A tragic wreck was reported this morning. A big-rig is alleged to have run a red light and struck multiple vehicles. The truck rolled over due to the force of the impact.
Two people died in the crash and 6 to 8 others were being evaluated for various injuries.
As of this morning southbound Highway 135 is still closed.
The driver of the big-rig was arrested for driving under the influence of drugs and/or alcohol. In reviewing photos graphs of the wreckage it appears that the truck was a Sysco truck.
Sysco Central California is based in Modesto, Ca. and reports having 104 drivers covering 2,818,652 miles per year in 2018.
The Federal Motor Carrier Safety Regulations are very strict concerning a driver’s behavior.
The limit for the presence of alcohol in the system is lower than a standard passenger vehicle. According to FMRS § 392.5, a driver cannot have more than a 0.04% blood alcohol level in his system while driving a commercial motor vehicle. This is one-half of the limit for the driver of a passenger vehicle.
Drugs are even a bigger problem with big-rig drivers. Of course, there are some drivers who use illicit drugs simply for the high. However, there is a huge problem with big-rig drivers using stimulants to keep them awake on long drives. A driver arrested for alcohol or drug use so early in the morning lends one to believe that this is a stimulant drug case.
Amphetamines and cocaine may help drivers stay awake, but these drugs can cause vertigo, agitation, hallucinations and change perceptions and reactions, which are critical areas for a truck driver.
Whenever a truck driver is involved in a wreck there are several factors that must be immediately evaluated.
First, a driver must be tested immediately after a wreck for alcohol or drugs, even if he is not suspected of being under the influence. Here, clearly, the police have suspicion so the driver has already been tested.
Secondly, it is important to examine the log books of the driver. A big-rig driver must keep very careful records detailing every minute of his day. The driver must note whether he is Driving, Off-Duty, On Duty Not Driving or Sleeper Birth. A driver has a limited number of hours that he can be on duty and an even more limited time that he can drive in a defined period of time. Typically a driver cannot be On Duty for more than 60 hours in 7 days, or 80 hours in 8 days. In any given 24-hour period a driver cannot drive more than 11-hours. After driving 11 hours the driver must be Off-Duty before restarting his driving time.
A driver’s record of duty status, in duplicate, must be kept by each driver and each co-driver while driving, on duty but not driving, or resting in a sleeper berth. The record of duty status must be presentedfor inspection immedilltely upon request by any authorized CHP employee, any regularly employed and salaried police officer, or deputy sheriff. There may be instances when you do not need to maintain a record of duty status.
COLLISION REPORTING
Every driver involved in a collision which results in death, injury, or property damage over $750 must report the collision on a Report of Traffic Accident Occurring in California (SR 1) to DMY. The report forms are available at www.dmv. ca.gov, or by calling 1-800-777-0133, or at CHP and DMV offices.
You (or your authorized representative) must submit the report within 10 days of the collision whether you caused the collision or not and even if the collision occurred on private property. This form is required in addition to any other report made to or by the police, CHP, or your insurance company if the collision resulted in any damage over $750 and/or an injury or death. If you do not report the collision to DMY, your driving privilege will be suspended.
NoTE:CDLholders may downgrade to a noncom mercial license during any mandatory suspension period to be eligible to obtain a restricted license. All tests and fees will be required to upgrade when eligible.
Failure to keep logbooks, or driving over hours is a separate theory of liability against a truck driver.
The next question that must be answered when evaluating a trucking case is the role of an employer. Some drivers run as “Owner-Operators”, which means they own and maintain their own trucks, while others work for trucking companies. Either way, the trucking company has obligations to ensure the driver is fit to drive. The driver must be properly trained. The drive must pass random drug tests. The company must have a system in place to review and maintain custody of log books for at least 6-months.
Finally, it is important to determine the amount of insurance coverage available. The FMCSR mandate that a big-rig carry at least $1,000,000 in coverage, but many companies carry more. It is also important to determine if the trailer was separately owned and played some role in the wreck. It is even possible under some circumstances to obtain coverage from the shipper.
If you have been injured, or a loved one has been killed in a big-rig crash it is important to get your attorney involved right away. The insurance companies for the trucking company have “rapid response teams”, which consist of lawyers and investigators who respond to crash scene within hours.
At Ernst Law Group our lawyers are highly skilled and experienced in handling trucking cases in Santa Maria, San Luis Obispo, and throughout the state.
