Truck Accident Attorney for Wrecks Caused by Negligence
Truck drivers and trucking companies regularly contribute to devastating crashes, life-threatening injuries, and fatalities. When a driver or company fails to uphold their duties, injured victims and families have a right to demand justice and compensation for their negligence.
We are here to help you through the legal process. Contact our best Los Angeles Truck Accident Lawyers for a free, confidential case review. Call us 24/7 at (213) 510-3261.
Highly Awarded Truck Accident Attorneys Located in Southern California
SKIP TO CONTENT:
- Why Hire an Attorney for Negligence Cases?
- How We Prove Negligence in Your Trucking Case
- Compensation & Damages We Demand for You
- Don’t Miss The Deadline to File Your Claim
- Accidents Caused by Truck Driver Negligence
- Accidents Caused by Trucking Company Negligence
- Accidents Caused by Vehicle Maintenance Negligence
- What Is Negligence in Truck Accident Cases?
- California Negligence Laws
- FAQs
- Helpful Resources
Our Case Results
Why Hire a Commercial Vehicle Accident Lawyer for Negligence Cases?
Navigating complex semi-truck accident cases is best done by an experienced truck accident attorney who knows the law, has extensive resources, and can guide you through a lawsuit from the get-go.
When you hire our experienced team, here’s how our truck accident lawyers can help:
- We’ll Explain Your Legal Rights– Our free case evaluation will help you determine the strength of your case and the strongest next steps
- We’ll Demand Fair Compensation from those responsible
- We’ll Negotiate the Best Truck Accident Settlement possible for your injuries
- We’ll Litigate in Court through a truck accident lawsuit to get you maximum compensation when trucking companies refuse to negotiate fairly
- We’ll Represent You in a Jury Trial if the trucking company and their insurance company refuse to take responsibility for the damages they’ve caused.
- We’ll Use the Contingency Fee Model – The popular “No Fee Until You Win” system helps injured victims across California.
The only way to make dangerous truck companies safer is to hold them accountable for every injury and safety violation they’ve caused.
Jordan M. Jones, Truck Accident Lawyer in Los Angeles
We Work to Prove Negligence in Truck Accident Cases
Attorney Jordan M Jones and the team at Los Angeles Truck Accident Lawyers work hard to establish liability – or fault – in commercial vehicle crash cases. How do we determine who is at fault? We’ll take a very close look at all factors and evidence to build your important injury case, honing in on all instances of negligence. This may include:
- Analyzing driver behavior – Did the truck driver violate traffic laws like tailgating? Were they texting or showing signs of a distracted driver? Were they speeding? Did they break any rules in the California Commercial Driver Handbook?
- Reviewing truck maintenance records and vehicle condition – Is the trucking company following trucking compliance requirements? Do they have qualified people inspecting and maintaining their fleet?
- Obtaining eyewitness statements, police reports, medical records, photos, and video evidence. We’ll bring in experts and accident reconstructionists when needed.
- Investigating trucking company practices – Was the driver properly vetted, trained, and qualified? Did they go through mandatory drug screening? Are they working on an unrealistic schedule? Was the trucking company pressuring the driver to break the law? Many truck drivers are honest, hard-working people, but trucking companies put them in a very bad position to pursue more profits.
- Looking closely at road conditions and similar factors – Did the trucking company plan a safe trucking route? Was weather a factor in the crash? And were the roads safe enough for trucks at the time of the accident?
Bottom line: In California, truck drivers and trucking companies have a legal obligation to ensure the safety of all road users. If they fail to meet this duty of care, they may be held liable for accidents and resulting injuries. Our goal is to thoroughly investigate any potential violations of safety standards or regulations. If negligence is established, we will vigorously advocate for your right to fair compensation for damages incurred due to the accident.
Need a skilled bus accident lawyer? We can help with nearly all commercial vehicle injury cases.
Compensation and Damages We Demand for Clients
Our best truck accident injury lawyers pursue your compensation – known as “damages” – when a truck driver or trucking company has harmed you.
Our goal is to help make you whole again in the eyes of the law, so that your expenses after an accident are covered. Holding trucking companies liable for these damages is essential to our ongoing work for our clients.
In general, we will pursue these damages on behalf of injured victims:
- Medical Expenses – hospitalization, surgeries, doctor’s appointments, physical therapy, medications, and any needed medical devices.
