my experience excellent was (i.e. head attorney being accessible to talk to and he answered all my questions and concerns, sensitive and thorough personel who completed in home intake & follow up process, being connected immediately to quality Physicians who addressed my injuries and recovery process, clear contract-read throughly to ensure its something you can commit to). Being in a car accident is a traumatic experience and I had a sense of peace knowing Arash Firm was walking with me throughout the whole process. Thank you Arash Firm for all your hard work and help. I am so grateful and appreciative for you all! 🙏 With Gratitude, Monica Parra

10-hour limit – Drivers can operate a maximum of 10 hours per day on the road after eight consecutive hours off duty.
15-hour limit – Drivers cannot drive after having been on duty for 15 hours, following eight consecutive hours off duty. Off-duty time is not included in the 15-hour period.
60/70 hour on duty limit – Drivers cannot drive after 60/70 hours on duty in seven/eight consecutive days.

Important provisions relating to these rules include the Sleeper Berth Provision, under which drivers using a sleeper berth must take at least eight hours in the sleeper berth and can split the sleeper berth time into two periods provided neither is less than two hours. All sleeper berth pairings must add up to at least eight hours.

In adverse driving conditions, drivers are allowed to extend the 10-hour maximum driving time and 15-hour on-duty limit by up to two hours. A driver is also exempt from the requirements of CFR § 395.8 and CFR § 395.11 if the driver operates within a 150-air-mile radius of the normal work reporting location and does not exceed a maximum duty period of 14 hours. Drivers using a short-haul exception in CFR § 395.1(e)(1) must report and return to the normal work reporting location within 14 consecutive hours and stay within a 150-air-mile radius of the work reporting location.

HOS Regulations for Property Carrying Trucks

11-hour limit – Drivers can operate a maximum of 11 hours per day on the road after 10 consecutive hours off duty.
14-hour limit – Drivers cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
60/70 hour on duty limit – Drivers cannot drive after 60/70 hours on duty in seven/eight consecutive days. A driver can restart a seven/eight consecutive days period after taking 34 or more consecutive hours off duty.

Truck drivers must take a 30-minute break when they have driven for a period of eight cumulative hours without at least a 30-minute interruption. A break can be satisfied by any non-driving period of 30 consecutive minutes.

The Sleeper Berth Provision provides that drivers can split their required 10-hour off-duty period, as long as one off-duty period (in or out of a sleeper berth) is at least two hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. All sleeper berth pairings must add up to at least 10 hours, and when used together, neither time period counts against the maximum 14-hour driving window.

Drivers are allowed to extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when adverse driving conditions are encountered. A driver is exempt from the requirements of CFR § 395.8 and CFR § 395.11 if the driver operates within a 150-air-mile radius of the normal work reporting location and the driver does not exceed a maximum duty period of 14 hours. Drivers using the short-haul exception in CFR § 395.1(e)(1) must report and return to the normal work reporting location within 14 consecutive hours and stay within a 150-air-mile radius of the work reporting location.

Types of Trucks People See on the Road

Commercial trucks come in many different types and styles. Some of the most common kinds of trucks generally include:

Tractor-trailers/big rigs/semi-trucks – The American Trucking Associations (ATA) defines a tractor-trailer as a “tractor and semitrailer combination.” A tractor is the engine and cab where a truck driver sits. It is designed to pull a semitrailer, which is the boxy portion being pulled. A tractor-trailer is the most common truck configuration on most highways, and many states have established height, length, and weight limits for trucks on their roads.
Tanker trucks – Tankers are essentially tractor-trailers, but the trailers are designed to carry liquids. While some tankers can carry a cargo of liquids that are not harmful, many others will be transporting liquids that are flammable or toxic (or both). Both state and federal government regulations require tanker truck drivers to have special permits and follow certain safety precautions that are far stricter than the ones applied to traditional truck drivers.
Delivery trucks – Also known as box trucks or straight trucks, delivery trucks are different from tractor-trailers. The tractor and trailer are a single unit in this vehicle, meaning that the cargo being transported is part of the whole truck.
Dump trucks, garbage trucks, and cement trucks – All of these kinds of trucks typically have large areas on their back for transporting garbage, cement, or other raw materials.
Flatbed trucks – Similar to a tractor-trailer in configuration, a flatbed truck is often used to transport goods that cannot fit into a traditional tractor-trailer. It is not uncommon for these vehicles to be accompanied by a smaller truck warning other road users of an oversize load.

Causes of Truck Accidents

According to FMCSA, the three major kinds of critical events assigned to large trucks in crashes were running out of a travel lane (32 percent); vehicle loss of control because of traveling too fast for conditions, cargo shifts, vehicle systems failure, poor road conditions, or other reasons (29 percent); and colliding with the rear end of another vehicle in the truck’s travel lane (22 percent). FMCSA also reported that 87 percent of truck accidents are the result of truck driver error (with 38 percent relating to decisions, 28 percent being recognition, 12 percent being non-performance issues, and 9 percent being performance-related), 10 percent related to other motor vehicles, and 3 percent were blamed on the environment.

Other common causes of truck accidents include:

Driver fatigue
Distracted driving
Driving under the influence (DUI) of drugs or alcohol
Reckless driving

Poor vehicle maintenance
Inclement weather
Poor cargo loading
Road hazards

Improper training
Negligent hiring
Overloaded trailers
Blind spots

Make no mistake, many truck companies and their insurers are going to try and pin the blame for a truck accident on the actions of other drivers. Doing so is usually an attempt to deny any liability, and insurance companies will fight to try and avoid having to pay anything in these cases.

