Richmond Truck Accident Lawyers
We Partner with You to Achieve the Best Results.In the blink of an eye, your life can flash before you. If you were involved in a collision with a commercial truck, you may remember time stopping as you watched the truck pummel toward you. After such a traumatic event, it is normal to feel overwhelmed, angry, and confused about what to do next.
As you struggle with your next steps, a lawyer can help you pursue financial compensation from the parties responsible for any losses you incurred. Due to the strength of impact, injuries and property damage in commercial truck collisions can be catastrophic.
It’s important to seek the guidance of a qualified Richmond truck accident attorney to explore your options for financial relief. Today we’ll discuss the common causes of commercial truck accidents and what evidence may be useful in building a strong case.
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Common Causes of Truck Accidents in California
Determining the cause of your collision will help indicate who may be at fault for your injuries and property damage. While truck accidents occur for many reasons, Richmond truck accident lawyers see the following causes most frequently.
- Driver fatigue. Despite federal regulations limiting the number of hours truckers can drive before they must take a rest, many drivers continue on longer and become fatigued. When drivers fail to adhere to these regulations and drive while drowsy, they increase the likelihood of a devastating collision.
- Reckless driving. Commercial trucks are extremely large and heavy vehicles that take a long time to stop when road conditions suddenly change—so driving them requires extra care. Engaging in dangerous behaviors like speeding, improper lane changes, or tailgating greatly increases the chances of causing a serious crash.
- Poor maintenance. Truck drivers, their employers, and trucking companies must regularly inspect their fleet for maintenance issues. Regularly replacing worn brakes, broken lights, and worn tires helps to prevent these types of accidents.
- Improper loading. Truck drivers must properly load their cargo. Improperly loading a commercial truck with imbalanced or overloaded cargo can cause a truck to lose control or jackknife across multiple lanes of traffic.
- Inadequate training. Trucking companies must undertake certain safety protocols, ensuring that their drivers operate the fleet in a reasonable manner and adhere to all rules and regulations. For example, trucking companies should perform background checks and require all drivers to attend and pass driver training and safety courses.
- Driving under the influence. Driving while intoxicated by alcohol or drugs is against the law. Alcohol and drugs greatly impair a driver’s ability to operate their truck safely and seriously endanger the lives of others on the road.
Richmond truck accident lawyers work to uncover the cause of your accident to find out who is responsible for your injuries.
What Evidence Is Used to Help My Case?
Gathering useful evidence is an important initial step in constructing a strong case. Truck companies, drivers, and insurance companies do not want to pay an injured victim, even if they are responsible. Strong evidence makes it impossible for the liable party to escape paying the financial compensation you deserve.
Police Accident Reports
A Richmond truck accident attorney knows the importance of retrieving a copy of the police accident report. Accident reports provide unbiased information from a reporting officer at the scene of the collision. They provide facts such as time, date, place, parties involved, and where the collision occurred. The report may also include useful facts such as the officer’s opinion regarding fault and the potential cause of the collision.
Black Box Data
Most commercial trucks have black boxes that record certain data, including vehicle speed, acceleration, brake usage, steering, and safety features like seat belts and airbags. Black boxes also monitor a driver’s hours. Drivers are required by law to take several breaks and black box data may prove that before colliding with your car, a truck driver drove for long hours without taking a break.
Vehicle Maintenance Records
Equipment malfunctions such as tire blowouts or failing brakes may be due to a truck company or driver’s failure to properly maintain their vehicle. Your Richmond truck accident lawyer reviews copies of a company’s maintenance and inspection records to determine whether substandard vehicle upkeep led to the accident. Others may be liable for a collision due to equipment failure, including the driver, the employer, or a mechanic who provided negligent work.
Electronic Data Logs
Electronic data logs (EDL) digitally create a Record of Duty Status (RODS). These logs track and record a driver’s compliance with hours of service requirements, with an eye to holding the driver accountable for adhering to proper safety standards. Deviations from these safety protocols could help establish the driver’s liability.
Photographs and Videos
If you were physically able, you may have recorded evidence from the scene of the accident through photographs or videos. Surveillance video may exist from cameras posted at intersections or at nearby businesses. Photographs and video footage can assist accident reconstructionists in recreating the accident and the events leading up to the collision.
What Is the Statute of Limitations for Truck Accidents?
A statute of limitations is the period within which you must file your lawsuit. Failing to do so within this period bars you from filing a claim at a later date. In California, the statute of limitations for truck accident lawsuits is two years from the date of the incident.
Two years may seem like plenty of time to file a suit. However, recovering from your injuries, researching and interviewing potential attorneys, gathering evidence, putting together a case, and trying to negotiate a settlement takes time—and all of that should happen before you file a lawsuit with the court. Speak to a Richmond truck accident lawyer soon after your collision to avoid missing this crucial deadline.
While exceptions to the statute of limitations exist, courts only grant exceptions in specific circumstances. For example, victims who were minors at the time of the accident can toll the statute of limitations until they reach 18. Likewise, the statute of limitations tolls for a victim who was physically or mentally incapacitated until they regain capacity. If you didn’t act within the specified time, a qualified attorney can assist you in reviewing whether any potential exceptions may be available to help you.
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For over 40 years, Wells Call Injury Lawyers have recovered hundreds of millions for clients when they needed it most. Even in the most unique and difficult personal injury and wrongful death cases, our legal team has demonstrated a superior ability to achieve justice for those harmed due to someone else’s negligence. While we never guarantee a certain outcome, our strong track record of success puts our clients at ease and helps them know they are in good hands.
We are dedicated to getting you started on the road to recovery by helping you get the medical treatment you need, dealing with insurance companies, and pursuing the maximum amount of compensation you deserve. We never charge our clients a fee unless we successfully secure a settlement or judgment on your behalf.
Contact us today by phone or email to get a free case review and learn more about how Wells Call Injury Lawyers can help you!