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Carlsbad Speeding Truck Driver Accident Lawyer
A truck accident, even at lower speeds, can be devastating. If the truck is speeding, the consequences can be catastrophic injuries and/or death. Big trucks cannot stop on a dime. Speeding is negligent behavior. In 2018, 4,136 people died in crashes involving large trucks. Of those deaths, 16 percent were in a truck, and 67 percent were in a smaller car. In 2017, 9,710 people were injured in truck collisions, and 459 of those injured were in San Diego County.
The Levinson Law Group has seen the aftermath of many big truck accidents caused by a Carlsbad speeding truck driver. Every single crash could have been avoided. Survivors of such an event wonder who is going to pay their medical bills, what is going to happen at work, and how long is the nightmare of the crash with its horrific injuries going to last. We have straight answers to all of your questions. Any time. We’re here for you and your family.
Speed kills
Truckers speeding to get to their destination greatly increasing the risk of commercial delivery vehicle accidents. It goes without saying that given the size of a big rig, up to 80,000 pounds, survivors, if any, sustained severe, life-threatening injuries. Some do not survive.
Trucking companies have deadlines to meet to ship their cargo, and drivers on the road are often given tight if not impossible deadlines to meet to deliver the goods. While drivers are, by federal law, supposed to take rest breaks, if they are on a tight turnaround trip they keep on going despite being tired. Speeding helps them meet a deadline. However, speed kills. A speeding truck can crush a smaller vehicle on impact to the point where the Jaws of Life are required to cut the trapped passengers out.
The doctrine of respondeat superior
This doctrine holds an employer, such as a trucking company, or principal legally responsible for wrongful acts of an employee or agent, if such an act happened within the scope of the employment or agency.
Even though the truck driver was involved in the crash, the trucking company could face liability if they did not check the driver for proper licensing or qualifications when he or she was hired.
Truck drivers are held to a higher standard than regular motorists and must comply with federal rules and regulations as set out by the Federal Motor Carrier Safety Administration (FMCSA).
Drivers must:
- Possess a valid commercial driver’s license
- Be at least 18 years old to drive in California
- Obey “all” rules of the road no matter where they are
- Maintain the truck by regularly inspecting it
- Drive only 11 consecutive hours after being off-duty for 10 hours
- Take a break for half an hour after driving eight consecutive hours
- Must not drive while impaired by drugs or alcohol
- Must not text and drive
- Must comprehend English enough to keep accurate vehicle logs, read all traffic signs and be able to communicate with others
The trucking company must:
- Check a prospective new hire’s background
- Have ongoing training in place
- Check that the fleet is maintained regularly
- Order cargo loaded within weight and size limits and properly secure it
- Conduct random alcohol and drug tests
- Investigate all accidents during a driver’s shift
- Review all driver’s logs and make sure they are accurate
- Make sure all trucks on the road are not over 80,000 pounds
Speeding plus other factors cause collisions
A big rig has known blind spots – to the driver. A passenger vehicle driver is not always aware of those blind spots. A trucker cannot always see smaller cars, and if they are speeding, they do not always see the vehicle beside them, an error that can result in a sideswipe accident.
A large truck doing more than the posted speed limit, which may also be fully loaded, needs a greater distance and more time to stop. If there is a construction zone ahead, or another hazard, stopping in time to avoid a crash does not happen. The results of a Carlsbad speeding truck driver accident can be deadly.
When there are sharp turns and curves on the roads, any driver that is going faster than the speed limit is going to have difficulty handling those turns. It’s always recommended to go into a turn at a reduced speed. Driving a large truck into a sharp curve or turn while speeding is a recipe for disaster. The results could be a rollover or a chain collision with other vehicles.
If a large truck is fully loaded, and the driver is speeding, the cargo can shift. This results in uneven weight distribution and may cause the truck to jackknife or rollover onto another vehicle. The cargo may also fall off the truck where other vehicles run into it. All of these scenarios can lead to accidents involving serious injuries or death.
Speeding is negligent
Proving negligence in a Carlsbad speeding truck driver accident involves five elements:
- That the at-fault party owed all, including you, the duty to be careful at all times;
- That the person who caused the accident breached that duty;
- That there was actual cause, and if it were not for their actions/inaction, you would not have suffered harm;
- That there was proximate cause which is concerned with how a loss or damages occurred, and this was the direct cause of your injury; and
- That there were damages caused by the accident.
Injuries typically suffered in a Carlsbad speeding truck driver accident
Injuries may include:
- Amputations
- Burns
- Crush injuries
- Traumatic brain injury
- Skull damage
- Paralysis, partial or total
- Spinal cord damage
- Internal organ damage
- Internal bleeding
- Permanent disabilities
- Broken, crushed, fractured bones
- Lacerations
- Facial injuries
- Scarring
The types of injuries sustained in a truck accident are lifelong causing a myriad of medical issues. You may need daily assistance, ongoing therapy, frequent doctor’s visits, and not be able to work. We are here to help you, provide you with the information you need about your legal rights, and give you straight answers to any questions you may have.
Contact the Levinson Law Group Today
If you or a loved one were involved in a Carlsbad speeding truck driver accident, reach out to the Levinson Law Group attorneys right away. At the Levinson Law Group, our dedicated team of Carlsbad speeding truck driver accident lawyers is here to help.
If you have questions about the recovery process, we can answer them. If you are not sure you want to bring a case against the other driver, we will not pressure you. We only want to make sure that you are informed so you may make the best decision for yourself and your family.
When you decide to work with the Levinson Law Group, rest assured you have someone in your corner throughout the entire process. To learn more about your options, call the Levinson Law Group at 760-827-1700. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.