We are available for a no cost, no-obligation consultation when you call us at (805) 541-300. Choosing the right lawyer is key. Be sure you feel comfortable with your lawyer and that you are not pressured. Be wary of lawyers who contact you without your consent, often times with glossy presentations about their firm. At Ernst Law Group we believe that a client should evaluate his or her own situation without pressure or questionable direct solicitation.
Further Update to This Story From 2/11/19
The names of the two men killed in this tragic wreck have been identified as Rick Motley, age 60, and Jesse Gluyas, age 24. Both men worked for VTC Enterprises.
The CHP has identified the driver of the big-rig involved in this morning’s fatal crash on Union Valley Parkway in Orcutt. The driver is allegedly 56 year old Gilbert Pena of Santa Maria.
The 8 injured people are reportedly all from the Santa Maria area.
Commercial vehicles cover about 30 million miles per day in California. Because there are so many semi trucks and other commercial vehicles on our state’s roads, the California Highway Patrol (CHP) has established specific laws and regulations that drivers must follow.
Unfortunately, many of these rules aren’t followed, whether that’s out of ignorance of the law or because drivers are trying to get where they’re going as quickly as possible. When these trucking regulations aren’t followed, accidents are much more likely to happen.
At Ernst Law Group, our San Luis Obispo truck accident lawyers have seen the effects of these incidents firsthand. Trucking accidents can cause devastating — and often fatal — injuries due to the sheer fact that semi trucks are so much bigger than passenger vehicles.
If you’re a trucker, it’s important for you to understand California’s trucking regulations so you are less likely to cause an accident. And if you’re a regular driver, it’s important for you to know what you should do after a truck accident, and what your legal rights are.
California Regulations Truckers Must Follow
Before we dive into commercial vehicle regulations, we should first mention that, while these rules do apply to semi trucks, they also apply to other vehicles as well. Essentially, if you’re driving a vehicle “in combination,” or towing another vehicle, you must follow commercial vehicle regulations.
These vehicles include:
Any vehicle (car, truck, rental vehicle, RV, etc.) towing a trailer
Any vehicle towing another vehicle
Any vehicle towing a pull, semi-trailer or fifth wheel
Any vehicle with three or more axles
One of the most important regulations you must follow is the speed restrictions. Under Vehicle Code 22406, if you are driving a vehicle that falls under one of the above descriptions, you are forbidden from going above 55 miles per hour. This restriction also applies to school buses carrying students, farm labor vehicles transporting passengers, and vehicles transporting explosives.
California also limits the lanes that are usable by trucks and in combination vehicles:
If there are three or fewer lanes in each direction of travel, not including the carpool/HOV lane, you must stay in the far right lane.
If there are at least four lanes in each direction of travel, you may use the two rightmost lanes, unless there are signs specifically allowing usage of lanes further to the left.
If there are “truck-only” lanes available, large trucks must use them.
There are very few exceptions to these lane regulations. The most common is passing a slower vehicle. If you are behind another vehicle that is driving slowly, and you don’t have to exceed 55 miles per hour to pass them, you may do so in a left lane. However, you must move back into the right lane as soon as possible.
Of course, semi truck drivers must always follow all state and federal licensing and log book regulations.
What to Do If You’ve Been in a Truck Accident
No matter how hard you try to be safe on California’s roads, there’s always the chance that you’ll be in a wreck with a big truck. When that happens, it’s important to talk to a semi truck accident lawyer in San Luis Obispo as soon as you can.
But before you make that call, there are a few steps you should take to make sure you’re safe and the incident is documented properly:
1. Stay Calm
Yes, being in an accident with a semi truck is a stressful, difficult experience. But do your best to remain calm. Check yourself for injuries, then check on the passengers in your vehicle. If possible, check on the truck driver as well.
If no one is seriously injured, do your best to get out of harm’s way. If your car is still operable, move it to the shoulder if the road. If it can’t be moved, CAREFULLY walk to the shoulder of the road to get out of traffic.
2. Call 9-1-1
As soon as it’s safe to do so, call 9-1-1. Even if you don’t think there are any major injuries, ask for an ambulance. Being evaluated at the scene of the accident is not only important for your health, but also for any future lawsuit you decide to file.
After a wreck, your adrenaline may cause you to overlook any injuries you might have. A medical professional can fully evaluate you to determine if you do have any injuries. Having this evaluation at the scene of the wreck means the truck driver or their company can’t come back later and say you sustained your injuries sometime after the accident.
