California Injury Attorney Blog

Title 49 of the Code of Federal Regulations is the leading source of federal trucking industry governance. The Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) are among the federal agencies that regulate the trucking industry. Every state also has a state level Department of Transportation which also enforces the state's trucking laws. States regulate the height, width, length or weight of any truck, semitrailer truck or trailer under maximum limits prescribed by law. Interstate and intrastate trucking companies must be in compliance with Federal Motor Carrier Safety Regulations, Federal Hazardous Materials Regulations, as well as any state regulations.

No matter what type of accident has resulted in injury and/or property damages, the chief goal in a personal injury claim is to prove liability. In vehicular accidents, it's generally important to demonstrate that the driver was negligent because he/she failed to exercise reasonable care. The key difference with trucking accident claims though is in the ability to recover damages from insurance companies due to the trucking company's, employer's and/or contractor's potential liability.

Many of the state and federal trucking regulations set limits on work hours for truck drivers and on how long a driver can continue driving with no rest. If it is determined that the truck driver violated these safety rules, it could show negligence and the carrier who employs him may be found liable for the accident under a doctrine of "respondeat superior". This is a common law doctrine that makes an employer responsible for the actions of an employee, agent, or subordinate, when the actions take place within the scope of their assigned duties. If the truck driver is an independent contractor, it may be necessary to find liability against the employer on other legal theories. However, under current federal law, any company owning a trucking permit is responsible for all accidents involving a truck that has its placard or name displayed on the vehicle, regardless of what the truck lease states with the owner/operator or whether the driver is an employee or an independent contractor.

Continue reading "Trucking Accidents By Overworked Drivers Are a Violation of Federal Law" »

Truck accident statistics show that every year 18-wheeler truck accidents injure over 150,000 people and kill over 5,000. As many drivers have observed, California has its fair share of 18 wheelers. We have successfully represented injured persons in Los Angeles, the Bay Area and throughout the State of California who were injured as a result of serious and catastrophic trucking accidents says Peck Law Group Personal Injury Lawyer Steven Peck.

18 wheeler semi accidents should not be handled the same way as a normal car wreck. There are many regulations that apply to trucks and trucking companies which do not apply to the average driver. It is critical that 18 wheeler car wrecks are handled by an Peck Law Group Lawyer who has an in depth understanding and experience in handling these matters. In most instances, the trucking companies hire top notch truck accident attorneys who can easily out maneuver a lawyer who is not familiar with the specific truck accident law in this area and does not have experience in how to handle truck accident law.

Continue reading "Trucking Accidents Cause Serious and Catastrophic Personal Injury" »

The Peck Law Group lawyers know that a thorough and prompt investigation is essential to a good settlement or jury verdict in a truck accident case. Under California law, our client, the plaintiff, has the burden of proving how and why the accident happened. To the contrary, the negligent person who caused the accident can remain silent having no obligation to put on evidence of any kind at trial about who caused the accident.

This may not seem fair, but it is a fact our lawyers and clients must live with every day. Consequently, in a serious and catastrophic injury trucking case, where the stakes may be high because injuries and other damages are serious, our The Peck Law Group understand it is critical that an investigation begin immediately. Otherwise, evidence crucial to the outcome of our client's case may be lost forever.

The Insurance Company Investigation
Remember, you've got competition. Early accident investigation is important in most cases, but in crashes involving large trucks it can be decisive and insurance companies know this. It is standard practice for a trucking company's insurer to act within minutes or hours after a bad accident to secure evidence that may help its truck driver avoid accountability for his negligence.

Sometimes an insurance company acts so quickly its investigators arrive at the scene while the police are still there. Their purpose is to find all evidence that might exonerate their truck driver. They won't bother to document evidence that may help your case!

Of course, an innocent person injured through the negligence of a trucker cannot field a team of investigators as quickly as a trucking company can. However, by engaging an Peck Law Group lawyer to investigate your case as quickly as possible, you may be able to preserve crucial evidence that will help you win your case.

