Common Trucking Accident Questions

Q: If I was seriously injured in a trucking accident, who am I allowed to recover my damages from?

A: Because of the negligence of a truck driver, you as the innocent victim in the trucking accident may recover monetary compensation for your emotional, mental, and physical damages from:

• Cab Manufacturer;
• Employer of Tractor-Trailer Driver;
• Freight Owner;
• Parent Company of Truck Owner;
• Parent Company of Employer of Big-Rig Tractor-Trailer Driver;
• Trailer Manufacturer;
• Trailer Owner;
• Tractor-Trailer Cab Owner;
• Tractor-Trailer Driver;
• Truck Manufacturer;
• Truck Owner;
• Truck Part Manufacturer; and
• Third-Party Truck Maintenance Company.

Q: Should I talk to the Truck Driver’s Insurance Company?

A: After you or a loved one has been seriously injured in a trucking accident, the truck owner’s insurance company will attempt to contact you to speak with you about the injuries you sustained in the trucking accident.  Do not speak with or communicate with any of their insurance companies or insurance agents, as they are attempting to limit the value of your case.  Additionally, never speak with adjusters  and never sign anything they offer without first consulting a Burbank Glendale Pasadena Trucking Accident Attorney.  Upon hiring our Burbank Glendale Pasadena Trucking Accident Lawyers, we will be speaking with their insurance companies to maintain your ability to recover the maximum compensation for your truck accident injuries.

Q: What can I recover for my trucking accident injuries?

A: You are entitled to recover money damages for your mental, physical and emotional injuries directly resulting from this trucking accident.  While the exact monetary compensation you may recover varies from case-to-case, generally compensation for your trucking accident injuries includes:

• Medical Costs;
• Medical Expenses;
• Loss of Quality of Life;
• Lost Future Earnings,
• Lost Wages;
• Pain and Suffering;
• Special Damages; and
• Other damages.

Q: What compensation can I recover for a Truck Accident Wrongful Death Claim?

A: If a loved one was killed in a trucking accident, you may bring a trucking accident wrongful death claim, and upon a showing that there was a wrongful death directly resulting from the trucking accident, you may recover:

• Loss of Care and Companionship;
• Lost Economic Contributions;
• Funeral Expenses; and
• Other Associated Damages.

Q: What are some causes of Truck Accidents?

A: Truck accidents may occur for various reasons, but some of the most common reasons for trucking accidents in and around Burbank, California include:

• Truck Driver Error;
• Truck Driver Negligence;
• Truck Driver Fatigue;
• Poor Truck Maintenance;
• Truck Manufacturing Defects, such as tires or brakes;
• Overloaded Trucks;
• Imbalanced Truck Loads;
• Unsecured Truck Loads;
• Poor Road Conditions;
• Excessive Speed; and
• Hazards in the roadway.

Q: What Does a Truck Driver Have to do to be Able to Drive a Tractor-Trailer Truck?

A: Drivers of semi tractor-trailers, big-rigs, 18 wheelers, and commercial vehicles weighing 10,000 pounds or greater are required to qualify and carry a commercial driver’s license, otherwise referred to as a CDL.  Truck drivers having a commercial driver’s license may then transport cargo in their tractor-trailer truck in any U.S. state.

Q: What Regulations Govern Truck Drivers?

A: The U.S. Department of Transportation (DOT) is the governing body which regulated the trucking industry.  Additionally, states may pass regulations with respect to truck drivers when the trucks are in their state.  Commercial truck drivers are also required to abide by and follow the Federal Motor Carrier Safety Regulation Act which sets forth safety regulations for truck drivers.

Q: How is it Determined How Much a Tractor-Trailer Can Legally Carry?

A: Commercial trucks may carry a given amount of weight per axle.  The more axles on the tractor-trailer truck, the higher the maximum weight the truck is permitted to carry.  Specifically for an 18-wheeler, the maximum weight the tractor-trailer may carry is 80,000 pounds, which is the equivalent of 40 short tons.  Truck drivers are required, however to abide by the various state limits on maximum weight, where some states have far stricter weight limits.

Q: Do Commercial Trucks Have Insurance?

A: All commercial trucks which are governed by the Department of Transportation are required to carry at least $750,000 in liability insurance coverage for bodily injury or death.  Each individual state may also require minimum liability coverage which may exceed the $750,000 required by the DOT, but no state may make the insurance coverage lower than the federally mandated amount of $750,000.

Q: I Was Seriously Injured in a Trucking Accident in Burbank, How Much Money May I Recover?

A: If you were a victim in a truck driving accident, you are entitled to recovery of your lost wages, medical bills, future medical expenses, future lost earnings, pain and suffer, as well as loss of quality of life.  If the trucking accident resulted in a wrongful death, the deceased’s family members may bring a wrongful death action and may recover money damages for lost economic contributions, loss of companionship, loss of parenting, medical expenses, as well as funeral expenses.

Q: How Long Is Too Long In Bringing a Truck Accident Claim?

A: Generally, there is a two year statute of limitations on truck accident personal injury claims or a two year statute of limitations from the date of death in a fatal truck driving accident.  While statute of limitations may vary from state to state, it is essential that you contact a professional truck accident attorney immediately to discuss the facts surrounding your trucking accident.  If the statute of limitations has elapsed, even if you or your loved one was seriously injured or killed in the trucking accident, you will be unable to recover any compensation, so call us today at 800-704-8237 so we can assist you in recovering compensation for your injuries.

Q: Who can Sue In A Fatal Truck Accident Case?

A: In a wrongful death action, the family members may bring a wrongful death action against the truck driver, the trucking company or any other company which has a relationship with the truck, including the relevant insurance company.

Q:  Are Investigations Important In Determining Liability In Truck Accident Cases?

A: Investigations into the negligence of the truck driver as well as the driver’s compliance with the Department of Transportation regulations may make liability much easier to prove.  If during the investigation it is determined that the truck driver violated the federal regulations, the state regulations, was intoxicated or inebriated.  Violations of these and other regulations may be difficult to find if the investigation is delayed even a few days after the accident, where the truck driver may attempt to recreate a new trip log which does comply with DOT regulations, where the current (correct) log has blatant errors or falsities in it.  If you believe that the truck driver has failed to follow the necessary regulations, contact one of our Trucking Accident Lawyers so an investigation may be initiated where the truck driver may be given a drug test, a DUI test, as well as his trip log being reviewed.  Contact us immediately if you or a loved one has been injured in a truck accident at 800-704-8237.

Q: When Should I Contact a Trucking Accident Lawyer?

A: A Trucking Accident Lawyer should be contacted immediately after a trucking accident to guarantee that evidence is not lost or destroyed.  Our trucking accident law firm provides a free confidential initial consultation to discuss the merits of your trucking accident case, so you can only benefit from contacting our trucking accident attorneys.  The longer you wait to contact our attorneys, the more difficult it may be to contact witnesses, and their memory may fade the longer you wait.

Q: What Will It Cost Me To Hire a Trucking Accident Lawyer?

A: The Trucking Accident Law Firm of David D. Diamond will represent you on a contingency basis once you hire us as your trucking accident attorneys.  There are no upfront costs to hiring our lawyers.  Once we have successfully represented you in your trucking accident case, only then will we be paid attorney’s fees which are a reasonable percentage of your received monetary compensation.  Otherwise, there are no out-of-pocket expenses that you must pay.  Please call us today at 800-704-8237 for a free confidential initial consultation.