Los Angeles Truck Accident Attorney
Commercial Truck Driver Negligence
Some of the most devastating types of motor vehicle collisions are those
that involve commercial trucks. These vehicles outmatch the size of passenger
vehicle by far, making a collision between the two potentially devastating
for the occupants of the smaller vehicle. To put this in perspective,
a fully-loaded commercial truck can weigh upwards of 80,000 pounds while
the average passenger vehicle only weighs about 4,000 pounds. While accidents
can be the fault of either party, rampant negligence in the trucking industry
is often the cause. If this describes an accident you were involved in,
then you may be able to secure representation from a
Los Angeles personal injury lawyer from our firm.
Federal Trucking Regulations: FMCSA
In order to decrease the amount of accidents that occur on U.S. roads and
highways, the Department of Transportation enacted laws through the Federal
Motor Carrier Safety Administration (FMCSA). One major requirement of
this legislation was that, in order to operate a commercial motor vehicle
(CMV), one would have to pass the test (written and hands-on) to obtain
their commercial driver's license (CDL). This is just one way that
the DOT can help ensure safety. Unfortunately, many trucking companies
and drivers fail to adhere to these rules, and many accidents are caused
as a result. Some of the most common causes of trucking accidents include
Fatigued Drivers (HOS Failure to Comply)
Shocking numbers of truck drivers admit to falling asleep at the wheel
while operating their CMVs. To remedy this problem the FMCSA has enacted
Hours of Service (HOS) legislation in hopes of lessening the occurrence
of tired drivers. Although drivers have mandated resting breaks and "off
time" periods, many do not take them. One reason could be that a
driver needs to get his cargo to its destination on time, so they skip
their break. For whatever reason it occurs, fatigued driving is dangerous
and against the law.
CMVs must be in good working order if they are operating on roads and
highways. To enforce this, DOT and state highway patrol have implemented
truck scales or "weigh stations" that inspect trucks. If a truck
is in violation and needs repair, the driver may be issued a citation.
Unfortunately, many drivers continue to drive despite these citations
and warnings. Common mechanical failures include tire blowout and underride
To drive a CMV, an individual must possess a CDL that is not otherwise
suspended or revoked. Some drivers commit something known as license fraud
in order to obtain a CDL without actually taking or passing the examination.
License fraud is actually incredibly prevalent, and investigations are
pending in multiple states.
Driving while texting, eating, changing the radio station and the like
can prove incredibly dangerous. Although changing the radio station is
not illegal, it can take a driver's eyes and attention off of the
road and cause an accident. Texting and driving is also illegal for commercial truckers.
Enlist Our Los Angeles Injury Lawyers
If you or a loved one was injured in an accident that involved a commercial
truck, you may be suffering from incredibly serious injuries that require
extensive medical treatment. Martinian & Associates is here to see
that you get the compensation you deserve. If you were not responsible
for the accident, then we will fight to see that liability doesn't
wrongfully get shifted on to you. For more information about truck accidents,
claims and lawsuits, please do not hesitate to
contact a Los Angeles truck accident lawyer from our firm.