Eyewitness Accounts
Sometimes the most important testimony regarding causation in a truck accident case comes from independent eyewitnesses who saw the accident take place and recognize it was the defendant's fault. This type of evidence, especially when it comes from someone who is not acquainted with the plaintiff, usually makes a positive impression on jurors and is very important.

Finding these witnesses early-on and documenting their recollection of the accident while it is still fresh in their minds, is imperative. Nothing is more discouraging for an attorney than to track down a witness a year or two after an accident only to have that witness tell him the accident happened so long ago he really doesn't remember much about it.

Police Investigation
You want your Peck Law Group lawyer or a member of his staff to interview the law enforcement officers who investigated your case as soon as possible. It is rare for a police officer, sheriff, or state trooper to see an accident happen. However, the evidence they gather at an accident scene may play a critical role in the success of your case and reinforce eyewitness accounts. Where no independent eyewitnesses exist, a police investigation may provide most of the first hand evidence a jury will rely on to determine how your accident happened and who was at fault.

Law enforcement officers usually respond to serious truck accidents within minutes. They photograph the scene and the damaged vehicles. They measure skid marks and tire tracks. They examine vehicle debris and scan the area for radiator and brake fluid. When they investigate accidents involving death or severe injuries, they may also ask a special crash team to perform an accident reconstruction. Your lawyer wants to secure all this information early in your case so he can engage experts to help piece together what happened during your accident.

Although police officers ordinarily write up their findings in formal investigation reports, sometimes they don't include everything they know or remember. By interviewing these officers promptly, your lawyer can document what they remember but didn't write down. Like other eyewitnesses, a police officer's independent memory of an accident is likely to fade with time.

Many officers keep personal notebooks in their squad cars and make handwritten notes identifying eyewitnesses and quoting their exact words. They may not copy these notes, word for word, in their official accident reports. Worse, they sometimes throw away their personal notebook when it is full, when they change employers, or when they move. For all these reasons, a personal interview with an investigating officer in the early days of your case can reward you and your Peck Law Group lawyer with useful information that may not be available at a later time.

Continue reading "Serious and Catastrophic Truck Injury Cases Need Prompt Investigation" »

Tractor trailers are less maneuverable, start more slowly and take longer to stop than other vehicles. They are particularly susceptible to adverse road conditions. The average semi truck with trailer can range from 12,100 pounds to 80,000 pounds. The federal government even allows more and more trucks to operate at an overload capacity of over 80,000 pounds! That means a large commercial truck like an 18-wheeler weighs about 25 times the average automobile - up to 40 times more than some small cars. If a tractor trailer strikes a semi truck in the rear, it does not stop or slow appreciably. When you factor in the size of the truck with the speed and weight, you can see why the possibility of other vehicles becoming part of an accident is great. In fact, tractor trailer accidents account for an eighth of all traffic fatalities.

Another important factor in tractor-trailer accidents is the truck driver. In more than 80 percent of tractor trailer traffic accidents, the non-commercial driver is not at fault. Furthermore, most of the deaths or injuries in such accidents happen to the non-commercial driver. There are many reasons truck drivers become the cause of accidents. One of the critical reasons is fatigue. Semi truck drivers are nearly always at work behind the wheel and most of the drivers work long shifts. Truck drivers are supposed to be limited to 12 hour shifts. Truck drivers are required to keep records to log their hours of service. But, the nature of the trucking industry is that more miles means more money, but it also means more hours. There's always an incentive for truckers to push the envelope. Sometimes this means drivers carry two sets of books. One set of books records the real amount of time they've been on the road - those are the books that they get paid by. The other version records less time, shows everything being done by the rules - those are the books that a driver shows to the Department of Transportation. While there exist penalties for falsifying records, they are not very severe or effective at first. Yet, it only takes a few cases of abuse to make the road more dangerous.