- Future Medical Bills – covering ongoing recovery and rehabilitation, including ongoing care or in-home nursing if your injuries require it.
- Lost Wages – covering income lost due to time away from work needed to recover.
- Lost Future Income Potential – covering scenarios where you must consider a new career path due to serious or permanent injuries.
- Pain and Suffering – associated with physical pain, PTSD, and mental anguish. When merited, we will pursue these damages for you.
- Home Modifications and Accessibility – when you may require a wheelchair and changes to make your home accessible.
- Loss of Consortium – when the crash results in a fatality, or the life of your loved one has been dramatically altered in ways that affect the companionship you once enjoyed, we’ll demand compensation for this loss.
- Funeral Expenses – In fatal accidents, surviving family members must cover funeral and burial expenses. Our truck accident law firm will include this in your truck accident claim.
- Property Damage – including vehicle damage and personal items.
- Punitive Damages – In some circumstances, the truck driver or trucking company’s actions are so reckless that courts allow for punitive damages as punishment for those responsible. We’ll help determine if this applies to your injury claim.
Deadlines Matter: Start Your Case Before Your Opportunity Expires
No matter the type of truck accident you’ve been involved in, don’t go it alone after a collision with an 18-wheeler or commercial vehicle. Know your legal rights and get the truck accident representation you need and deserve.
Deadlines exist in California truck accident cases. This is known as the statute of limitations. In general, you must file an injury claim or lawsuit within two years of your reported accident, and typically within six months for accidents involving government entities.[1a]
One of the biggest misconceptions I see is the idea that a truck accident is like any other car accident. But these cases are complicated, and there is so much more involved.
Jordan M. Jones, Truck Accident Injury Lawyer
Our Pricing: Contingency Fees for Negligence Lawsuits
During a free case evaluation, we’ll discuss how we pursue your justice and compensation using our effective contingency fee model. You pay no fees unless you win.
- If you win or settle your case, you will pay a certain percentage of the money you receive to the law firm
- If we do not make a recovery in your case, the law firm does not receive any payment from you
Reviews & Testimonials
Accidents Caused by Truck Driver Negligence
When a commercial vehicle causes an accident with injuries, poor truck driver choices are often involved. If you’ve been harmed in a crash due to someone else’s negligence, the Los Angeles Truck Accident Lawyers are here for you.
Some of the most common instances of truck driver negligence we handle for our injured clients include the following.
Blind Spot Accidents
Also known as “No Zone” crashes, these occur when a truck fails to identify a vehicle that has entered into or remains in the area where the truck driver’s visibility is significantly limited or obstructed. This often stems from inadequate truck driver training, improperly adjusted mirrors, or having the wrong mirrors.
Disregarding Traffic Signals
Also known as “No Zone” crashes, these occur when a truck fails to identify a vehicle that has entered into or remains in the area where the truck driver’s visibility is significantly limited or obstructed. This often stems from inadequate truck driver training, improperly adjusted mirrors, or having the wrong mirrors.
Distracted Driver – Inattention Or Distraction
Truckers who text and drive, use handheld phones and drive, or fail to pay attention on the roads regularly contribute to these catastrophic crashes. Although Federal laws say a truck driver cannot use a handheld cell phone while driving [1b], there is nothing in the Federal Motor Carrier Safety Regulations prohibiting Bluetooth.
However, the California Commercial Driver Handbook points out that talking on a cell phone – even hands-free – takes up to 39% of a driver’s focus that would otherwise be devoted to safe driving [2]. The California Commercial Driver Handbook also points out that adjusting the radio, climate controls, eating, drinking, or looking at navigation are all forms of distracted driving [3].
Driver On Drugs
California has strict laws regarding drug use for commercial truck drivers, aligning with federal regulations to ensure road safety. California mandates that truck drivers must comply with federal regulations for controlled substances and alcohol testing (CSAT) programs that include:[4]
- Pre-employment testing
- Post-accident testing
- Random testing
- Reasonable suspicion testing
Drunk Driving
The blood alcohol content (BAC) limit for commercial truck drivers in California is 0.04%, which is half the limit for non-commercial drivers.[5]
Failture to Yield
A failure-to-yield accident occurs when a truck driver does not give the right-of-way to other vehicles, pedestrians, or cyclists as traffic laws require. Due to the size and weight of commercial trucks, these accidents can result in severe consequences.
