Ventura Truck Accident Attorney
If you were injured in a trucking accident in California, contact experienced Ventura truck accident attorney Craig Murphy for a free one-on-one consultation.
The roadways aren’t the safest places to spend your time. For the average person, the most dangerous thing they will do on a regular basis will be driving on the road. And accidents with large trucks are especially commonplace. According to the Federal Motor Carrier Safety Administration, there were roughly 500,000 collisions involving large trucks in 2016, with just over 4,200 of these accidents resulting in a fatality.
Many of these crashes are preventable and senseless because they are the result of unsafe driving, such as driving under the influence of alcohol or texting while driving. But some of these accidents that cause a death or serious injury are the result of the laws of physics. When a larger vehicle crashes into the smaller vehicle, it’s usually the smaller vehicle that suffers most of the damage.
The good news is that anyone riding in the larger vehicle is more likely to survive the accident. The bad news is that anyone in the smaller vehicle is more likely to suffer a severe injury or die. This is a major reason why accidents with trucks (especially commercial trucks), are particularly devastating to human life.
If you have been involved in an automobile accident that included a truck or other type of large commercial vehicle, consider yourself lucky to still be alive. But that doesn’t mean you have to accept any injuries or financial losses that result, especially if the driver of the commercial truck was at least partially at fault. It’s not fair for you to have to bear the full burden of lost income from missed work and pay mounting medical bills just because you were involved in an accident with a truck.
Then there are the intangible losses, such as losing time with your family and the physical pain you must endure as a direct result of the accident. Luckily, there’s a possibility that you may be entitled to compensation for these and other damages you face. But it usually takes the skills and experience of a Ventura truck accident attorney to navigate the legal and insurance maze of rules and laws.
What Makes Truck Accidents Unique?
If you’re looking for a Ventura truck accident attorney, most likely your accident involved a commercial truck. There are advantages and disadvantages to getting involved in an accident with a commercial truck versus a traditional private vehicle.
One advantage is that a commercial truck driver (or the driver’s employer) is more likely to have the financial resources to fully compensate you for your financial, physical and emotional damages. Whether it’s the larger bank account of a trucking company or the higher policy limits of a commercial insurance policy, the odds are better (although not guaranteed) that you can obtain a full recovery. Of course, this assumes that the commercial truck driver or the truck company are legally responsible for your damages and are at least partially at fault for the accident.
A second advantage is that there is a greater chance of finding evidence as to why the accident happened. Commercial trucks are more likely to have dash cams, driver logs or “black boxes” that can help provide information as to the circumstances just before or during the crash.
A disadvantage of having to deal with a commercial trucking company and its driver is that it can be difficult to get evidence concerning the accident. Commercial truck companies are in the business of moving goods, people or material, so they want the truck or other commercial vehicle repaired and back on the road as quickly as possible. This means it’s sometimes harder to get photographs, truck parts and other forms of physical evidence to prove negligence or that the truck driver was otherwise at fault.
Truck companies should protect potential evidence, but it’s not surprising that they might not realize something will serve as evidence. Occasionally, this will result in someone “accidentally” disposing of evidence claiming they were just making necessary repairs or getting rid of damaged vehicles or truck parts as a part of the normal course of doing business.
Another disadvantage is the complex array of state and federal laws that apply to commercial truck drivers and businesses. Congress and state legislatures understand how dangerous truck accidents can be, so they have created special laws to protect other drivers on the road. For example, commercial truck drivers have restrictions on how long they can drive in one shift or how much maintenance a truck must go through for a certain number of hours or miles on the road. When these requirements are not followed, it could end up being the cause of the accident such as when a driver falls asleep at the wheel or there is a mechanical failure in part of the truck.
Finally, a disadvantage when dealing with commercial trucks is figuring out who is legally responsible for the accident. For instance, let’s say a commercial truck driver was distracted by his cellphone when he crashed into your vehicle. He admits he was on his cellphone, but claims his brakes failed and that’s why the accident happened. He also says that he was on his cellphone because his boss told him to check his email while he was driving to save time and get more work done during the day.
So who’s responsible for the accident? Besides the driver, there is a host of potentially responsible parties, such as:
- The driver’s boss.
- The driver’s employer.
- The maintenance company that worked on the truck brakes.
- The parent company that owns a controlling interest in the driver’s employer.
- The manufacturer of the truck or the truck’s brakes.
Perhaps all of the above parties are responsible for the accident, but maybe only one or two of them are. It can take extensive investigating to get everything sorted out. Much of this investigation will take place only after a civil lawsuit has begun, but you’ll probably want the help of a Ventura truck accident attorney to conduct the most thorough investigation possible.
Are You Looking for a Ventura Truck Accident Attorney?
Let’s talk. Really, you and me. Call today for a free one-on-one consultation.