When it comes to truck accidents, there is a web of players who may be responsible for a victim's injuries, including:

•the truck's driver
•the owner of the truck or trailer
•the person or company that leased the truck or trailer from the owner
•the manufacturer of the vehicle, tires, or other parts that may have contributed to the cause or severity of the accident, and
•the shipper or loader of the truck's cargo (in cases involving improper loading).
The trucking, hauling, and leasing companies often argue among themselves over whose insurance will compensate the victim. For example, the truck company might claim that the accident was caused by defective brakes. In turn, the brake company might then point the finger at the leasing company, claiming that it failed to maintain the brakes in good working order.

Can Trucking Companies Avoid Liability?
In the past, trucking companies often tried to avoid liability for trucking accidents by creating distance between themselves and the driver, the vehicle, and the equipment. Here's how they did this says California Personal Injury Lawyer Steven Peck:

The trucking company obtains the necessary permits to operate the truck. However, the company often does not own the tractor, trailer, or equipment used to haul the goods. Instead it leases (rents) the equipment, tractors, and trailers from the "owner/operator." The trucking company also does not directly employee the drivers. Instead, it hires them as independent contractors from the owner/operator.

The trucking company gives the owner/operator a "placard," which includes the name of the trucking company and its permit numbers. The placard is then affixed to the door of the tractor -- which makes it seem like the truck is owned by the named trucking company and the driver is an employee of the named trucking company.

If the truck is in an accident, and the trucking company is sued, it would argue that:

•the driver was not the trucking company's employee, so the trucking company is not liable for driver error, or
•the trucking company does not own the equipment, so it is not responsible for the operation, maintenance, repair, and inspections of the equipment.
Luckily, federal laws and regulations have put an end to these arguments. Under current federal law, any company owning a trucking permit is responsible for all accidents involving a truck that has its placard or name displayed on the vehicle. It doesn't matter what the lease says with the owner/operator or whether the driver is an employee or independent contractor

Continue reading "Who Is Responsible When It Comes To Truck Accidents Causing Serious Personal Injury?" »

If you are the victim of a trucking accident, the questions of who is responsible and what actually caused the accident are often much more complicated than in a simple traffic accident. There are many players involved, from the driver to the owner of the truck, and getting information about what went wrong often requires some industry know-how.

Understanding the common reasons for trucking accidents, and the relationships among the persons and entities connected to the truck, the trailer, and the load, will help you determine whether you have a valid claim and how you will present your case.

Truck Accident Statistics
Over the past two decades, the number of truck accidents has increased by 20%. According to the Federal Motor carrier Safety Administration (FMCSA), in 2002, 4,897 individuals died and 130,000 people were injured in crashes that involved a large truck. And even though large trucks are only responsible for 3% of injury-causing motor vehicle accidents, trucking accidents typically cause much greater harm than ordinary traffic accidents due to the large size and heavy weight of most trucks.

Laws Governing Truck Accidents
Federal laws and regulations govern the trucking industry. These laws establish certain standards that trucking companies, owners, and drivers must meet, and often determine who is responsible for a trucking accident. The bulk of federal regulations dealing with the trucking industry can be found in Title 49 of the Code of Federal Regulations.

Agencies that regulate truck driving include the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). Every state also has a department of transportation with its own set of trucking regulations.

Continue reading "Truck Injuries Can Be Devastating says Personal Injury Lawyer Steven Peck" »

Driver Fatigue leads truck drivers to fall asleep, be inattentive, misjudge gaps, ignore the signs of impending dangers, panic, freeze, and under- or overreact to a situation. Even though fatigue is a common cause of truck accidents, it is also the most preventable.

The Federal Hours of Service Rules Federal regulations (called the "hours of service rules") set forth rules to ensure that truck drivers obtain the necessary rest and restorative sleep in order to drive safely. Under these rules, truck drivers can work a maximum of 14 hours per day, during which time they can only drive for a maximum of 11 hours. The driver must be off-duty for 10 consecutive hours prior to the start of a shift. The driver also cannot drive after being on duty for 60 hours in seven consecutive days or 70 hours in eight consecutive days.

