Accidents involving large trucks, busses and commercial vehicles are among the most serious and deadly in the United States. An automobile does not stand a chance against an 18-wheeler weighing up to 80,000 pounds. The risk of being in an accident involving a large truck or big rig is particularly acute here in California; we have the highest volume of truck traffic of any state in the United States. In 2004, there were 415 fatalities within the State of California in accidents involving large trucks. Los Angeles and Long Beach Port Short Haul Truckers More than 16,000 truckers serve the Los Angeles and Long Beach ports. Some of these truckers are low-paid independent contractors who routinely put off needed repairs and drive their big rigs in dangerous despite the danger involved. Some of the trucks needing repairs have been driven than 3 million miles. As a stopgap measure, many truckers will have new treads carved into their tires instead of replacing the tires with new ones. In a Los Angeles Times article “Unsafe Trucks Stream Out of L.A.’s Ports,” the spokesperson for the Tire Retread and Repair Information Bureau, a nonprofit industry association, warned that "[w]hen they cut into the steel belt, that tire becomes a bomb[.]" To read the Los Angeles Times story, click on the following link: http://www.latimes.com/news/local/la-me-trucks21jan21,1,3615994.story?ctrack=1&cset=true Some truckers will perform dangerous and illegal maneuvers such as using the trailer’s brakes to stop particularly heavy loads when they deem their rig’s brakes “untrustworthy.” Many keep an eye out for California Highway Patrol (CHP) inspections, adding miles to their trips to avoid inspection sites. Accidents involving commercial vehicles are not simply personal injury cases involving a larger vehicle. Specific laws and regulations govern the safety of commercial motor vehicles, and cases involving commercial vehicles have unique issues that require a thorough understanding of commercial vehicle regulations on both the federal and state level. Federal Law
Drivers and their employers must keep logbooks, fuel receipts and other trip documentation for six months and vehicle maintenance records for a year. After an accident, some unscrupulous trucking companies alter or forge records, especially with respect to the number of hours driven.
Some truckers ignore federal regulations limiting the number of hours they may drive to 11 hours over a 14-hour period. They are also required to rest for 10 straight hours before returning to the road. A tired driver is a dangerous driver. When a tired driver is driving a poorly maintained vehicle, an accident is inevitable. According to a study released by the Federal Motor Carrier Safety Administration (FMCSA) in March of 2006, action or inaction by the driver of either the truck or other vehicle was cited as the critical reason for 88 percent of the crashes studied. To view a Press Release from the FMCSA about the study, click here http://ai.fmcsa.dot.gov/ltccs/default.asp?page=press
Common Factors Contributing to Truck Accidents
The following factors are frequently cited as factors contributing to accidents involving large trucks:
- Driver Fatigue
- Improperly Trained or Inexperienced Driver
- Driver Under the Influence of Drugs or Alcohol
- Aggressive Driving
- Driver with a history of dangerous or reckless driving
- Speeding or driving too fast for road conditions
- Oversized or overloaded vehicle
- Unsafe reflectors, lights or other safety equipment on vehicle
- Poorly maintained brakes
- Poorly maintained vehicles
Bus Accidents
Like truck accidents, bus accidents are on the rise in the United States. The Federal Motor Carrier Safety Administration indicates that 11,237 buses were involved in crashes in 2006, up from 7,039 in 2002. In addition, bus accidents in 2006 caused 331 fatalities and 14,467 non-fatal injuries. With gas prices rising and more people opting for public transportation instead of commuting, it is not surprising that these numbers are rising. Whether you were a passenger, pedestrian, or a driver or passenger in another vehicle that was involved in a collision with a bus, you may be able to be compensated by the bus company for your injuries.
Passengers on Busses
Many accidents involving busses are similar to those involving other large vehicles. Busses, however, add the complication of carrying passengers. Passengers on busses are owed a higher standard of care from the bus company—that of the “common carrier.” This duty is owed by both the bus driver and the bus company who both may be negligent if they do not use the required care. For example, negligence causing passenger injury includes the following:
- The bus makes a sudden stop and is rear-ended by another vehicle.
- The bus strikes an immovable object such as a post.
- The bus is overloaded with either luggage or passengers.
- The company may fail to maintain the bus, causing an equipment failure.
- The driver may be fatigued, not getting the required amount of rest.
You can be compensated for damages caused by the carrier's negligence whether the bus is run by a government authority or a private company (including charters).Examples of these different entities include the following: - Metro Transit Authority (MTA)
- Greyhound
- National Express Coach
- Coach Skylines
- Antelope Valley Transit Authority
- Burbank Local Transit
- Carson Circuit
- Culver Citybus
- El Monte Transit Services
- Foothill Transit
- Glendale Bee Line
- Golden Empire Transit
- Long Beach Transit
- City of Los Angeles Department of Transportation (LADOT)
- Municipal Area Express (MAX)
- LA County Metropolitan Transportation Authority (Metro)
- Montebello Bus Lines
- Norwalk Transit
- Orange County Transportation Authority (OCTA)
- Santa Clarita Transit
- Santa Monica Big Blue Bus
- Torrance Transit
Information for Truck and Bus Accident Victims
If you or a loved one have been involved in an accident involving a large truck or bus:
- Seek medical treatment from a qualified physician or go to an emergency
room as soon as possible. - Keep all medical appointments unless you have a documented reason for failing to keep the appointment.
- Keep accurate, detailed records of any time lost from work as a result of the accident, including the date and amount of time lost.
- Keep records of any additional expenses you have incurred because of the accident, including receipts and proof of payment.
- Take photographs of the damage to your vehicle prior to sending the vehicle for repairs.
- Obtain photographs of the accident scene. Make sure the photographs include any skid marks, debris, traffic signs or signals, and the condition of the road.
- Seek legal counsel immediately to preserve your legal rights.
Accidents Involving Large Trucks or Busses Require Qualified Legal Representation
Accidents involving tractor-trailers, 18-wheelers, or other large trucks require specialized knowledge of the issues unique to such cases. The success of your case depends on not only the merits of the case but on your attorney’s understanding of both federal and California law applicable to trucking accidents. You need an attorney who understands the complexities and nuances of the law and has experience in dealing with these types of cases.
It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one have been involved in an accident with a large truck, bus or commercial vehicle contact James R. Gillen at 877-619-3095 for a no cost, no obligation consultation. |
