Despite the common perception that all vehicle accidents are equal, commercial truck accidents are different. Trucking accidents and how they're handled are distinctive in several key areas. Commercial trucking accidents refer to any accident that involves 18-wheelers, semi-trucks, and other types of vehicles. This article explains different personal injury issues related to commercial truck accidents and how you can handle them.

Disparity Between Federal and California Standards of Commercial Trucking Conduct

Although most states adopt federal trucking rules automatically by "reference," California doesn't. All the changes that have been made in effect to intrastate trucking operations must go through the California Highway Patrol regulatory process in California.

For instance, after a recent update made by the Federal Motor Carrier Safety Administration (FMCSA), California trucking companies don't necessarily have to provide a paid rest break to their drivers. However, it doesn't mean that drivers can't skip the breaks. They can still rest for a minimum of ten minutes after driving for four hours and break for at least thirty minutes after working for five hours.

This has brought a lot of concerns since this new law interferes with the trucking industry's safety. Taking out the paid rest can increase driver's fatigue when they try to work through their required break time to maximize their pay. Apart from this rule, the following is an overview of rules and regulations that are different between federal and California trucking policies:

  • A requirement to drive for 11 hours under federal laws, while California fundamental law requires driving for at least 12 hours.
  • There is a requirement of a 14-hour total duty window under federal laws, while California laws require 16 hours of the entire duty window.
  • A requirement of a 70-hour maximum workweek for eight days under federal laws, while California laws require 80-hour maximum workweek.

With this level of disparity between federal and state standards of commercial trucking policies, there are chances of experiencing difficulties in claiming compensation under California's trucking policies compared to claims made under federal laws.

The chances of a reasonable settlement solely depend on the proof of violation of a statute or other regulations. Therefore, the disparity between federal and state trucking policies can significantly reduce the odds of winning a settlement trial.

Another crucial aspect of state and federal regulations is the higher insurance requirements imposed on truckers and truck owners. In a practical situation, defendants could only settle an amount they can only afford or the maximum amount allowed by their insurance policy.

For instance, federal laws still hold a trucking company liable for an accident if the driver was performing his official duty.

Determining what constitutes "acting within the scope of employment" can further complicate your compensation claim. In most cases, courts usually look at the following:

  • The intention of the trucker at the time of the accident
  • The nature, place, and time of the trucker's conduct
  • The type of work that the trucker was carrying out
  • Incidental actions that a trucking company reasonably expect the trucker to do
  • The amount of freedom allowed to the trucker while performing their duties
  • The amount of time consumed in the trucker's activity

For example, if a trucker rear-ends you while making a delivery, the employer would probably be held responsible for your damages since the driver was working "within the scope of his employment." However, if the driver decides to go to a basketball game while making a delivery and causes an accident, this puts him liable for your damages. Establishing a claim regarding whether the trucking company and trucker were responsible for the damage can be complicated when the circumstances of the accident are unclear.

Please note, employers are not liable for all damages that result from their driver's negligence. For instance, when their drivers' actions were purely intentional, the driver will be entirely held responsible for the damages that result.

For example, if a trucker slams on your vehicle since he believes that you're sleeping with his wife, the trucking company will not be liable for the accident. In this situation, the "respondeat" principle is not met when the trucker's actions are unrelated to the business code of conduct.

When all these factors come into play, it would be helpful to retain the services of a professional injury attorney.

Issues Related to Multiple Defendants on Settlement

When multiple defendants are involved in a trucking accident lawsuit, they may all be equally responsible for paying off the victims' damages, depending on the situation. However, they might only be accountable for the damages that they caused.

For instance, a tired driver can share responsibility for a truck accident with faulty tire manufacture. Under these circumstances, you can sue both the driver and the manufacturer for the damages you've suffered. However, it's unclear how much every defendant should pay you.

A settlement might be difficult to obtain and even go to trial when it's unclear who was at fault for the accident. However, defendants can still decide on a trial when they cannot agree on their proportion of fault and who owes what. Even so, you can settle with one defendant for a portion of your claim and sue the other defendant for the balance.

