Common Truck Crash Injuries

Accidents involving large trucks often result in more serious injuries than accidents involving passenger vehicles only.  With a standard four-door passenger vehicle weighing between 2,500 and 4,000 pounds, a large truck weighing a minimum of 10,000 pounds, and an 18-wheeler weighing nearly 80,000 pounds, it is easy to see why truck accidents can cause catastrophic injuries. Common truck accident injuries include the following:

Broken Bones

Due to the sheer force of impact in a truck accident, fractured or broken bones (especially in the legs, arms, or chest) are an extremely common injury in these cases.

Spine Injuries

Spinal cord injuries can be life-altering and are often devastating to accident victims. They typically result in prolonged hospital stays, surgery, rehabilitation, physical therapy, and severe limitations on a victim’s ability to work.  Spine injuries can be complete, in which case the spinal cord is compressed or severed, resulting in a loss of sensation or movement below the point of the injury; or incomplete, in which case the spinal cord is partially compressed or severed, with the victim retaining some level of sensation or movement. Traffic accidents are responsible for approximately 35% of all new spinal cord injuries in the United States annually.   

Traumatic Brain Injuries

Traumatic brain injury (TBI) can occur when a person’s head is subjected to sudden trauma or force, such as when a truck accident victim strikes their head on the steering wheel, dashboard, or window. The resulting TBI can range in severity from mild to moderate or severe. TBI can cause short-term and long-term symptoms such as headaches, nausea or vomiting, problems with speech, memory issues, mood changes, depression, difficulty sleeping, comas, and more.

Abdominal Injuries

During a truck crash, victims can sustain two types of abdominal injuries: blunt force or penetrating. Blunt force abdominal injury results from an object impacting the abdomen, such as a seatbelt, steering wheel, or airbag. Blunt force trauma to the abdomen can damage internal organs. Penetrating abdominal injuries break the skin and can result in significant blood loss and organ damage.

What Are the Federal Trucking Regulations?

Federal trucking regulations are a set of rules established by the Federal Motor Carrier Safety Administration (FMCSA) to ensure the safety of commercial trucking operations in the United States. These regulations are designed to reduce accidents, injuries, and fatalities involving large trucks and to ensure that trucking companies and drivers operate within a framework that promotes public safety. Here’s a breakdown of some of the key federal trucking regulations:

Hours of Service (HOS) Regulations

• Maximum Driving Limits: Drivers are limited to a maximum of 11 hours of driving within a 14-hour workday after 10 consecutive hours off duty. They are also subject to a 60/70-hour limit over 7/8 consecutive days.
• Rest Breaks: Drivers must take a 30-minute break after 8 hours of driving time.
• 34-Hour Restart: Drivers can reset their weekly driving limit by taking 34 consecutive hours off, which must include two periods between 1:00 a.m. and 5:00 a.m.

Driver Qualifications

• Commercial Driver’s License (CDL): All truck drivers must possess a valid CDL appropriate for the type of vehicle they operate.
• Medical Certification: Drivers must undergo regular medical examinations to ensure they are physically qualified to operate a commercial vehicle.
• Background Checks: Certain trucking jobs, especially those involving hazardous materials, require additional background checks.

Vehicle Maintenance & Inspection

• Pre-Trip Inspections: Drivers are required to inspect their vehicles before each trip, checking essential systems like brakes, lights, and tires.
• Annual Inspections: Commercial vehicles must undergo comprehensive inspections at least once a year by qualified inspectors.
• Maintenance Records: Trucking companies are required to keep detailed maintenance records for all vehicles, documenting repairs and inspections.

Drug and Alcohol Testing

• Random Testing: Drivers are subject to random drug and alcohol testing.
• Post-Accident Testing: Testing is mandatory after certain types of accidents, particularly those involving injuries or fatalities.
• Pre-Employment Testing: Drivers must pass a drug test before they are hired.

Weight Limits & Cargo Securement

• Maximum Weight: The federal gross weight limit for trucks is 80,000 pounds, including cargo.
• Axle Weight Limits: There are specific limits on the weight that can be carried on each axle of the truck.
• Cargo Securement: Regulations mandate that cargo must be properly secured to prevent shifting during transit, which could lead to accidents.

Hazardous Materials Regulations

• Transportation of Hazardous Materials: Specific rules govern the transportation of hazardous materials, including proper labeling, packaging, and route planning to avoid populated areas when possible.
• Driver Training: Drivers transporting hazardous materials must undergo specialized training and certification.

Electronic Logging Devices (ELDs)

• ELD Mandate: Drivers must use electronic logging devices to record their driving hours. This regulation was implemented to replace paper logbooks and ensure compliance with HOS rules.

