Trucking accidents take place every year, and they are more common than most people assume. In the US, approximately 500,000 trucking accidents occur every year, and of these accidents around 5,000 result in loss of life. Even though truck drivers receive far more training and are taught to be cautions drivers, one out of every eight accidents is a truck driving accident. This is due to a variety of reasons:
There are many differences between car accidents and truck accidents because there are many rules that apply solely to truck accidents and not car accidents. The federal government heavily regulates the truck industry: trucking companies and truck drivers. Truck drivers are required by law to have a special license and undergo specific training. They must complete a specialized training program on how to handle and drive their trucks safely, and how to load and unload the truck.
If you have been in a truck accident and the truck driver did not complete his specialized training or does not have the specific law required license, then you can bring suit against the truck driver for a violation of these laws. Our attorneys may also be able to file suit against the trucking company for bodily injury or death, if they failed to check the truck driver’s credentials. This option is unavailable for car accidents.
You can also file suit against the trucking company and the driver if you discover that the truck driver has been on the road longer that permitted by law. The “hours of service law” limits the number of hours a truck driver can continuously be on the road. A truck driver is permitted to drive a maximum of 11 continuous hours in a 14-hour workday, after which they are required to take a mandatory 10-hour rest period.
Furthermore, truck drivers are required by federal law to carry certain minimum limits of protective insurance coverage, which is typically much more than a regular car carries. Due to this, there is generally much more monetary compensation available to the injured party’s. It is highly recommended that you consult with an experienced truck accident attorney at our office about your case because he or she will ensure that you receive all of the compensation that you are entitled to. Our attorneys will able to evaluate your case and advise you on the best legal options available to you.
There is nothing that can protect you and your passengers in an automobile collision better than a set belt. Every year, thousands of people are saved because they were properly wearing a seat belt. According to the Center for Disease and Control, wearing a seat belt reduces the chance of loss of life by 60 percent.
Often times however, seat belt defects occur, resulting in severe injury and even death. To determine whether a seat belt defect caused your injuries answer two question: Where you properly belted, and would the injury be less severe with a properly designed seat belt? If you answered yes to both questions, you may be a victim of a seat belt defect.
In general, during a collision a properly designed seat belt should remain on the strongest body parts, such as the pelvis and shoulder. An improperly designed seat best usually injures other areas, such as abdomen, upper thighs, lower arms, or face. You may prove that the seat belt malfunctioned if you have marks, abrasions, bruising, or other injuries in these areas. It is vital that you take photographs and even video recode all of your injuries shortly following the vehicle accident. Moreover, in order to build a strong case, you must obtain all available information regarding defect investigations, recall, safety standards, crash testing, technical papers, similar litigation, and internal manufacturer’s documentation. Your attorney will conduct an extensive investigation and obtain all of the relevant information.
You should focus on the following these steps if you believe that you were a victim of a defective seat belt. First, you must secure the evidence, which is your vehicle. Do not allow a third party to store your vehicle for you unless it is in an indoor locked facility, and you obtain written confirmation of this. If you do not receive written confirmation, arrange to store the vehicle yourself. You should also document and keep a record of the chain of custody, including all inspections and transfers of the vehicle even by your own experts. Further, never allow any alterations without agreement from all of the parties involved in the lawsuit.
It is also important that you understand defective belts to a certain degree and are aware of the type of defect that took place in your vehicle. Some seat belt defects you may have experienced are belt failure—inadvertent unlatching, poor coupling—the belt slack may have allowed excessive driver or passenger movement, or poor geometry—the belt may have shifted from your shoulder and pelvis to vulnerable areas. You can possibly determine the seat belt defect based on the injuries you sustained, so it is important that you obtain a copy of your medical record. You medical record will assist in determining which party is liable.
If you believe that you are a victim of a defective seat belt, contact an experienced Stockton personal injury lawyer and have your case evaluated. The initial consultation is usually free. Also, do so before negotiated your case with any of the parties involved including your insurance company and the manufactures. Your attorney will help protect your legal right to all forms of compensation, ensure that you are not taken advantage of, and that you are fairly treated during this process. Contact our law firm today for the best legal representation in Northern California.
Recovering compensation after an auto accident is not always easy. Sometimes the insurance company’s work fast and resolve issues, other times there could be significant delay. If you’ve been involved in a car accident with or on government property, recovering compensation becomes a lot more tricky. It is not easy to sue the government in California. Thanks to a legal concept known as sovereign immunity, governments, their agencies and their employees are protected from many kinds of liability, and that includes responsibility for auto accidents.
There are special rules to follow if your accident is partially or fully caused by a government entity or its employee. Make sure to contact an experienced auto accident attorney in Stockton who has experience handling such cases. Before you decide to sue the government or government employee, you have to ensure that the conduct you are alleging is exempt from the broad immunity from liability. Again, the best thing to do, is contact an attorney for help.
Despite the sovereign immunity governmental entities are privileged to have, the federal government has enacted some form of legislation that effectively “waives” this immunity. However, there are strict procedural rules you must follow. The timeframe by which you must file your case is dramatically shorter than that for other personal injury claims. You only have 180 days, or 6 months, from the date of the injury or the death of a loved one to file a claim. This short timeframe is to give the government a huge advantage over the public which is why it’s extremely important you consult with an accident attorney.
Once the claim is filed it can be denied or approved. If it is denied, the person seeking compensation has another six months to file a lawsuit seeking compensation. If the government entity does not respond to a claim within the allocated time, the injured person can proceed with filing the lawsuit and has two years from the date of the injury within which to file.
If you miss the deadline, file your claim anyway, along with an explanation of why it is late. Sometimes, the government may still grant you permission to file the claim.
If you or a loved one has been injured in an accident it is important to speak with an experienced accident lawyer today. Lance Friel will advise your of your rights and help you through this difficult process. Call today (209) 464-8000 to speak with a qualified Stockton accident attorney now.