Issues Related to Determining Proximate Cause in a Truck Accident

In the context of a truck accident or any other form of accident, the concept of 'proximate cause" refers to the action or failure to act that is the legal cause of the accident and led to the injuries sustained. It's a vital issue of discussion when both parties of an insurance claim or lawsuit intend to determine fault in a car accident.

Firstly, you should note that a car accident can have both "proximate cause" and "cause-in-fact" components, which are not the same. Understanding these concepts is confusing, but the following example might help. 

If a truck swerves to your lane for no reason and collides with your vehicle, it becomes the proximate cause and cause-in-act of the damages that you sustain. Your injuries were a result of the negligent action of the driver. Therefore, the action becomes the "proximate cause" of your injuries.

However, if the swerving occurred while the trucker tried to avoid hitting a vehicle or a jaywalker, the case becomes "a case-in-fact." Therefore, the other driver or the pedestrian becomes a proximate cause to recovering your damages, not the trucker.

If you're involved in a multi-car accident involving a commercial truck, the court can remove the proximate cause of the injuries from the "cause in fact" of the accident that resulted in your injury. Car accidents are complicated and can result from chains of events. Probably, the accident resulted from a pedestrian stepping into an intersection when a bicyclist runs a stop sign or another driver is speeding.

When several factors come into play, determining the "proximate cause" of the accident can be challenging. Regardless of these complex questions, you can resolve them through a claim investigation and discovery process. You can also bring another party into a claim suit as an option of strengthening your claim.

Issues Related to Collecting Injury Compensation that Exceeds Insurance Policy

All individual commercial truck drivers should have the least minimum coverage under California insurance plans. Therefore, there are chances that a compensation settlement would be less than your expectation if your case falls under state regulation. However, the same can also apply under federal laws since trucking companies are only liable for the accident that they contributed directly. Two of the most common company negligence include inadequate driver's training and lack of truck maintenance.

So what should you do while collecting excess damages?

 Truck accident victims can use several ways to collect their total compensation when it exceeds the at-fault insurance policy. These ways include the following:

  • Suing several defendants
  • Seeking compensation under an umbrella insurance policy
  • Personal collecting the total reimbursement from the at-fault party

The following explains these three aspects in detail.

Seeking Compensation Against Several Defendants

In a trucking accident with multiple defendants, the at-fault parties will be found to be jointly liable for all your damages. Therefore, if your damages amount to $100,000, and two defendants are involved, each would contribute $50,000 to guarantee a total compensation.

Recovering your Compensation Under an Umbrella Insurance Policy

Recovering compensation from an umbrella policy occurs when a defendant has numerous insurance policies. For instance, in a situation where both the trucking company and the trucker have separate insurance policies, this strategy would apply.

An umbrella policy also applies to large trucking companies to put extra coverage to exceed their policy limit. A trucker can also have this coverage, especially those working as independent contractors. That's why it's recommendable to research the insurance policy available with your defendant before you proceed to file a lawsuit.

Suing the At-fault Personally

Suing a defendant is the best procedure to obtain damages beyond their policy limit. At the same time, several factors may arise and put the trucker incapable of paying your rightful compensation.

That's why it's recommendable to have a legal expert by your side since many options can hold the at-fault party liable for your damages. For instance, your attorney can help you exploit the full extent of the law and have the judge order a lien on the defendant's property or wage garnishment. The kind of decision that the court will settle on solely depends on the defendant's property. Therefore, if the defendant has inadequate assets, it’s challenging to seek full compensation.

Unique Situations that Can Force Insurances to Pay Beyond their Policy Limit

Under California laws, an insurance company should settle within its policy limit. However, they might be forced to pay the victim's total damages, although this kind of situation is rare. These situations are referred to as "insurance bad faith." Some of the examples that can force insurance beyond its insurance policy include:

  • Refusing to investigate a collision inappropriately and timely
  • Failing to make their payment on time
  • Failing to provide a reasonable explanation of denying a particular claim within a reasonable timeline

If any of these situations apply, the at-fault insurance company will potentially pay more than their limit in a bad-faith case.

