Truck Accidents

Practice Areas > Truck Accidents

Call us at (831) 515-1010 to discuss your truck accident

Santa Cruz Truck Accident Lawyer 

Unlike passenger vehicle accidents, commercial truck accidents in California can be uniquely dangerous. The nation’s economy runs on the swift and efficient movement of goods across the country and demand has amplified the need for faster and bigger, often putting truck safety laws aside to push the schedules of truckers to the maximum. This puts many motorists’ lives in peril daily on our roadways. 

When drivers are injured in a trucking accident, there can be multiple points of blame. The complexity of a trucking accident in California often demands that an injured party get the help of a truck accident attorney to help them navigate an often complicated injury claim. Wave Law Firm can help you go up against a large commercial enterprise or even a smaller trucking company or owner/operator.  

Trucking Accident Data in California

How prevalent are trucking accidents in California? The data paints a concerning picture. According to the FMCA, statistics involving truck accidents in our state show alarming information.

California is one of the top 10 states for trucking accidents and their related injuries and fatalities. At Wave Law Firm, we see firsthand that accidents involving large trucks are on the rise with fatalities increasing by 42 percent over the last decade. 

 In Northern California, many of the truck accidents near Santa Cruz occur on:

  • Highway 17

  • Highway 1

  • Highway 9

  • Highway 156

  • Highway 183

  • Highway 152

  • Highway 129

  • Highway 68

  • Highway 85

  • Highway 101

  • Highway 99

  • Highway 580

  • State Route 65

  • Highway 880

  • Highway 280

  • Highway 237

  • Highway 87

  • Highway 238

In Southern California, the majority of truck accidents occur on I-5, I-10, and I-75 with most occurring in Los Angeles County. Add that to the amount of international goods being transported from Mexico along our rural routes and you have a unique recipe for disaster. 

With trucking accidents on the rise, having the expertise of a California attorney helps you maneuver the complicated mire of trucking laws as they may pertain to your accident to get the compensation you deserve for your injuries. 

Trucks on highway

How Do Truck Accidents Differ from Other Motor Vehicle Accidents?

The sheer size of most commercial freight vehicles makes them inherently far more dangerous in an accident situation. When these large vehicles, often weighing in excess of 80,000 pounds, hit the average passenger vehicle, accidents and injuries resulting from these accidents can be catastrophic. 

  • Injuries can be substantial -- The impact from a large freight hauler can lead to injuries and fatalities that will impact a victim and their family for months, years, or even a lifetime. 

  • Greater medical costs and other damages -- The larger the accident and more extensive the injuries, the greater the financial implications from hospital and medical interventions to long-term care and wage loss. 

  • More property damage -- When a car meets a commercial truck in a collision, the car typically loses. The losses to your vehicle and the damage to surrounding property increase exponentially in a trucking accident.

  • Determining liability -- In terms of a trucking accident claim, liability is a key factor. Trucking accidents are more complicated when trying to determine negligence and liability. Because large companies have similarly large insurance policies, the associated insurance companies have much to lose in a claim. This is when it is critical to retain a lawyer to protect your rights to fair financial compensation for your injuries. 

  • Increased chances of fatality -- When an accident involves a large commercial vehicle, there is a far greater chance of a fatality, The FMCSA has reported 3,000 to 5,000 fatalities caused by truck accidents each year. In cases of wrongful death, a skilled truck accident attorney can assist particular family members in bringing a claim of wrongful death on behalf of the deceased family member to recover compensation for losses. 

How Do You Prove Responsibility in a Truck Accident?

Trucking accidents and their resulting injury claims are complex due to the many potential points of responsibility possible in an accident. Liability can lie with  

  • The driver

  • The trucking company

  • The owner of the truck

  • The company leasing the truck

  • The company leasing the trailer

  • The party requiring the transportation of the load

  • The manufacturer of the truck

  • The party who was responsible for maintaining the truck

A truck accident claim can become further complicated when trying to establish a case of negligence:

  • Did the driver lack experience?

  • Did the driver have adequate training?

  • Did the driver ignore traffic laws?

  • Was the driver operating the vehicle while drowsy or impaired?

  • Was the truck overloaded?

  • Were there road hazards?

  • Was there an equipment failure or lack of maintenance? 

When it comes to claims for truck accidents, the complicated process of proving fault and liability should be left to a California truck crash lawyer. 

