Truck Accident Lawyer Serving Palm Springs

One of the more common sights in Palm Springs is the large number of 18-wheeler trucks that are driven on the area’s roads. Because of this, it’s no surprise that there are also a large number of truck accidents that tend to go with them.

The causes of these accidents can come from many different reasons that include: poor weather, parts failure and the fact that these trucks are driven for many more miles than the average car or truck. As a matter of fact, around 10% of the deaths caused by accidents on the road, will include a large truck. If you or a loved one have been injured in an accident involving a truck, contact experienced truck accident lawyers, serving Palm Springs.

While poor weather or a parts failure might be the cause of a large truck accident, these are just a couple of the many reasons why a truck crash can occur. There is another very common reason why this can happen and that has to do with a negligent individual or company. Some examples of negligence include:

Driver Error – This reason is probably the most common. When we look at a truck, we need to understand that we are looking at a huge machine that can go at a high rate of speed. The person who is driving that machine controls just about every move that it makes. So, it’s very important that the driver must stay alert every moment that the truck is on the road. Even a small mistake can cause an accident with very serious outcomes. If you add drugs or alcohol into the mix, then you can create a deadly disaster.

Despite the increased size and impact of truck accidents, truck drivers often drive recklessly. They often drive drowsy to reach mileage goals set by their companies and may be operating their truck while under the influence or while distracted.

Other truck accidents in Palm Springs reasons can include:

• Trucks that are trying to carry too much weight – (past the legal limit)
• A truck that is too big for the road that it is trying to travel on
• A “blind spot” in which a driver can’t see an obstacle
• Not obeying truck driving laws
• Not taking the legal rest breaks
• Driving past the number of legal driving hours
• Driving trucks that have not had their proper legal inspections
• Unfit drivers that are hired by poor quality trucking companies
• Drivers that are not supervised properly
• Not enough driver training
• Using a trucking company that has a poor driving record.

Trucks that need repairs – Trucks are usually on the road for many more miles than the average car or truck. This means that the truck parts (tire’s, etc.) will end up getting a lot of wear and tear that must be checked on a regular basis. If this isn’t done, then you can expect a parts failure at some point in time.

Parts that are poorly made – Of course, a truck driver cannot be held at fault if the truck’s parts were never made correctly, in the first place. But these poorly made parts can still cause an 18-wheeler truck accident. An experienced truck accident attorney may be able to learn whether or not a bad truck part was the cause of an accident. If this is the reason, then the company that made the part can be held liable.

Truck Overloading – Each truck has a legal limit when it comes to the amount of weight that it can legally carry. If too much weight is loaded onto a truck, then the driver may easily lose control while driving or the cargo can fall off and cause accidents for other cars and trucks on the roadway.

Trucks that are overweight can be a serious issue on Palm Springs’ roadways. Although there are laws that come from both federal and state agencies, one can still find overloaded trucks on the highways. Weight limits are detailed at: The Federal Motor Carrier Safety Administration. These weight limits are determined by: truck weight ratings, truck working load limit, a truck’s ability to brake, etc.

While on the highway, you’ll see state and federal stations that are there to check the weight of the trucks that are driving on the road. But even with this set up and the different programs that check truck weights, you can still find many trucks that over their weight limit. Legal weight limits include:

Semitrailers – The maximum weight that a semi is allowed to carry is:

• 20,000 lb (9,100 kg) on a single axle
• 34,000 lb (15,000 kg) on a tandem
• 80,000 lb (36,000 kg) total for any vehicle or combination
• The maximum weight, per axel, is 20,000 pounds with the axels spaced no less than 40 inches apart and no more than 96 inches apart.

Its maximum width is 8.5 ft (2.6 m) and no maximum height.

U.S. Semitruck – The maximum weight (with full trailer) is 80,000 pounds that is distributed over 18 wheels. (23 U.S.C. 127).

Trucks must also be equipped with a rear-end underride protection device according to 49 C.F.R. s. 393.86

It is equipped with a substantial rear-end underride protection device meeting the requirements of 49 C.F.R. s. 393.86, “Rear End Protection.”

In Palm Springs (and the rest of the state), the law s. 316.550 states:

• In a truck tractor-semitrailer combination, the semitrailer cannot exceed 48 feet in its overall outside dimension. This is measured from the unit’s front to its rear. This will usually exclude energy conservation and safety devices that have been approved to be utilized on open roads, by the Palm Springs Department of Transportation.
• In order to operate a semitrailer that is over than 48 feet in its lengths, may only operate in Palm Springs if a special permit is used s. 316.550.

It can become very difficult when trying to figure out who is really at fault when it comes to a Palm Springs truck accident. In some cases, it could be that the driver is at fault. Or it may be that the trucking company did something illegal. It can even be the company that made one of the parts for the truck. If the loading company overloaded the truck and both the driver and the trucking company knew about it, then all three may be found at fault.

If a commercial vehicle is involved, the employer can be held responsible for its employees’ actions, as long as the employees acted in the scope of their employment. This means a trucking company or another large corporation will likely be liable for any damages you have sustained. For legal guidance, contact the experienced truck accident attorneys at Frankl Kominsky. Your first consultation is free so you have nothing to lose.

National statistics, for large truck and bus accidents have found:

• With fatalities for large truck crashes, 68% of those killed were riding in the smaller vehicle, also 15% were bicyclists, motorcyclists and even pedestrians. This is compared with only 16% of truck occupants who were killed.
• From the years 2009 to 2014, an increase in the number of truck accident fatalities amounted to 16% of reported accidents.
• About 59% of the deaths involving commercial trucks have occurred on major roadways that were not part of any interstate or freeway system. Also, 9% have occurred on smaller roadways.
• Truck accidents occur most frequently during the hours between 6 a.m. - 3 p.m., when 47% have been documented. Also, during those times, 47% of fatalities have also been reported.
• About 16% of commercial truck accidents happen on the weekend (Saturday and Sunday).

There is a statute of limitations on truck accident negligence lawsuits. This means that you just have 2 years, from the time of the accident, in order to file your lawsuit (under most cases). If the lawsuit is being filed for wrongful death, you will have just 2 years to file the lawsuit. Since the first consultation with a our truck accident attorneys is free, you have nothing to lose by speaking with a lawyer. An attorney may assist you in determining what your options are, in the case of a Palm Springs truck accident.

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The damages that a truck accident victim may claim fall into 2 categories. These are:

• Economic damages – These relate to medical costs, income loss, etc.
• Non-economic damages – These are items such as; pain and suffering and other issues that are not financial losses.
• Medical expenses
• Therapy and rehabilitation
• Vehicle or home modifications to accommodate a disability
• Current and future lost wages
• Lost of earning capacity
• Mental anguish
• Loss of Consortium - losing a spouse, parent or child
• Pain and Suffering
• Repair or replacement of your vehicle
• Other accident-related expenses

Deaths and injuries from a Palm Springs overloaded/overweight truck accident can be the result of negligent behavior, which may occur in Palm Springs at any given time. In addition, it’s important to understand that while high speeds are often a factor, there are also many times when this isn’t the situation. There have been a number of cases in which a very low speed truck crash have resulted in severe and debilitating injuries. If you or a loved one are involved in a Palm Springs overloaded/overweight truck accident that occurred at any speed, it is advised that you seek medical care and the advice of a truck accident personal injury attorney.

Discuss your case with an Overloaded/Overweight Truck Accident Personal Injury Attorney Serving Palm Springs Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.