If you are in an accident where you suspect that the driver fell asleep or failed to react properly, you should determine whether there was a violation of the hours of service rules.

Proving an Hours of Service Violation In order to determine, and prove, that a trucking company violated an hours of service rule, get a copy of the truck driver's logs. Federal law requires drivers to record their driving information in structured driver's logs.

If the driver's logs are missing or are obviously inaccurate, there are other ways to discover how many hours the driver logged behind the wheel. Review the "trip tickets" or "bills of lading" for each delivery by the driver made in the few days leading up to the accident. Trip tickets and bills of lading include time stamps and entries by third parties that disclose the time that a load was picked up and when it was delivered. You can use these to calculate the amount of time that a truck driver was on the road.

Likewise, the trucking company can and should be monitoring the actual hours of service of its drivers and should not be able to hide behind the inaccurate logs of its drivers. Trucking companies who allow a driver to repeatedly "mislog" his or her hours of service expose themselves to liability for a lawsuit.

Continue reading "Driver Fatigue Is a Major Cause of Trucking Accidents says Personal Injury Lawyer Steven Peck" »

Nearly 3.5 million truck drivers fill America's roads and serve as an integral part of the nation's economy. Unfortunately, however, because of the prevalence and size of commercial trucks, truck accidents pose a significant risk to other motorists and pedestrians. The most recent data available shows that approximately every 16 minutes a person is killed or injured in a truck accident. Nearly 98 percent of fatalities involve the death of a driver or passenger not in the large truck.

Most Common Causes of Truck Accidents:
•Non-performance: Causes risk when a driver falls asleep, has a heart attack or is otherwise unable to drive due to a physical impairment
•Performance: These errors occur when a driver overreacts or panics and further increases the risk of accident
•Recognition: This occurs when the driver is distracted or otherwise inattentive to the road
•Decision: The driver follows another vehicle too closely, is going too fast for the road conditions or misjudges another vehicle's speed or direction
In approximately 4 percent of crashes involving fatalities, truck driver fatigue was listed as the primary reason for the crash. About .06 percent were caused by the driver's consumption of alcohol.

Preventing Crashes:
Truck accidents are an unfortunate danger on today's roads. If you or a loved one has been in a truck accident, contact a Peck Law Group attorney familiar with truck accident cases early after your accident. There is much-needed investigative work that should be done before the trucking company moves the vehicle. A safety inspection can be done and spoliation of evidence letters must be promptly handled.

Continue reading "Trucking Personal Injury Accidents Are Highly Prevelant On Our Highways" »

The statistics are out for 2010 for Semi Truck, Tractor Trailer, and Commercial Vehicle accidents in the U.S. And the numbers continue to go up. In 2010 over 500,000 Large Truck and Commercial Vehicles were involved in accidents; with over 100,000 people sustaining serious injuries, and over 5000 people dying in these crashes. This was compared to only 3200 deaths involving large trucks in 2009, according to the Insurance Institute for Highway Safety.

Don't expect these numbers to "flatten out" in the near future as over 20% more Trucks are expected to hit the roads by 2012. The problem is systemic since the more accidents that continue to occur, the more lawsuits are then filed, and the more backed up the court systems get. says Peck Law Group Truck Accident and Personal Injury Attorney Steven Peck. It is a problem for everyone across the board, since insurance companies in these types of cases are very slow to settle says Peck. However, most affected by this are the many innocent accident victims who have been seriously injured by commercial vehicles and desperately need representation to get them the financial help victims shall need for their pain and sufferinfg and lost income. Unfortunately, these statistics are troubling for accident victims since the trend only seems to be going higher and higher each year Truck Injury Lawyer Peck says.

Many safety groups have called for the U.S. DOT to increase safety regulations to stem the death toll due to the increasing high number of Semi Truck, Tractor Trailer, and Commercial Vehicle Accidents that continue to rise year over year. This is especially true in large states with large commercial truck traffic such as: California, Texas, New York, Florida, Ohio, Pennsylvania, and Arizona.

