Truck drivers are the ones most immediately responsible for the safe operation of their vehicles on the roadways of California. Drivers must abide by all company, industry, and state and federal laws and regulations in order to remain safe on the highways. When drivers fail to comply with the legal duty of care, their negligence can lead to life-altering injuries, long-term disability, and suffering. Some of the most common driver-related causes include the following:
- Failing to follow company safety policy
- Failing to follow accepted industry safety standards
- Ignoring the required FMCSA hours of service and
- Operating while fatigued
- Operating while impaired by alcohol or drugs
- Operating while impaired by prescription medications
- Operating too fast for conditions
- Failing to obey basic traffic laws
- Poor judgment
- Allowing the truck to be overloaded or improperly loaded
Proving driver negligence after a crash is the job of the Walkup injury team. There are various types of evidence to be gathered after an incident occurs, including witness statements, documentation of skids and tire marks, photographs or video surveillance taken from nearby homes and businesses, data from the truck’s electronic control module (ECM), the driver’s electronic log device (ELD), and reports generated by police agencies. Many companies also equip their tractors with in-cab video recorders to document the operator’s conduct and attentiveness
Federal regulations require companies to regularly inspect and maintain each vehicle. Trucking companies are liable for a crash if they:
- Fail to conduct background checks on prospective drivers
- Fail to adequately train new drivers
- Encourage drivers to operate beyond their hours of service
- Impose unrealistic time constraints on drivers
- Fail to regularly inspect and maintain each truck
If a third-party cargo loader fails to adequately secure the cargo in the bed of the truck, this could lead to major problems on the roadway. If liability can be pinpointed on the third-party loader, they may have to pay compensation to any injury victim after a crash occurs.
Additionally, maintenance companies can be held responsible if they incorrectly perform maintenance on a commercial truck. If any truck part is found to be faulty, the manufacturer of that part can also hold liability for the incident.
Working With an Attorney After a Truck Crash in California
It is crucial that you work with a skilled Walkup Melodia truck crash attorney if you or a loved one has been injured as a result of the actions of a truck driver or a trucking company. A California truck accident lawyer will handle every aspect of the claim on your behalf so you can focus on recovering from your injuries. An attorney will conduct a full investigation into the incident, determine the negligence of the other party, and engage in vigorous negotiations with aggressive insurance carriers.