Hazardous & Bad Road Conditions
Truck drivers and trucking companies must uphold their duty to operate their vehicles safely, even in challenging road conditions. Negligence can be established when:
- The driver fails to adjust their speed according to road conditions
- The driver doesn’t exercise proper caution in hazardous weather
- The trucker chooses not to pull over when conditions become too dangerous
- The trucking company pressured the driver to meet deadlines despite known hazards
- In some cases, government entities could be held responsible for road maintenance
The California Commercial Driver Handbook contains a lot of great information instructing truck drivers what they are supposed to do in hazardous driving conditions like rain, snow, ice, heavy traffic, and fog.
Hit and Run
In California, truck drivers involved in accidents are legally required to stop in a safe location, provide their contact details and vehicle registration to those injured, offer reasonable assistance, and provide details to police officers.[6] Failure to comply with these requirements may establish negligence and can result in criminal charges for the truck driver.
Improper Backing Up
Hundreds of deaths and thousands of injuries are attributed to poor backing each year.[7] Most trucking fleets instruct their drivers to use the GOAL (Get Out And Look) method before backing up. That’s because semi-trucks are large commercial vehicles that have significant blind spots. The California Commercial Driver Handbook says to always back towards the driver’s side – it’s extremely difficult for a truck driver to see when backing toward the passenger side [8].
Backing across a roadway is extremely dangerous, and often results in side underride crashes. Many industry materials specifically say to avoid backing across a highway at all costs, but if you must, then use a helper to control traffic [9].
Improper Passing or Turning
Sometimes referred to as “wide turn accidents,” collisions involving a big rig improperly passing or turning can occur when a truck driver fails to check blind spots before changing lanes, misjudges the space needed to safely pass another vehicle, doesn’t signal their intention to pass, or attempts to pass in a no-passing zone or on a curve.[10] Improper “jug handle” turns where a truck swings wide to the left before making a right-hand turn often result in crashes and are prohibited by the California Commercial Driver Handbook [11].
Intersection Collisions
Intersections require additional care from truck drivers. The majority of crashes that occur in intersections are caused by a failure to yield, running red lights or stop signs, turning errors, speeding, and distracted driving. Truck drivers must exercise extra caution in intersections and make sure they have enough time and space to clear the intersection without putting other vehicles at risk.[12]
Spillage of Contents
The Federal Motor Carrier Safety Administration (FMCSA) has specific cargo securement rules. Violating these regulations can be seen as negligence.[13] When cargo or materials being transported by a large commercial vehicle fall onto the roadway or other vehicles, these accidents can be particularly dangerous. Negligence typically exists with improper loading, overloading, defective equipment, or sudden braking or sharp turns by the truck driver.
Tailgating
California requires truck drivers to maintain a safe distance from the vehicle in front of them.[14] When an 18-wheeler follows another vehicle too closely, leaving insufficient space to stop or react to sudden changes in traffic, dangerous accidents may occur. Negligence may exist in tailgating accidents with distracted truck divers, speeding, or in conditions with poor visibility where the driver is tailgating and has not adjusted to known risks. The California Commercial Driver Handbook says to leave even more space at highway speeds [15].
Unsafe Lane Changes
Unsafe lane change accidents can result in sideswipes and similar crashes. Negligence commonly exists in collisions where a truck driver fails to check blind spots, does not use turn signals (or gives insufficient warning when changing lanes), misjudges the speed and distance of other vehicles, becomes distracted, or drives too aggressively when changing lanes.[16]
Unsafe Speed
Serious accidents may occur when a truck driver exceeds the speed limit, or drives too fast for weather and road conditions. The FMCSA notes that “speed is a factor that increases the risk of being involved in a crash.”[17] Negligence may exist in trucking accidents when drivers speed to meet deadlines, violate tailgating rules and do not have adequate stopping distance, speed on wet, icy, or poorly maintained roads, or become distracted or aggressive while driving.
Visual Obstructions
A visual obstruction big rig accident occurs when a commercial vehicle blocks the view of other drivers, leading to collisions. Negligence most commonly exists in these personal injury cases when a truck stops at an intersection, carries an oversized load making it difficult to see around their own cargo, or when semis are improperly positioned on the road, blocking the view of traffic signs, signals and other vehicles.