Causation Issues in a Commercial Truck Accident

Causation issues are one of the biggest challenges an injured party has to navigate when seeking compensation in a commercial truck accident. Like any other personal injury claim, a victim must prove that the defendant's breach of duty was the actual and legal cause of the injury. This element is referred to as causation. Here are some of the common issues related to causation:

The Delay between a Truck Accident Collision and Treatment for an Injury

In a scenario where a person is involved in an accident and doesn't seek immediate treatment, there are chances of finding difficulties when seeking compensation. Most of these people try to see whether the pain will go away or try to "tough it out." They can begin with denial of an offer to take ambulance transportation from the accident scene to the hospital. Other factors include the lack of a health insurance cover that can prevent incurring medical bills.

The issue becomes more profound when the injury is finally discovered weeks or months later. In that case, the at-fault party's adjuster will claim that:

  • The period between the accident and the diagnosis of your injury allows several other things to happen and contribute to your current injury.
  • If you were hurt, you could have sought medical intervention sooner.

Disparity Between the Onset of Symptoms and the Date of the Accident

Sometimes an injury doesn't manifest itself until some time has passed after an accident. If this happens, the defense can raise the same argument as delaying treatment while you try to seek compensation for your damages.

Delayed Documentation of Injuries and Symptoms

You should document every claim through medical records and other proof. If there are delays or gaps associated with the injuries, it might raise causation issues during your compensation claim.

Issues Related to Compromised Evidence

Trucking companies usually have the necessary evidence needed to prove negligence that led to the crash. Unfortunately, the trucking company would try to destroy all the documents you need to file a lawsuit. Nonetheless, truck drivers and trucking companies are regulated by the Federal Motor Carrier Safety Administration(FMCSA), and they require defendants to retain the several documents that would help in your case:

  • Driver call-in logs
  • Trip-monitoring documents
  • Phone records like the trucker's cell phone
  • Bills of lading
  • Emails and other means of communication between the trucker and the trucking company
  • The trucker's pre-trip, post-trip, and inspection records
  • The truck's black box data
  • Insurance policies

Different Ways to Preserve Evidence Before It's Lost

You should preserve key evidence before it's lost or destroyed by a trucking company that's liable for your damages. Data from the truck's black box is recordable every thirty days or sooner. Trucking companies only require the data from the black box to maintain their trucks, truck inspection, and operation for a particular amount of time. Therefore, there are possibilities of destroying its data, often between six to a year, as per the FMCSA regulations. Even worse, they can intentionally destroy this evidence if it seems helpful in your case.

The best way to avoid losing crucial documents after a truck accident is by considering the following factors:

  • Sending a Spoliation Letter: Your attorney should immediately send a spoliation letter to notify the trucking company of your claim and the need to preserve crucial evidence that's listed in the letter.
  • Filing a temporary restraining order: If you manage to retain an attorney immediately, you can decide to file a lawsuit if you're worried that the trucking company will destroy any evidence related to the accident. This lawsuit allows you to issue a temporary restraining order to stop the trucking company from interfering with the evidence.
  • View the Scene of the Accident: Evidence in a truck accident can be lost quickly. However, if you inspect it with your attorney as soon as possible, you will have a clear sense of how the crash occurred and uncover relevant evidence that would be helpful in your case.
  • Hire a Professional: In a complex auto accident like a commercial truck accident, it's recommendable to hire an accident reconstruction expert right after an accident to take video footage and photographs of the scene of the accident. The reconstruction expert can use this information to reenact the accident and increase the chances of winning your case.

Contact a California Personal Injury Attorney Near Me

It's no secret that commercial truck accidents are more complex than other auto accidents. There's a likelihood of experiencing severe injuries and dealing with large insurance policies and regulations, leading to intense legal battles with experienced attorneys. At The Personal Injury Attorney Law Firm, we have a reputation for providing top-notch legal services to hundreds of commercial truck accident victims across California. Contact us today at 619-625-8707 for a free non-obligatory analysis of your commercial truck accident claim.