California Big Rig Truck Accident Lawyers and Large Commercial Truck Accident Attorneys Must Consider Applicable State & Federal Law and the Legal Theories Against Trucking Companies and Shippers in Serious Injury Truck Accident Litigation
Big rig truck accident lawyers and commercial large truck accident
attorneys in California and other states must consider the applicable
federal and state law applicable to big rigs, semis, 18 wheelers, and
all other "large commercial trucks" weighing in excess of 10,000
pounds. These laws govern everything from the number of hours that the
truck drivers are permitted to drive between 8 hour rest periods,
keeping logs with regard to their driving time and rest periods, and
providing their logs to all employers or contracting trucking companies
or contracting shippers, through permissible load weights and manner of
securing the loads.
In serious injury truck accident cases, the big rig truck
accident lawyers, and large commercial truck accident attorneys, must
also be knowledgeable of the legal theories of action available against
the trucking companies and shippers. All to often, unfortunately a big
rig truck accident will result in serious or catastrophic injury. Big
rigs and large commercial trucks weigh between 3 an 30 times the
average weight of an ordinary passenger car. The car driver and his
passengers, in addition to their devastating and life altering injuries
may suffer substantial medical expenses, including the prospect of
future medical expense measured in the hundreds of thousands or
millions of dollars, and past and future earnings losses of equal
magnitude. And yet, under federal law and most state laws, the truck
driver is only required to carry $750,000 in liability insurance.
Bikers of Lesser Tolerance
Furthermore, as an artificial means of attempting to insulate
themselves from liability, the trucking companies and shippers will
commonly hire the drivers as "independent contractors" rather than
"employees." Therefore it is very important for big rig truck accident
lawyers and commercial truck accident attorneys to identify through
investigation the evidence to establish the liability of the trucking
company or shipper under the available legal theories in order to name
them as defendants in the litigation, and access their larger insurance
policies and their assets to pay for the injury and damages suffered by
the accident victims.
Examples of such legal theories include "negligent entrustment"
and "negligent supervision." The big rig truck accident lawyers, and
large commercial truck accident attorneys investigation in California
and in other states is in part influenced by the federal and state law
described in part above, including everything from obtaining the
driver's personnel file and sometimes the driver's criminal record for
DUI alcohol or drug abuse, in particular amphetamine drug use is common
in the trucking industry, to determine whether the driver was
negligently hired, through examining whether the drivers logs of time
on and off duty were properly and timely submitted to the trucking
company or shipper, and whether the logs evidenced compliance with the
applicable federal and state laws, through the records of the weights
of the load, and evidence with regard to the manner in which the load
was secured. For a more complete discussion of the California big rig
truck accident attorneys and large commercial truck accident lawyers
investigation relevant to establishing the liability of trucking
companies and shippers in serious injury truck accident litigation, you
are invited to consider
The
California Big Rig Truck Accident Lawyers and Commercial Truck Accident
Attorneys Approach to Establishing Shipper Liability in Serious Injury
Truck Accident Litigation which we believe would also be generally
applicable to big rig and large commercial truck accident cases in most
other states, particularly with regard to the application of legal
theories based on federal law as well as analogous state statutes
similar to those enacted in California.
While auto accident cases, and even big rig truck accident cases
may appear "simple" in terms of the liability of the truck driver - for
example, where the big rig runs a red light, or where the truck
"jackknifes," the trailer of the truck moving sideways, sometimes
causing the truck to roll - in cases where the car driver and
passengers suffer serious injury it must be recognized by the lawyers
who take on the litigation that they will have the responsibility to
become knowledgeable about the applicable state and federal law, and
consider the legal theories available against the trucking company
and/or shipper, where the driver's insurance coverage is inadequate to
pay the accident victim's full measure of general and special damages.
The special investigation techniques referred to above and on the cited
page are required, in addition to the normal truck accident
investigation. In serious injury litigation, the personal injury lawyer
or big rig truck accident lawyers or large commercial truck accident
attorneys must also be knowledgeable and experienced in the
presentation of their seriously injured client's "general" and
"special" damages to assure that full and fair compensation is obtained
for his injuries, pain and suffering, loss of enjoyment of life, his
past and future medical expenses and past and future earnings losses.
In the latter respect, this requires the attorney to contract with a
number of medical experts, in addition to "life care planners"
"vocational rehabilitation experts" and forensic economists. Serious
injury truck accident cases, indeed, while they may "appear" to be
"simple" cases of liability and damages, are cases that are most
commonly highly complex.
Principle trial attorney,
California Personal Injury Attorneys & Big Rig Truck Accident Lawyers Law Group
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