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Pursue Maximum Compensation with An Experienced Trucking Accident Attorney
A trucking accident attorney with McKinley, Conger, Jolley & Galarneau, LLP, in Stockton, CA, can help you and your family recover if a large commercial truck has caused you to suffer an injury. It is important to secure excellent legal representation not only because trucking companies often have extensive legal resources, but also because your future is at stake. The cost of medical treatment following damages caused by a big truck can be colossal, and the emotional turmoil that accompanies the recovery process can be overwhelming. Our attorneys make it their mission to secure the compensation you deserve so that you can begin rebuilding your life.
Losses following a Trucking Accident
To establish the extent of personal injury, property damage, and other losses you have suffered, we conduct a thorough assessment of:
- Your injuries
- Your vehicle
- Property damage to items inside your vehicle
- Lost work time
- Lost capacity to work
- Loss of job
- Insurance expenses
- Towing and storage bills
- Pain and suffering
Establishing Liability and Cause
Our trucking accident attorneys understand the standard of evidence needed to establish liability in these cases. Trucking accidents are often caused by a direct collision but maybe the result of a rollover or an insecure load. Rest assured that our team is prepared to gather the right evidence for your case, regardless of the circumstances. This means also investigating the driver, the trucking company, manufacturers of the truck, and other parties.
Trucking accident cases require an acute understanding of the trucking industry, including federal and state regulations, and our attorneys have vast experience in this area. We can find out if the truck driver was operating the vehicle under the influence of alcohol or drugs, failing to take the required rest periods, driving aggressively, or driving with an improperly secured load. Our attorneys can also uncover any wrongdoing on the part of the company, such as placing pressure on the driver to disobey regulations in order to meet tight deadlines. Meanwhile, we can examine the vehicle itself to determine if any negligence on the part of the manufacturer may have resulted in a faulty component that contributed to the accident. Once we have identified the responsible parties, we will aggressively pursue the restitution you deserve while you concentrate on healing.
Trucking Regulations
Due to their size and weight, commercial trucks have the potential to be incredibly dangerous. In order to protect truck operators and other drivers on the road, several laws are in place to strictly regulate the actions of truck drivers and the companies that employ them. The Federal Motor Carrier Safety Administration (FMCSA), along with a variety of state-level agencies, is tasked with regulating and providing safety oversight for commercial motor vehicles (CMVs).
Federal Trucking Regulations
The majority of trucking regulations are set at the federal level by the FMCSA. These rules cover a range of aspects of the trucking industry including:
- Rest requirements
- Proper driver training and qualifications
- Truck Size and weight
- Hours of service
- Maintenance of the vehicle
Federal laws are intended to reduce the number of accidents and improve safety for motorists, as well as commercial truck drivers. Unfortunately, trucking companies and drivers regularly ignore or violate the safety provisions set forth by the FMCSA.
California Regulations
In addition to federal laws, California has specific regulations stemming from a variety of agencies, such as the California Department of Transportation, Department of Motor Vehicles, and California Highway Patrol. For example, truck drivers in California are subject to the laws regulating rest requirements for hourly employees. Drivers must take a 30-minute break within their first five hours of work, and a second 30-minute break if they work more than 10 hours on the same day. In addition, they qualify for a paid 10-minute break every four hours on the clock. These requirements must be met, in addition to the federal hours of service regulations set by the FMCSA.
Common Violations
Some of the most common causes of truck accidents directly relate to violations of FMCSA regulations. These causes include:
- Trucking companies failing to properly educate their drivers and employees on related regulations
- Companies hiring or retaining drivers who were caught driving under the influence of drugs or alcohol
- Trucking companies encouraging their drivers to violate regulations by refusing to pay for inspections, skipping required rest time, or failing to take time out of service due to safety concerns
Drivers are also required to use extreme caution while operating a vehicle in hazardous conditions and discontinue operation if conditions become sufficiently dangerous. Failure to comply with any FMCSA or California trucking regulation places everyone else on the road at risk.
Truck accidents are highly complex and require an advanced understanding of the laws and regulations which affect commercial vehicles. Our team at McKinley, Conger, Jolley & Galarneau, LLP, has helped many clients successfully collect compensation in a variety of accident cases. We will work tirelessly on your case to hold any negligent parties responsible for their actions while you and your family focus on healing.