Continue reading "Trucking Accidents Will Cause Serious and Catastrophic Personal Injury" »

The great risks posed by large and heavy commercial trucks driving on the same streets and highways as passenger vehicles are well understood. Catastrophic injuries that result from truck accidents bear evidence to the terrible forces at play when a big rig slams into a smaller car, truck or van. Because big rig wrecks often result in catastrophic injuries -- traumatic brain injuries, spinal cord injuries, terrible orthopedic injuries, burns or even death -- truck accident lawsuits often involve not only development of liability theories, but also a complex assessment of the full extent of damages.

A crucial aspect of successfully obtaining full compensation for clients in truck accident cases is identifying all potentially liable parties. To do this, the lawyer must investigate not only the truck driver's role in the accident, but also the extent to which the trucking company, the truck manufacturer or other parties might also have contributed to the cause of the accident.

In Diaz v. Carcamo, the California Supreme Court recently resolved a case involving allegations of a truck driver's negligent actions as well as his employer's negligence in hiring and retaining the driver. At issue was whether, where the trucking company admits vicarious liability for the trucker's negligence, evidence of the company's negligent entrustment is also admissible.

Continue reading "Commercial Trucks Can Cause Major Catastrophic and Serious Personal Injuries" »

The NTSB's proposal to regulate cellphones while driving goes farther than any prior attempt made by the agency to regulate cellphone use by commercial drivers. It came in the wake of a hearing in Washington after ruling that a truck driver using his cellphone caused a crash that killed 11 people on a Kentucky interstate in 2010. Kenneth Laymon, 45, of Jasper had just made a call that lasted one second at the time of the March 26, 2010, accident on Interstate 65 near Munfordville, Ky., investigators said.

The recommendation builds on previous proposals and a push by federal authorities stop commercial drivers from using hand-held cellphones and texting while operating large trucks and buses. The NTSB has previously recommended prohibiting bus drivers from talking on the phone and texting while driving. The U.S. Department of Transportation also has a rule in place barring the use of hand-held phones by commercial truck drivers and similar regulations are in place for pilots, train engineers and boat operators.

Continue reading "Cellphone Use By Truck Drivers Can Be the Cause of Serious and Catastrophic Injury" »

A worker was reportedly killed in an accident involving a cement truck at a local work site

The 49-year-old man, a subcontractor , was run over by cement truck while working at a construction site says Los Angeles Personal Injury Lawyer Steven Peck.

The man's job was to test concrete and stone to make sure it meets standards. He reportedly poured a sample into a wheelbarrow and was taking it to his truck when he heard the beeping signal from the cement truck that was backing up.

Witnesses say he was hurrying to get out of the way of the truck when he stumbled over the wheelbarrow and was run over by the vehicle causing his wrongful death.

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There are many reasons why car and trucking accidents cause serious and catastrophic injury in construction areas says California Personal Injury Lawyer Steven Peck.

Speeding

One of the most common culprits in car accidents and highway construction is speeding, which can lead to losing control of one's vehicle and rear ending the cars in front of you. Although speed limits are almost always reduced around construction sites, many people continue to blaze through complicated road construction projects at normal highway speed. To discourage speeding in and around construction sites, many states have now passed laws doubling fines in work areas.

Failing To Obey Posted Instructions

Some drivers are either so impatient, or so impaired by alcohol or other substances, that they don't pay attention to special traffic signals or even road closures around construction areas. The result can be crashes with oncoming cars, accidents that occur when a driver crashes into a boarded off area, or accidents that occur when a driver runs his or her car off the road.

Not Paying Attention to Workers

Not paying attention to workers is another reason for car accidents in highway construction zones. We've all seen construction workers at road work sites. Workers doing manual labor are not always immediately visible and are vulnerable to being struck by drivers who are going too fast or who simply aren't focusing on the environment around them. To protect construction workers, many states have enacted laws mandating stiff fines and even jail time for anyone who hits a worker.

