H Law GroupPersonal Injury

Vehicle Accidents

A commercial carrier has a response team. You should too

Trucking companies dispatch investigators within hours of a serious crash. Evidence like driver logs and engine data can be lawfully overwritten if nobody demands it.

About truck accidents claims

A collision with an 80,000-pound vehicle produces different injuries and a very different case than a car crash. Commercial carriers are governed by Federal Motor Carrier Safety Administration regulations covering hours of service, driver qualification, drug and alcohol testing, inspection, maintenance and cargo securement. Each of those requirements creates records, and each record is a place a violation can be proven.

The immediate priority is preservation. Electronic logging device data, engine control module downloads, dispatch and telematics records, and post-trip inspection reports are subject to retention periods that can expire. A spoliation letter sent early is often what keeps the decisive evidence in existence.

Liability in trucking cases usually extends past the driver. The motor carrier can be responsible for negligent hiring, training, supervision and scheduling, and for pressuring drivers into unsafe hours. Brokers, shippers, loaders, maintenance contractors and parts manufacturers can each be responsible depending on how the crash happened.

Common injuries

Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.

  • Catastrophic head and traumatic brain injuries
  • Spinal cord injury and paralysis
  • Multiple fractures and crush injuries requiring amputation
  • Internal bleeding and organ damage
  • Severe burns in post-collision fires
  • Wrongful death

Who can be held liable

Responsibility often extends well beyond the most obvious company. We look at every party in the chain.

  • The truck driver
  • The motor carrier and its safety management
  • The freight broker or shipper that arranged an unsafe schedule
  • The loading company responsible for improperly secured or overweight cargo
  • A maintenance contractor or the manufacturer of a failed brake, tire or coupling

Evidence that matters

What we work to preserve and obtain early, because this proof tends to disappear with time.

  • Electronic logging device and hours-of-service records
  • Engine control module ("black box") and telematics downloads
  • Driver qualification file, training records and testing history
  • Maintenance, inspection and repair records for the tractor and trailer
  • Bills of lading, weight tickets and cargo securement documentation

Do not wait on the deadline

California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.

Answers

Truck Accidents: common questions

Immediately, if possible. Some categories of electronic data and driver logs are only required to be retained for limited periods, and a truck can be repaired and back in service within days. Early written preservation demands are frequently what saves the case.

Injured by truck accidents? Let us review it at no cost.

A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.

What compensation may be available

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