Arash Law, under the guidance of Arash Khorsandi, Esq., has dealt with all of these kinds of issues and will know how to prove when a truck driver was at fault for causing a wreck. You will want to have somebody on your side who knows how to investigate a crash and demonstrate that a truck driver deserves all of the blame.

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Franchot M.

$610,000

Personal Injury Settlement

Our client was the victim of a rear-end accident who was left injured and severely in pain. Arash Law was able to outshine other injury law firms when he searched online, and thankfully we were able to handle everything for our client from A to Z — All that he had to do was ask and focus on his recovery. Our client’s life has changed forever, and the compensation received for the pain and suffering has opened paths for new lifelong opportunities.

Personal Injury Settlement

Types of Truck Accident Claims

People who are involved in commercial truck accidents can have any one of multiple claims against the truck driver or trucking company. There are several different kinds of claims people can file, with the most common often including:

Injury Claims

When people suffer injuries in a truck accident, they often have claims relating to the injuries they sustain. It is possible for people to suffer from any one of a wide range of possible injuries, and these claims are usually supported by medical records.

Property Damage Claims

When a person’s motor vehicle is involved in a commercial truck accident, the vehicle often sustains immense damage requiring repairs. Many people will then file claims to have the costs of any repairs covered by the negligent truck driver or trucking company in La Habra, California.

Wrongful Death Claims

Under California state law, damages in a wrongful death claim are distributed to a surviving spouse, domestic partner, and children of the deceased. When there are no surviving family members, damages can be distributed in accordance with intestate succession. A spouse will recover everything when there are no children, parents, or siblings. When a spouse has one child, then the spouse gets half, and the child gets the other half. When there is a spouse and two or more children, the spouse gets one-third, and the remainder is split equally among the children. If there is a spouse and parents or siblings, then the spouse gets half, and the other half is split equally among the parents or siblings. When there are children but no spouse, all shares go to the children equally. When there are parents but no spouse or children, then the parents get everything.

Common Types of Truck Accident Injuries

Truck accident victims can suffer very serious injuries. Some of the most frequent kinds of injuries in these cases often include, but are not limited to:

Fractures or broken bones
Concussions
Crush injuries
Closed head injuries
Back injuries
Knee injuries
Leg injuries
Neck injuries
Arm injuries

Internal injuries
Skull fractures
Traumatic brain injuries (TBIs)
Spinal cord injuries
Permanent nerve injuries
Amputations
Paralysis
Severe burn injuries
Wrongful death

Motor Vehicle Accident

$3,500,000.00

Settlement in a motor vehicle accident; client suffered internal injuries.

– JUDD ROSS ALLEN

Common Kinds of Compensation for Truck Accidents

When people file claims against truck drivers and trucking companies, they can often be entitled to compensatory damages. The phrase compensatory damages is usually broken into two specific kinds: economic damages and non-economic damages.

Economic damages usually include all past, present, and future out-of-pocket financial expenses that may include:

Lost income
Past, present, and future medical bills
Physical therapy costs

Vehicle repair or replacement
Rental car costs

Non-economic damages are harms that usually cannot be quantified and often include:

Pain and suffering
Emotional distress
Inconvenience
Loss of society and companionship

Loss of consortium
Injury to reputation
Humiliation

What People Should Do After a Truck Accident in La Habra

When a truck accident in La Habra occurs, it can be an extremely confusing and disorienting process for most people. It will be important for a person to try to remain calm and take certain actions to help their case move forward.

In general, you will want to do all of the following after a truck accident:

Call 911 – Get help from truck accident lawyers La Habra trusts. Search online for a reputable injury attorney right away and make sure law enforcement is notified so you can be sure that a police report is filed regarding your wreck. Emergency medical personnel will also usually be dispatched.
Check for injuries – If a person is seriously hurt in a truck accident, it will be important to get them medical attention. You should also seek medical attention for yourself by visiting a hospital or other medical care provider as soon as possible, even when you do not think you have suffered an injury. Remember that many serious injuries involve delayed symptoms, and waiting too long to see a doctor can have disastrous effects on your injury claim.
Talk to other drivers – Certainly get the truck driver’s relevant information, such as their name, address, and driver’s license number. But also seek the same information from other drivers involved in a wreck.
Get the truck driver’s employer information – When a truck accident involves a large truck, you will want to write down whoever the driver works for. Trucking companies can often be held liable in many cases.
Collect witness information – When other bystanders see a truck accident, try to get their contact information as well. Do not be overly forceful in your requests, as you can let a lawyer handle witnesses later if they are unwilling to share their information with you.
Capture evidence – Use the camera on your cell phone to take as many photographs or videos of your crash scene as you can. No lawyer will ever tell you that you took too many pictures. In addition to getting pictures of the vehicles involved, also look for other key bits of information relating to an accident, such as skid marks or important traffic signs.
Call Arash Law as soon as possible – It will be incredibly important to get in contact with a skilled truck accident lawyer in La Habra as soon as you can after a truck accident. Arash Law, led by Arash Khorsandi, Esq., can immediately step in and commence its own independent investigation into the crash to determine who will be liable and then work to help you recover all of the compensation you are entitled to.

Contact Our La Habra Truck Accident Lawyers Today

Arash Law, led by Arash Khorsandi, Esq., has recovered more than $500 Million for our clients. Our cases included one woman who suffered neck and back injuries after being rear-ended by a large delivery truck. While the trucking company tried to blame her injuries on preexisting conditions, we helped her recover $500 million.

Our La Habra injury firm has handled numerous truck accident cases all over California, and we will be fully capable of helping you hold a negligent truck driver and trucking company accountable. Call (888) 488-1391 or contact us online to schedule a free consultation at which we can provide a thorough and in-depth case evaluation.