Merging Issues

Merging when construction narrows a highway can become a matter of manners--or lack thereof. Some drivers merge as soon as they see signs that the highway will be narrowing. Others drive as fast as they can to the point where the lane is actually blocked, and then expect other drivers to let them in. Merging without paying attention to what the cars in front of and behind you are doing can lead to car accidents caused by construction.

Statistics show that most car accidents caused by construction occur at the beginning of construction areas, when drivers may be trying to merge, driving too fast, or simply not giving complex construction their full attention. You can avoid being in car accidents caused by construction by lowering your vehicle's speed, obeying any special signals or directions, watching out for construction workers, and merging courteously.

Continue reading "Car and Trucking Accidents Cause Serious Personal Injury In Construction Zones" »

Commercial vehicles such as eighteen-wheelers and other large freight carriers are a unique presence on roads that are occupied mostly by small passenger vehicles, and commercial vehicles present dangers that are also unique. Not only do commercial truck drivers need to be aware of the special circumstances presented by the large vehicles they are driving, but other drivers on the road also need to use caution in their presence. Especially on major highways and at higher speeds, seemingly insignificant driving errors that may occur without consequence where small vehicles are concerned can result in catastrophe when an eighteen-wheeler is involved.

Following is a discussion of some common situations that can cause or contribute to commercial truck accidents.

Unsafe Acts By Passenger Vehicle Drivers

Oftentimes a traffic accident between a passenger vehicle (i.e. a car) and a commercial truck is caused in part by an unsafe act on the part of the car driver. The factor most common in collisions involving passenger vehicles and large trucks is car drivers' ignorance of a truck's performance capabilities, including limits associated with acceleration, braking, and visibility.

Some common unsafe acts committed by car drivers in the vicinity of large trucks include:

* Driving in the "No-Zones" - the areas behind and beside a commercial truck where the truck driver has limited or zero visibility
* Changing lanes abruptly in front of a truck
* Maneuvering to the right of a truck that is making a right turn.
* Misjudging an approaching truck's speed at an intersection, and making a left turn in front of the truck.
* Merging improperly into traffic, causing a truck to maneuver or brake quickly.
* Failure to slow down or speed up when a truck begins to change lanes or merge.
* Unsafe passing, particularly passing with insufficient headway.
* Passing a truck, then being blown out of position by air turbulence or cross-wind.
* Pulling into traffic from the roadside in front of a truck without accelerating sufficiently.
* Driving between large trucks.
* Abandoning a vehicle in a travel lane, or failing to get a disabled vehicle completely off the highway and onto the shoulder.

Dangers Presented By Commercial Truck Drivers

Commercial truck drivers are skilled and patient drivers, for the most part. However, in addition to the dangers inherent in the size and weight of the trucks used in commercial transportation and shipping, a number of characteristics inherent in the business can contribute to traffic accidents. These include:

* Inadequate training as to driving technique, safety concerns, and defensive driving.
* Systems of compensation that encourage faster vehicle speeds and more hours of consecutive vehicle operation than would normally be advisable.
* Unrealistic schedules and expectations of trucking companies that encourage drivers to hurry, despite safety risks involved.

Continue reading "Commerical Trucks Present Unique Dangers Attributable to Serious and Catastrophic Injury" »

Trucking company negligence is a threat to truck drivers as well as anyone else on the road. If a trucking company fails in even one regard to follow through with their obligations to employees and the general public, they may be facing legal action.

Types of Trucking Negligence

A trucking company can fail to follow protocol in many ways, including:

* Hours of service violations- working drivers too hard, compromising their ability to drive safely.
* Negligent hiring- employing people with criminal records or those who do not meet the standards of a trucking company.
* Failure to train- large trucks and 18 wheelers require special training to operate because of their extreme size and weight difference from other cars. If drivers are not trained, they can cause serious accidents.
* Failure to maintain vehicles- failure to perform regular inspections and required maintenance on vehicles.

Continue reading "Trucking Company Negligence is a Threat To Personal Safety Indicates California Personal Injury Attorney Steven Peck" »