While you’re on the scene, you’ll be asked to give a statement to the police. Keep your emotions out of the statement. Instead, focus on the facts of what happened. Never admit fault or apologize for the wreck, either to the officer or to anyone at the scene.
3. Trade Information With the Truck Driver
When it’s safe to do so, exchange information with the trucker. At the minimum, this includes names, phone numbers, and insurance information. You should also ask to see the truck driver’s license to make sure they have a commercial license. Take a picture of the license, if possible.
You should also gather information about the truck itself. Be sure to note:
License plate state and number
Information of the truck owner, if it’s not the driver
The trucking company
The truck number
Information about the cargo in the truck
4. Gather and Keep Evidence
At the scene, you should take photos of the accident. This includes damage to your vehicle and the truck, road conditions, any skid marks, identifying information of the location (if possible), weather conditions, and more. Of course, if you aren’t well enough to gather this evidence safely, don’t do it!
If you’re told to seek further medical treatment, do so. Always keep up with any treatment regimen prescribed, and document your treatment and its costs. This can help your lawyer put a more solid dollar amount on compensation if you choose to file a lawsuit.
5. Call Your Insurer
Just like with any kind of accident, you will need to make a claim with your insurance provider. When you call, keep the details you provide to a minimum. Provide identifying information and the time and location of the accident. They will ask probing questions, but you don’t have to answer them.
Your insurer will be looking for ways to not pay you a fair settlement. Even innocent-sounding questions like, “Are you okay?” can have an impact on how much you receive from them (after all, if you’re okay, you obviously aren’t injured!). If you feel uncomfortable answering their questions, let them know that you’d like to speak with an attorney before saying anything else.
6. Call a Semi Truck Accident Lawyer in San Luis Obispo
There’s a good chance your insurance company will send you a low-ball offer after the wreck. After all, the less money they can get away with giving you, the better their profits will be. Before you accept their offer and effectively end your case, discuss the matter with an experienced truck accident attorney.
Many lawyers offer free consultations, during which they will review your case and the settlement offer you received. If they believe you received a fair settlement, they’ll let you know. But if they can get you a greater amount of compensation, they’ll let you know that, too.
One of the main reasons you may be able to get greater compensation is if the truck driver is at fault. But how is that proven?
One word: Negligence.
Proving Negligence in a Truck Accident Case
In nearly every type of personal injury case, you must be able to prove negligence in order to hold the other party liable. Truck accidents are no different. If the truck driver acted negligently, they are responsible for your injuries.
Let’s look at each one of these individually. First, a truck driver has a duty of care to drive carefully, ensure their truck is working properly, and follow all state and federal driving regulations. This includes keeping proper logs, getting the right amount of rest, doing maintenance on their rig, and more.
If they fail to uphold their duty of care and cause an accident, it’s considered a breach of duty. Essentially, if a “reasonably prudent person” would’ve done something different under the same circumstances, the truck driver has breached their duty of care. For example, if you’re driving next to a semi truck, and a sudden, strong gust of wind causes them to hit you, that may not be considered a breach of duty, since that was an unforeseeable incident.
Next, that breach of duty must have caused injury. To use a simple example, if a truck accident happens two lanes over from you, and you are unscathed by the accident, you can’t sue the trucker or their company for the accident.
Finally, you must prove that the accident caused some kind of monetary damage. This may be medical bills, damage to your car, lost wages or some other “economic” loss. In truck accidents, this is often the easiest element to prove — being hit by a truck will almost certainly cause damage.
California’s Comparative Fault Laws
Once negligence has been established, you and your lawyer will next need to consider California’s “pure comparative negligence” laws. This means that, even if you’re partially responsible for your injuries, you may still be able to get compensation. However, the amount you receive will depend on how much at fault you are.
For instance, if your tail lights aren’t working, and you get rear-ended by a truck on a moonless night, you may be held 40% liable for your injuries. If the total compensation is $100,000, you would only get $60,000.
In some states, if you are 50% or 51% at fault for your injuries, you can’t receive any compensation. But in California, even if you are 99% at fault for your injuries, you can still recover that 1% of compensation.
How a Truck Accident Lawyer in San Luis Obispo Can Help You Get the Compensation You Deserve
Two of the most challenging aspects of truck accident lawsuits is figuring out who can be held liable (the truck driver, the trucking company, the truck manufacturer, etc.) and fighting against their insurance company.
