Negligence in a Truck Accident Claim

Most drivers have a legal duty of reasonable care in most situations. They must drive defensively and avoid accidents if possible. California truck drivers and other commercial operators have a duty of extreme caution, at least in most cases. They must proactively avoid accidents.

Driving in the rain is a good example. Noncommercial drivers with a duty of reasonable care must slow down when visibility is limited and roads are wet. The duty of extreme caution requires truck drivers to go the extra mile in these situations. Usually, that means pulling over until the rain stops, or at least slacks off.

The higher duty of care makes it easier for a Carlsbad personal injury lawyer to prove negligence, or a lack of care, in these matters. If a truck driver negligently caused injury, compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. The company that owned the truck or cargo is financially responsible for these damages, at least in most cases.

Ordinary Negligence

Driver error causes about 98 percent of the truck accidents in California. This driver error is almost always negligence in truck accident cases. Because of the higher duty of care, truck drivers have little margin for error. Common truck driver errors include:

• Aggressive Driving: Most shipping and transportation companies pay drivers by the mile, not by the hour. This payment arrangement encourages truck drivers to speed, so they complete their trips as quickly as possible. Excessive speed increases the risk of a crash and the force in a collision. Given the tremendous size of an eighteen wheeler, the risk and force are high enough to begin with.
• Operator Impairment: Two-thirds of truck drivers admit they occasionally or regularly drive when they’re dangerously fatigued. Alcohol and drowsiness have the same effect on the body and brain. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s above the legal limit for commercial drivers in California. Furthermore, many truckers take amphetamines to stay awake. These drugs impair judgment and, when they wear off, users crash hard and fast.

Serious burns are among the most common truck crash injuries. Fully-loaded large trucks carry hundreds of gallons of diesel fuel, a chemical that burns at a different temperature from ordinary gasoline. As a result, the average burn-related hospital stay is significantly longer and more expensive than other injury-related hospital stays.

Negligence Per Se

Sometimes, a safety law establishes the standard of care. Therefore, if a truck driver breaks a safety law and causes injury, a San Marcos personal injury lawyer can obtain compensation as a matter of law.

Many safety laws are rather complex. The speeding law, which we touched on above, is a good example. The posted speed limit is a presumptively reasonable speed under ideal conditions. So, if environmental, road, or other conditions are poor, a tortfeasor could be speeding even if s/he’s traveling below the posted limit.

The negligence per se shortcut only applies if emergency responders issued a citation to the tortfeasor. Otherwise, the safety law violation makes it easier to prove negligence, as outlined above.

Work With a Thorough San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.

Source:

ralaw.com/storage/TTL_July_2011.pdf