Another common visual obstruction in the trucking industry is when box trucks or “sprinter vans” are delivering packages, and the truck driver piles them up on the dash to grab them faster so they can meet their delivery deadlines.
Accidents Caused by Trucking Company Negligence
Trucking companies must ensure the safety of their fleet and their drivers. Failure to uphold these duties may result in a truck accident lawsuit against the trucking company. Our experienced truck accident lawyer for wrecks caused by negligence will pursue your justice and compensation to hold these companies accountable.
Some of the most common instances of trucking company negligence we handle include the following.
Compliance Violations
Commercial vehicle companies must comply with FMCSA and Department of Transportation (DOT) regulations, which are designed to ensure road safety. When compliance violations occur, trucking accidents may follow. Negligence on the part of trucking companies commonly exists in compliance cases that include: Hours of Service Violations, Improper Vehicle Maintenance, Overloading, and Negligent Hiring Practices.[18]
Driver Fatigue
Unrealistic schedules and pressure from the trucking company or freight broker can often lead to extreme driver fatigue for drivers operating massive trucks with heavy cargo. Truck drivers are not supposed to drive if fatigue is impairing their ability to operate safely [19]. This rule applies even if the truck driver is otherwise within their hours of service. This is a recipe for disaster and is a form of negligence leading to a truck accident lawsuit.
Oversized Load
These accidents often occur with improper handling of loads that exceed legal dimensions or weights. Loads exceeding 8’6″ wide, 14′ high, or 80,000 pounds require special permits.[20] Trucks must display appropriate warning signs for loads exceeding these dimensions. Oversized loads also may require specific vehicle configurations. Route planning also becomes important for oversized loads to avoid collisions with bridges, overpasses, or other vehicles.
Poorly Planned Routes
Trucking companies must put safety first when planning driving routes. Negligence may occur in a truck accident when companies fail to assess the suitability of a route for their vehicles, when they ignore restrictions on truck traffic due to low bridges, weight limits, or narrow lanes, when a route directs a truck through areas of increased vehicle and pedestrian traffic, and when commercial vehicles fail to account for construction zones, detours, or even poor weather conditions that affect roads.[21]
Poorly Screened Truck Drivers
Trucking companies must properly vet every driver in their fleet. When accidents occur, negligence may exist in scenarios where the company fails to complete a thorough background check (required by the FMCSA), ignores red flags like multiple traffic violations or DUIs, fails to verify driver qualifications, does not contact the driver’s prior employers, or do not conduct proper drug and alcohol screening.[22]
Unrealistic Schedules
Trucking companies and truck drivers must take Hours of Service (HOS) very seriously. California truck drivers must:
- Drive no more than 11 hours after a 10-hour off-duty cycle [23]
- Stop for at least 10 full hours after 14 hours on duty [24]
- Limit their driving to 70 hours total for any eight consecutive days [25]
Failure to comply with HOS policies may establish negligence in truck accident personal injury cases.
Unsecured Cargo Load
Cargo transported by commercial trucks must be properly secured. When trucking companies fail to restrain the goods they load onto a tractor-trailer, a very preventable accident can occur due to the shifting or spilling of contents onto the roadway, often striking other vehicles. Improper loading, inadequate restraints, faulty equipment, and overloading all contribute to these common types of truck accidents. Poor truck driver training also causes these wrecks.
Sometimes trucking companies simply don’t train their drivers. Within the first 50 miles of driving, truck drivers are supposed to check on their load and make sure it is secure.[26] Unfortunately, many trucking companies never tell their drivers this rule or enforce it.
Trucking Companies Must Stay Current with Vehicle Maintenance
Trucking companies must complete maintenance on all vehicles for the safety of their fleet and other vehicles sharing the roads. They must also train their truck drivers to spot maintenance issues before they turn into driving emergencies.
Our experienced truck accident lawyers know how to spot maintenance negligence, hold trucking companies accountable, and demand fair compensation for injured victims and their loved ones.
Below are common maintenance issues that often lead to accidents.