At Ernst Law Group, we’ve been representing victims of truck accidents since 1980. We know all the tricks that insurance companies use, and we know how to get you the compensation you deserve. Call our San Luis Obispo truck accident lawyers today at (805) 541-0300 or contact us online for a free, no-obligation consultation.
The most common time for these accidents was between 9 a.m. and 3 p.m.
Semi trucks travel through and around San Luis Obispo every day, delivering goods to stores and consumers. While they are generally safe, there are factors that can make driving around semi trucks quite dangerous. One such factor is an overloaded truck.
Overloaded trucks are dangerous for a variety of reasons. Unfortunately, they’re one of the leading causes of truck-related accidents. As San Luis Obispo truck accident lawyers, we’ve seen the devastation of overloaded trucks firsthand.
It’s important for both truck drivers and passenger vehicle drivers to understand the dangers of overloaded trucks, and the rules that are implemented to prevent this issue from happening in the first place.
1. Reduced Stopping Time
In optimal conditions, semi trucks traveling just 65 miles per hour need about 200 yards to come to a stop — that takes about 4 seconds. Of course, if it’s raining, if the truck is going down a hill or is otherwise in non-optimal driving conditions, that stopping time and distance increases dramatically.
Trucks take so long to stop because they have so much weight and momentum behind them. If trucks are overloaded, there is even more momentum and weight. On top of that, trucks are designed to only carry a certain amount of cargo, and exceeding that weight can lead to too much stress on brakes, especially in emergency situations when the truck needs to stop immediately.
2. Greater Risk of Mechanical Failure
When too much weight is loaded in a truck, the stress put on brakes is much greater. This can cause the brakes to burn out more quickly — or catastrophically fail altogether. What’s more, too much weight puts undue stress on the truck’s tires. This can cause blowouts and other tire failures, causing the driver to lose control, jackknife and/or overturn.
Beyond the tires and brakes, too much weight can cause the axles to snap. When an axle snaps, the truck becomes unbalanced, which can lead, again, to the jackknifing and possibly overturning of the truck. At the very least, the loss of balance could cause the cargo to fall from the truck, spilling onto the road.
3. Collapsed Roads and Bridges
This risk isn’t nearly as common as the others, but it’s still important to note. Certain roads and bridges are certified to withstand a specific amount of weight. Because of these restrictions, you may see signs that say “No Truck Over 5 Tons” or something similar. The engineers that designed the roadways took other cars into account to decide the heaviest trucks that should be on that road.
If an overloaded truck goes onto one of these roads or bridges, it’s probably not going to automatically collapse. But over time, the foundation for the roadway will start to weaken. If enough overweight trucks use the roadway, there is a great chance that a collapse will happen, which could have devastating ramifications.
How Heavy Are Trucks Allowed to Be?
Limitations on semi truck weight are set my state and federal laws. In general, federal law states that semi trucks can weigh no more than 18,000 pounds, including cargo. Truck chassis manufacturers also set limits on the maximum weight of the truck itself plus cargo the chassis can handle. This limit is called the gross vehicle weight rating (GVWR).
Though these are in place, they’re often ignored. Trucking companies want to be able to move as much cargo as possible at once. Often, this means cheating a little and adding in more cargo than the truck is licensed to carry. When this happens, the driver and others on the road are put at risk, all because a trucking company was selfish — or just negligent — when it came to the weight of their trucks.
Why Aren’t Some Trucking Companies Caught Breaking the Law?
When a truck accident happens in San Luis Obispo due to an overloaded trailer, there are a few different parties that may be held reliable. The truck driver themselves may be held liable, but because the company usually owns the truck and employs the driver, they may also be held responsible.
If you’re injured in a wreck and talk to an attorney, they will likely try to get every relevant record of maintenance, inspections, manifests, and other evidence they can. These records will show whether the truck has been kept in good condition, if there was too much cargo in the trailer, and other vital information.
Though many truck companies will eventually hand over this evidence, especially after a judge gets involved, others may try to manipulate or even destroy the evidence. This is called spoliation, and is obviously illegal. It’s important to speak to a San Luis Obispo truck accident attorney as soon as you can so they can try to get a hold of this evidence before it gets altered or destroyed.
Talk to a San Luis Obispo Truck Accident Lawyer Today
If you’ve been injured in a truck accident, whether because the truck was overloaded or for some other reason, you have legal options. At Ernst Law Group, we have decades of experience helping victims get the compensation they deserve.
Call us today at (805) 541-0300 or contact us online for your free, no-obligation consultation with an experienced San Luis Obispo truck accident lawyer.
