The American trucking industry remains the preferred way for companies to move their goods around the nation. At any given time, there are thousands of trucks on the State’s roads and hundreds around the Corona area.
While necessary to the economy, these vehicles also pose a major threat to the safety of other travelers. Any collision with a commercial truck can result in substantial physical, emotional, and economic injuries. Despite this fact, the idea that one party to a collision was driving a truck does not guarantee success in a claim for compensation.
A Corona truck accident lawyer could help to pursue truck accident claims on behalf of injured individuals. This includes gathering evidence of trucker fault, measuring losses, and protecting cases from aggressive insurance companies. To get started or discuss your legal options, contact our accident attorneys today. En Español.
Truck drivers are subject to the same rules of the road as all other travelers. This means that they must stop at red lights, obey speed limits, and take care to check blind spots before changing lanes. A trucker who violates these laws places all other people at a severe risk of injury. Furthermore, a conviction in traffic court for violating these laws can serve as potent evidence of fault in a civil claim for damages.
In addition to the common traffic laws, additional federal regulations control the trucking industry. Drivers may not be behind the wheel for more than 11 hours if they take a ten-hour break. This limit extends to 14 at the start of a shift if they take ten consecutive hours off duty. Similar laws limit the maximum weights of vehicles to 20,000 pounds on a single axle, 34,000 on a tandem, and a full maximum weight of 80,000 regardless of the numbers of axles. Violations of these laws can lead to drowsy driving and an inability to properly control their vehicles. A Corona truck accident attorney could provide more information about the laws that govern safe commercial truck operation.
One key part of an effective truck accident claim is ensuring that a plaintiff files their case against every possible defendant. This analysis will change based on the driver’s employment status. If the trucker is an employee of a trucking company, and on duty at the time of the crash, there are three possible defendants. Of course, the trucker is always liable for their actions. In addition, their insurance company will provide indemnification against a plaintiff’s losses. However, a third defendant is the trucker’s employer. A legal concept called vicarious liability means that employers are jointly liable for the actions of their employees that may be negligent. Since almost every truck accident case is the result of an accident, an employer is almost always a co-defendant.
Circumstances may change if the trucker is an independent contractor or off duty at the time of the collision. Here, the only possible defendants are the driver and their insurance company. Independent contractors are not employees in the eyes of the law, so vicarious liability does not apply. Similarly, this concept ineffective if the driver was off duty.
A Corona truck accident lawyer could also help with meeting the State’s statute of limitations. This is the time limit that people have to demand compensation following an injury. Under the California Code of Civil Procedure §335.1, this time limit is two years following the crash. Act quickly to preserve the right to demand payment.
Suffering an injury after a truck accident in Corona can leave people in a difficult position. You may be focused on obtaining medical care and making your best recovery. At the same time, you need to remember your legal rights and to protect your case from aggressive insurance companies. It is understandable that you may become overwhelmed.
A Corona truck accident lawyer could provide timely help. They can work to perform a full investigation into the crash and to place blame on a negligent truck driver. Armed with this knowledge, a lawyer could work to demand full compensation from a driver, their insurance company, and their employer. There is a limited time to demand payment, call today to schedule a consultation.
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