- Brake failure
- Headlight Defects
- Lack of Inspection or Maintenance
- Steering Failure
- Tire Blowouts
- Tow Hitch Defects
- Mechanical Failure
- Missing or Improper Carriage Underride Guards
LEARN MORE: Truck Accident Lawyers for Maintenance Issues
I’ve worked hard to build a very deep knowledge of the Federal Motor Carrier Safety Regulations and the entire trucking industry. It’s one thing to know the law, but a successful truck accident attorney must also understand the industry and what things look like in practice.
Jordan M. Jones, Truck Accident Attorney in Los Angeles
What Is Negligence in Truck Accident Cases?
Negligence is the most common basis for truck accident personal injury claims.[27] In truck accident cases, negligence refers to the failure of a truck driver, trucking company, or related party to exercise reasonable care, resulting in harm or injury to others.
These Elements of Negligence Matter for Your Case
When we work to establish negligence on the part of the truck driver or trucking company, we’ll hone in on these four areas of negligence:
- Truckers And Trucking Companies Have a Duty of Care: Truck drivers and commercial trucking companies have a legal obligation to ensure the safety of other motorists on the road. This duty includes following traffic laws, adhering to FMCSA regulations and California rules, and adhering to industry customs and practices.
- Truckers Or Trucking Companies May Breach Their Duty: A breach occurs when the truck driver or trucking company fails to meet their duty. This is called “falling below the standard of care.” This can involve violating traffic laws, FMCSA regulations, or acting in a manner that a reasonable person in the trucking industry would consider unsafe.
- The Breach of Duty Caused the Accident & Injuries: There must be a link between the breach of duty and the resulting accident. For example, if a truck driver was texting while driving and caused a truck accident because he was distracted, our semi-truck accident attorneys could establish a link for causing the crash.
- Damages Exist as a Result of the Truck Accident: Our clients must have suffered actual harm or losses as a result of the accident. This can include physical injuries, emotional injuries, property damage, or financial losses.
Pure Comparative Negligence: California Is an At-Fault State
California is considered an At-Fault state, using a Pure Comparative Negligence system.[28] This means that the truck driver or trucking company who caused the crash is responsible, or “liable,” for paying compensation (known as “damages”) to those who have been injured.
Injured victims can still pursue an injury lawsuit and recover damages even if they are partially or nearly completely at fault (up to 99% at fault). If you hold some fault for the accident, you may still collect damages, but they would be reduced by the percentage you are at fault. So for example, if you are deemed 35 percent at fault, you may still collect 65 percent of the damages.
Truck Accident Attorney Jordan M. Jones
Attorney Jordan M. Jones has dedicated his legal practice to helping victims of serious truck accidents in Southern California.
As one of only a handful of attorneys located in California who is Board-Certified in Truck Accident Law by the National Board of Trial Advocacy, Jordan has litigated over one hundred truck accident injury cases with a strong track record of success.
LEARN MORE: Attorney Jordan M. Jones
Helpful Resources
- Types of Truck Accidents
- Recent Case Results – See our settlements and verdicts
- Testimonials & Reviews – Hear from our clients
- Contingency Fees – Learn about our attorney fee structure
- Meet Truck Accident Attorney Jordan M. Jones
- About Us – Learn more about our law firm
FAQs about Truck Accident Negligence Cases
In California, negligence in a car accident involving a semi-truck is established when the truck driver, trucking company, or other related parties fail to exercise reasonable care, resulting in harm or injury to others. A failure in these circumstances could include violating traffic laws or FMCSA regulations, distracted driving, driving under the influence of drugs or alcohol, exceeding hours of service regulations, improper vehicle maintenance, and more.
Yes, you can sue for negligence in a car accident with a semi-truck or other commercial vehicle in California. To successfully pursue a negligence claim, you must first establish that negligence exists on the part of the truck driver, the trucking company, or the vehicle or parts manufacturers (in cases of defective equipment). The trucking company is also responsible for its driver’s negligence (known as “vicarious liability”).
Disclaimer: The information contained in this website is provided for informational purposes only and should not be construed as legal advice on any subject matter. The information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Reproduction, distribution, republication, and/or retransmission of material contained within the Los Angeles Truck Accident Lawyers (trucklawyers.com) Website is prohibited unless prior written permission has been obtained.
The above injury information should not be construed as medical advice. When injured, visit your healthcare provider or the emergency room immediately, even if you are not symptomatic following the accident. Failing to attend medical appointments may indicate to those representing truck drivers and trucking companies that you are not as seriously injured as your complaint suggests.