Common Causes of Truck Accidents

Like any other type of motor vehicle, many circumstances can cause a trucking accident, but there are some that are particularly common to the trucking industry. These are:

  • Driver error -- Given the schedule demands and mileage goals that truckers put on themselves and their employers put on them, drowsiness, speed, impairment, and distraction are common causes of truck accidents on our roads

  • Vehicle maintenance -- The sheer mileage of these vehicles demands an incredible level of vehicle maintenance, and yet downtime can create a hit to the company’s bottom line. When large trucks aren’t consistently maintained, everyone else on the roadway is at risk. 

  • Cargo that is improperly loaded or secured -- When cargo is improperly loaded or secured, it can cause cargo to spill onto the roadway, causing a potential accident. Shifting cargo can also create an imbalance that can cause a rollover and incredible hazard to other drivers. 

  • FMCSA violations -- The Federal Motor Carrier Safety Administration operates and maintains regulations to ensure the safety of trucking operations. Carrier companies will often skirt regulations in order to meet schedule demands. Unfortunately, this puts both truckers and other drivers on the road at risk for accidents and injuries. 

How Unrealistic Trucking Schedules Cause Accidents

One of the main causes of trucking accidents today is the pressure that truck drivers feel to get their cargo to its destination on time. Although the FMCSA regulates the amount of time a driver can be actively behind the wheel in pursuit of a delivery, many drivers feel pressured to meet unrealistic deadlines. This leads to everything from drowsy driving to manipulating driving logs to get around regulations. 

When a driver is operating a large commercial vehicle while feeling pressured to meet timelines that aren’t safe, it can cause dangerous accidents that injure many innocent drivers on the road. 

Hours of Service (HOS) Violations

One of the most common causes of trucking accidents today is driver fatigue. Current data shows that operating a vehicle while drowsy is as dangerous as drunk driving. Although the FMSCA highly regulates the amount of time a driver must rest between driving sessions, these regulations are often violated in order to meet pressured scheduling deadlines. 

Hours of service regulations limit the hours that a trucker can spend actively driving and require that they take breaks to alleviate fatigue. These must be logged into a book to show that the driver has adhered to regulation. Unfortunately, falsification is rampant when it comes to log books and violating HOS guidelines. A driver who has falsified records can be held liable for an ensuing trucking accident. 

If you have been involved in a truck accident and you suspect that the driver has fallen asleep at the wheel, it is critical to get the assistance of a skilled personal injury attorney in California to investigate your accident and protect your rights to compensation for any injuries you may have sustained. 

How Speed Factors Into Truck Accidents

A speeding truck is an accident waiting to happen. Given the weight of the truck and the added weight of the cargo, a truck driving at high speed has increased momentum which can be a disastrous combination. Large commercial vehicles driving at high speeds create dangerous scenarios. The driver will be less capable of stopping with a higher susceptibility of losing control and hydroplaning, jackknifing, and rollovers. Shifting cargo, instability, and an added susceptibility to weather conditions at higher speeds make speeding even more dangerous.

If a large truck is involved in a speeding accident, it’s not necessary for the driver to be cited. Many commercial vehicles now have information devices that can show how fast the driver was moving at the time of an accident. If you have been injured in an accident with a speeding truck, consulting with a California truck accident lawyer is critical to help establish if a driver was moving at a high speed.

How Does a California Truck Accident Lawyer Protect Your Rights After an Accident?

Getting the expertise of a skilled truck accident attorney is pivotal to a claim for compensation when so many moving parts are involved. At Wave Law Firm, we gather records, evidence, insurance information, police reports, medical bills, and any other information we may need to put together a claim to protect your rights to compensation for your injuries.

With this information, we are then able to fully investigate the accident to prove liability and build a case on your behalf. Once we have compiled all the information we need, we present your claim to the appropriate insurance companies and parties involved and negotiate a settlement that will meet the needs for your physical and financial healing. If negotiation toward a fair settlement is impossible, we will litigate your claim in court to ensure that your compensation is fair and adequate under the law. 

Why Choose Wave Law Firm?

At Wave Law Firm, we take the rights of our clients very personally and our settlements and verdicts attest to it. As a California boutique law firm practicing in personal injury, we take a highly individualized approach to each claim and case we represent. If you have been injured in a truck accident in California, call us for a no-cost, no-obligation case evaluation to understand your rights to compensation for your injuries.