These regulations are enforced by both the FMCSA and state agencies, with violations leading to fines, penalties, and possible disqualification for drivers and companies. The primary goal of these regulations is to promote safety on the roads, ensuring that trucking operations do not pose undue risks to other motorists.

Understanding California's Trucking Regulations

California has specific trucking regulations designed to enhance safety on its extensive network of roads and highways. The California Vehicle Code, along with stipulations from the California Department of Transportation (Caltrans), governs the operation of commercial trucks within the state. These regulations focus on vehicle maintenance, driver qualifications, and safe driving practices to mitigate the risk of accidents.

Regulations require commercial truck drivers to hold a valid Commercial Driver’s License (CDL) with endorsements specific to certain types of cargo, such as hazardous materials. Additionally, California has stricter emissions standards for trucks to control environmental pollution. Regular vehicle inspections are mandated to ensure compliance with safety and environmental standards, reducing the likelihood of mechanical failures on the road.

Local Highways & Accident Risks in California

The unique geography and dense traffic in California create certain risk factors that truck drivers must navigate. Major highways such as I-5, US-101, and I-405 are crucial corridors for freight transport but also hotspots for vehicle accidents due to heavy congestion and varied terrain.

Weather conditions, like fog in Central California or rain in Northern regions, can significantly alter driving conditions, increasing accident risks. Truck drivers must exercise extreme caution during adverse weather and maintain proper vehicle maintenance to safely manage these challenges. Local government agencies often enhance road safety awareness through campaigns and regulations aimed at reducing accident occurrences and fatalities.

Dealing with Insurance Companies After a Truck Accident

Engaging with insurance companies following a truck accident can be a daunting process. These companies often look to minimize payout amounts, complicating the path to fair compensation for victims. It is crucial for individuals involved in truck accidents to understand their rights and the typical strategies used by insurers to devalue claims. Having legal representation can make a significant difference in interactions with insurers. An attorney with experience in truck accident cases can negotiate terms, highlight discrepancies in the claims process, and ensure that the compensation awarded reflects the full extent of the damages incurred. By having an advocate with legal acumen, victims can focus on recovery while ensuring their legal rights are effectively protected.

FAQs About Truck Accidents in California

What Steps Should I Take Immediately After a Truck Accident?

Immediately following a truck accident, ensure the safety of everyone involved by moving to a safe location if possible and calling emergency services to report the incident. Seeking medical attention, regardless of the immediate perception of injuries, is crucial because symptoms such as whiplash or concussion might not be immediately apparent. Obtaining detailed information about the accident, including witness contacts and photographic evidence of the scene, can be vital for any subsequent legal process. Contacting a qualified truck wreck attorney in California to navigate the complexities of insurance and liability is also highly recommended.

How Can I Prove Negligence in a Truck Accident?

To prove negligence in a truck accident, it is necessary to establish that the truck driver or another party had a duty of care, breached that duty, and caused harm as a result. Evidence can include arrest records, dashboard camera footage, vehicle maintenance logs, and testimony from expert witnesses. Your attorney can play a crucial role in gathering and presenting this evidence, helping to construct a compelling narrative that demonstrates negligence. 

What Compensation Am I Entitled to After a Truck Accident?

Compensation in truck accident incidents can cover a range of damages, including medical expenses, lost wages, property damage, and pain and suffering. In some situations, punitive damages may also be awarded if negligence or misconduct by the truck driver or company is proven to be particularly egregious. A legal professional with experience in personal injury and truck accident claims will assess the specifics of your situation to determine the types and amounts of compensation you are entitled to pursue. Their expertise can ensure maximum recovery, reflecting both immediate and long-term needs.

Are There Time Limits for Filing a Truck Accident Claim in California?

California statutory limitations impose deadlines for filing truck accident claims. Generally, the statute of limitations for personal injury cases is two years from the date of the accident. Missing this window may forfeit the right to legal recourse, making timely action essential for preserving claims. An attorney can ensure proper documentation and adherence to legal timelines. Timely consultation with legal counsel can help effectively initiate the claim process, align with procedural requirements, and uphold your right to compensation.

How Do Truck Weight Limits Affect Road Safety?

Truck weight limits play a pivotal role in road safety, as overweight trucks can derail and cause significant infrastructure damage, lead to mechanical failures, and increase collision severity. Compliance with weight standards, monitored by both state and federal agencies, is crucial to preventing such hazards. Operators must carefully calculate load distribution and adhere to specified limits for the entire truck and individual axles. This attention to detail minimizes risks, supports the longevity of transportation networks, and contributes to a safer driving environment for all road users.