Research shows that truck driver fatigue is one of the most common factors in truck accidents and fatalities. To address this, in 2013, The Federal Motor Carrier Safety Administration (FMCSA) implemented Hours of Service (HOS) rules dictating the maximum hours a trucker can drive in a work week. At the end of 2014, Congress suspended parts of the HOS rules. This undermines the safety measures taken in 2013 to prevent driver fatigue and reduce the risk of serious truck crashes. Unfortunately, we may now see an increase in injury or wrongful death from trucking accidents.
When a trucking accident occurs, a truck driver or a trucking company can be held legally responsible for causing the collision. This means the truck driver or his employer may need to pay truck accidentvictims for damages and losses. Under California personal injury law, a trucker and trucking company is considered responsible for causing an accident, and is required to provide compensation to victims, if there was negligence or if either violated a state or federal safety rule.
While truckers and trucking companies can be held responsible for the consequences of truck collisions, victims must actually take steps to pursue a claim in order to receive compensation. It is important to understand who is entitled to sue for injury or wrongful death resulting from a trucking accident. California law is clear on what victims’ rights are after collisions, and victims need to understand the law in order to use the legal system to obtain the compensation they deserve.
Who May Sue for Injury Resulting from a Long Beach Trucking Accident?
A victim who suffered some type of physical injury in a truck accident may file a lawsuit. Involvement in an accident that causes only emotional trauma is not usually sufficient to file a civil lawsuit for a truck crash. Victims who are eligible to sue can include:
- A driver or passenger of a car hit by a truck
- A bicycle rider who is hit by a truck
- A pedestrian who is hit by a truck
- A motorcyclist who is hit by a truck
Truck drivers who are involved in truck crashes are generally not allowed to sue employers but instead must make a workers’ compensation claim. However, if a trucker is hurt in a collision because of defective equipment or negligence on the part of a truck manufacturer, the trucker may file a lawsuit against any non-employer.
Who May Sue for Death Resulting from a Long Beach Trucking Accident?
When a victim is killed by a truck crash, close surviving family members may file a wrongful death claim. This can include spouses, domestic partners, surviving children, and other close relatives or dependents. The family members may file a wrongful death claim if the victim, had he or she not died as a result of the crash, would have had a personal injury claim against the truck driver and/or the trucking company.
The purpose of a wrongful death case is to provide compensation for financial losses caused by the untimely death, as well as for loss of the deceased’s companionship and emotional support.
A Long Beach Truck Accident Lawyer Can Help You Sue for Injury or Wrongful Death from a Long Beach Trucking Accident
Your Injuries Are Personal To Me
In order to sue for injury or wrongful death resulting from a Long Beach trucking accident, you must be able to show that a defendant had a duty, failed to fulfill that obligation, and as a result, caused injury or death. A Long Beach truck accident lawyer can obtain the evidence needed for a successful personal injury or wrongful death claim against all those responsible for the truck accident.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.
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