How California Trucking Laws Affect Your Personal Injury Claim
Southern California is known for its unique tourist attractions and celebrity hotspots, but it is also widely known for its heavy amounts of traffic. A major contributor to this is the trucking industry – as southern California expands its distribution of products, an increasing amount of large commercial vehicles flood state highways.
As consumerism grows, commercial vehicles are needed to expedite products to all areas of the state and across the nation. The mass influx of the trucking industry across all highways, however, has exposed motorists of regular passenger vehicles to catastrophic dangers. When a large big rig collides with a non-commercial vehicle, the passengers of the smaller vehicle can suffer serious bodily harm instantly. If you were injured after colliding with a large commercial vehicle, the State of California allows you to seek and recuperate monetary damages for your injuries.
Common Trucking Industry Regulations
In effort of minimizing the risk of serious injury, state and federal laws work to regulate safety in the trucking industry. Legally enforced rules set to regulate the following:
How many hours a truck driver can safely operate the commercial vehicle,How many breaks a truck driver should take,How often the truck should be inspected for maintenance and repairs,What types of products can be transported by which particular type of vehicle, andWhat type of training the truck driver should undergoIf a trucking company and/or the truck driver has failed to follow state or federal laws, either party can be found negligent in causing the car accident and be liable for injuries and damages sustained.
Proving Negligence in a Personal Injury Claim in California
When a person has sustained injuries in an accident involving a big rig, the injured person has the right to seek damages by filing a personal injury claim. Generally, the person seeking damages will need to prove the following:
The accused owed the claimant a duty of care;The accused breach his or her duty through negligence; andThe accused’s carelessness was a major factor in causing the injury of the claimant.
With regard to proving negligence in a trucking accident, a commercial vehicle’s operator and company owe a duty of care to the safety of others one the road. The duty of care will depend greatly on where the accident took place and who was expected to be nearby.
An accused party will be found negligent is he or she has failed to act in a manner that a reasonable person would under the same circumstances. This can include actions that are committed or actions that were not committed.
Hire the Support of a Skilled Truck Accident Personal Injury Attorney
Trucking accidents are not similar to accidents involving only passenger vehicles. Aside from the stark difference in size and weight, the trucking industry is largely regulated by state and federal law. Victims that have sustained injuries in the aftermath of a trucking accident have the legal right to pursue monetary reparations.The Riverside, CA personal injury attorneys at the Knez Law Group, LLP are highly skilled and experienced in the field of trucking accident cases. The skilled law firm is well-versed in commercial vehicle regulations and has assisted many victims secure monetary compensation following an accident. If you were injured in a trucking accident, seek proficient legal support today.
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