california trucking laws

Learn about California's current trucking laws in this guide for victims of semi-truck accidents.

California Trucking Laws

common types of truck accidents

Commercial truck accidents are a serious concern on our highways, with hundreds of thousands of collisions occurring every year. These collisions often have devastating consequences as well as about 4,000 fatalities annually. Understanding the common causes and types of commercial truck accidents is crucial in preventing these incidents. 

What Are the Most Common Types of Commercial Truck Accidents?

How To Sue a Trucking Company

If you get into an accident with an 18-wheeler or commercial vehicle, you’ll likely need to be familiar with the personal injury laws and wrongful death regulations in your state. You may have several options to pursue financial compensation for your medical bills, lost wages, pain and suffering, and other damages. Whether the collision was with a trucking company or a third party, the lawsuit will be subject to the state’s (where the accident occurred) statute of limitations. This means that the person filing must take legal action within a specified period of time, or else the case is barred from court. 

what does truck insurance cover

This guide looks at the various types of trucking insurance policies available, what they cover, how insurance companies and courts determine liability in truck accidents, and what policyholders can expect to pay for coverage. 

Trucking Insurance: What's Covered and What Isn't

Truck accident lawsuit cost

Almost all accidents involving cars and semi-trucks result in injury or property damage to one or both parties. This article provides information about hiring an attorney, how much your lawsuit might cost, and legal resources that can assist you in recovering from your accident. 

How Much Will a Truck Accident Lawsuit Cost? [2023]

evidence in truck accident lawsuits

After a truck accident, determining liability is often the primary concern. There can be a lot of conflicting information when trying to figure out the next steps. This guide provides tips and recommendations for compiling compelling truck accident evidence when filing a claim for compensation.

Evidence and Liability in Semi-Truck Accidents

What Is the 34-Hour Reset Rule?

The 34-hour reset rule plays a pivotal role in the trucking industry, primarily enhancing safety. Its fundamental purpose is to mitigate the risks associated with driver fatigue. This regulatory measure mandates that once a driver has exhausted their allowable driving hours, typically 60-70 hours within a 7 or 8-day window, they must observe an uninterrupted rest period of a minimum of 34 consecutive hours. During this reset, drivers are strictly prohibited from engaging in work-related activities.

Average Settlements for 18-Wheeler Accidents [2023]

If you have found yourself left with financial and physical burdens as a result of an 18-wheeler accident, you can seek compensation through the legal system. This article will discuss some of the typical settlements seen in 18-wheeler accidents and the factors that influence the final settlement amount to provide a clearer picture of truck accident settlements. 

Hiring a truck accident attorney

If you've never hired a lawyer before, the process can be daunting. Truck accident victims may need a specialized personal injury attorney; here's how to hire one.

How to Hire a Truck Accident Attorney

What to do after a truck accident

This guide is a valuable resource for trucking accident victims, providing clear and concise instructions on what to do in the immediate aftermath of an accident and in the days and weeks that follow. 

What to Do After a Truck Accident: A Step-by-Step Guide

The phone number of the San Francisco Police Department for non-emergency situations is (415) 553-0123.

Truck accident reports can be obtained by visiting the San Francisco Police Headquarters or by making an accident report request online. A minimum of five days are needed from the date of the accident for the report to be carefully reviewed and approved for release before any request attempts should be made. Residents who want to make a follow-up on their request may send an email to <a href="mailto:sfpd.cisu@sfgov.org">sfpd.cisu@sfgov.org</a>, including the case number and GOV-QA reference number.

The number of truck accidents continues to rise both in San Francisco and throughout California, and the types of trucks that are commonly involved are 18-wheelers, tractors, waste disposal units, tankers, fire trucks, and other emergency vehicles. Regardless of the type of truck, injury victims are strongly advised to report the accident.

California is a comparative fault state, which means a person can still file a lawsuit for truck accidents in San Francisco even if they are partially at fault. However, the amount of compensation that the plaintiff will recover will be reduced by how much they are at fault. For example, if the damages are calculated to be $5 million, the plaintiff who is 50% at fault will get only half the amount, or $2.5 million.

Truck accident victims in San Francisco have two years from the date of the accident to file for a civil lawsuit. If a claim is against a government agency, the aggrieved party must first submit a claim within six months of the incident before submitting a civil lawsuit.&nbsp;A claim may be rejected if the applicable statute of limitations is not followed.

Trucking firms are the ones typically held accountable for truck accidents in San Francisco. Various factors cause truck crashes, but the primary one is that trucking companies push their drivers to violate trucking laws to save their businesses time and money. Truck drivers are also sometimes held accountable if their carelessness, such as when they operated a vehicle while impaired by alcohol or drugs, directly contributed to the accident.

The driver's drug and alcohol test results and the truck inspection report from the scene of the accident are the two most common pieces of evidence that are critical to proving liability for truck accidents in San Francisco. The black box of the truck, as well as other documents such as maintenance history, weight tickets, and delivery instructions, can be obtained, evaluated, and analyzed. A TRO can also aid in the preservation of relevant evidence.

A truck accident lawyer is a personal injury attorney specializing in truck accidents. These lawyers help their clients navigate the legally complex terrain of truck accident law by gathering evidence, sending demand letters, negotiating with insurance companies, and preparing the case for trial.In most cases, they are personal injury lawyers who specialize in this particular type of claim.

Truck accident liability is a notoriously complex area. In car accidents, liability is typically shared by one or more drivers, but that’s not always the case with truck collisions. These are just a few of the parties that may be responsible for truck accidents and subsequent injuries:
<ul>
<li>Equipment owners, including leasing companies</li>
<li>Truck drivers who are reckless, intoxicated, or make mistakes</li>
<li>Trucking companies accountable for hiring and keeping records</li>
<li>Maintenance providers who are negligent or fail to perform routine tasks</li>
<li>Loading personnel in accidents caused by shifting loads</li>
<li>Third-party drivers, especially in multi-vehicle collisions</li>
<li>Equipment manufacturers that sell defective parts</li>
</ul>

In truck accident cases, as in all personal injury cases, the burden of proof rests on the plaintiff or party filing the lawsuit. To prevail in court, the plaintiff must prove four things:<ul><li>The plaintiff must show that the defendant owed him or her a duty of care, such as having a legal responsibility to hire qualified drivers and maintain safe equipment.</li><li>In negligence claims, the plaintiff must prove that the defendant breached this duty.</li><li>The plaintiff must show that they suffered damages or experienced harm.</li><li>Finally, the plaintiff must prove that these losses were a direct result of the defendant’s breach.</li></ul>

Driver error is the single most common cause of motor vehicle accidents, but a variety of factors come into play on busy highways and secondary roads. Other potential causes of truck accidents include the following:<ul><li>Inadequate or improper driver training</li><li>Severe weather, including rain, sleet, ice, and fog</li><li>Dangerous roadways, potholes, and construction zones</li><li>Improper loading, excess weight, and shifting cargo</li><li>Reckless driving involving intoxication or distractions</li><li>Faulty equipment, such as failing brakes</li></ul>

Yes, all trucking companies are responsible for hiring qualified drivers and maintaining safe equipment. However, a lengthy investigation may be required to document the scene, establish contributing factors, and hold the company responsible. Personal injury attorneys generally focus on the following points during the investigation:<ul><li>Checking the truck driver’s record</li><li>Securing phone records to prove distracted driving</li><li>Photographing skid marks and road conditions</li><li>Verifying the truck’s weight and maintenance history</li><li>Establishing the driver’s physical and mental health</li><li>Reviewing logbooks to identify times of service violations</li><li>Checking for previous violations to establish a pattern of misconduct</li></ul>

In the U.S., it's estimated that there are 500,000 large truck accidents per year with an average of nearly 1,400 per day, according to data collected from police reports. Of those 500,000 accidents, approximately 4,000 result in a death. The majority of semi truck accidents are caused by mechanical defects and driver fatigue.

If you have been injured in an accident with a semi truck that is not your fault, you are entitled to compensation for the damages to your vehicle as well as for your medical bills, time missed from work, and other damages suffered. You can sue if the person or company refuses to offer fair compensation.

The most important thing to do after a serious accident is to seek medical attention. You should also collect witness information, photographs of the accident scene, a copy of the police report, and contact information from the driver of the truck. Gather all of your paperwork related to the accident, including copies of your medical bills. Avoid posting about the accident on social media or speaking to the driver's insurance company before seeking legal advice, because anything you say can be used against you and affect your compensation.

Most lawsuits are settled without going to court, so reaching a settlement can happen at any point that both parties agree on fair compensation. However, in most states, once an agreement has been reached, it cannot be changed, so it's a good idea to wait long enough to ensure that there are no additional injuries before settling.

Litigation for semi truck accidents is similar to auto accidents, but it's usually more complicated because any number of parties may ultimately be responsible for the accident, including the company that handles the truck's maintenance or repairs. If attempts at negotiating a settlement with the responsible party are unsuccessful, the lawsuit may proceed to trial. In some cases, more than one party is responsible and one of the parties may fight the lawsuit and claim no responsibility. For these reasons, it's important to seek legal help from an attorney with experience in litigating semi truck accidents.