Semi trucks travel around 15.5 million miles a day in CA
There were 361 fatalities from semi truck crashes in CA in 2017
A semi truck needs 525 ft to come to a complete stop from 65 mph
With the fifth biggest economy on the planet, the state of California depends on semi trucks and other large commercial vehicles in order to sustain its communities. Because of the dependence on large trucks, drivers on California’s roads and highways often have the unpleasant lot of sharing the road with a vehicle many times their size.
What these drivers may not realize is that the behemoth vehicles can pose unique risks to their safety. Ignoring these risks — along with the driving skills needed to mitigate them — can lead to a devastating truck accident likely to cause serious injury or death.
On the other hand, our San Luis Obispo trucking accident lawyers have seen more than their fair share of accidents caused predominantly or entirely by truck driver neglect. If you have been in a large truck accident, even one declared partially your fault, you may be eligible for a personal injury claim to recover some or all of your medical costs as well as lost wages, pain and suffering, and other damages.
Regardless of whether or not a truck driver is operating their vehicle negligently, you can take smart steps to reduce your risk of getting wrapped up in an accident with a huge semi. Use the following statistics and tips to learn more about how truck accidents are caused and you can hopefully avoid them.
All of these factors make semi trucks and other large commercial a regular sight on the nation’s highways and streets. According to California’s DOT and DMV, the state registered over 5.6 million commercial trucks in 2011 as well as over 2.3 million commercial trailers. Truckers travelled an estimated 24.8 billion miles on public roads in 2008 alone.
As mentioned above, California saw 361 people tragically lose their lives in accidents with a large truck in 2017. Looking at San Luis Obispo alone, there were at 5 fatal crashes within roughly 40 miles of the city that year.
Fortunately, San Luis Obispo sits at the lower end of both overall truck accident fatalities and the rate of such fatalities per 100,000 population.
Even still, area residents should be aware of why large commercial trucks are so very dangerous.
The Risks of Semi Truck Accidents in California
Drivers must realize what makes semi truck accidents so dangerous and so likely to happen under certain conditions by learning about why they are unique compared to the average vehicle on the road.
First, semi trucks need much more time to stop their mass from a speed of 10 mph or greater compared to a typical passenger car, light truck, or SUV. While a medium-sized sedan would take around 316 feet to stop from 65 mph, it would take a semi truck around 525 feet or more to come to a complete stop. That’s over 66% more time, which someone may not expect if they weren’t made aware.
Another huge risk of semi trucks comes from their substantial size. A standard trailer measures 14 feet high and can be up to 53 feet long. The truck and trailer combined can measure more than 65 feet long and weigh upwards of 80,000 pounds!
These factors make a semi truck more difficult to maneuver and see around, in addition to affecting things like turning radius.
Their large size also means that semi trucks can cause some serious damage in a truck crash. Looking to Isaac Newton’s simple formula for impact force, Force = Mass x Acceleration, the difference in forces between a relatively small passenger vehicle and a fully loaded tractor trailer would mean that the smaller vehicle would experience a tremendous amount of force upon impact.
Heavy forces get transferred onto the smaller vehicle in a crash as well as inside of it. The car could become crushed, or it could go flying into other traffic or roadside hazards.
Safety Tips for Driving Around Semi Trucks Near San Luis Obispo
Whether you’re on the 1, the 101, the 41, or any number of major highways near San Luis Obispo, you can take the following measures to reduce your risk of getting in a collision with a semi truck:
Don’t ride in a semi truck’s blind spots, which can be quite large, especially when a long trailer is attached. Try to pass the vehicle safely or merge at least 30 ft behind it rather than cruising alongside.
Give trucks room in general, particularly in front and behind. Never merge quickly in front of a semi, since it may not be able to brake in time. Also never tailgate closely since your vehicle can easily get caught under the trailer’s rear axle.
Avoid all distractions while driving. This rule is always important, but semi trucks make it even more dire. Turn down your radio volume, keep your hands free, make constant visual checks on the road around you, and generally stay focused on how you’re driving when near large trucks.
Don’t test or antagonize truck drivers. Semi truck drivers log thousands of miles each week and need to stay focused on their driving. Others on the road driving erratically or trying to get a rise out of them can create a serious distraction. Try to remain calm and rational at all times.
Remember trucks brake early and make wide turns. Our final bit of advice is to never underestimate the amount of space a truck needs to slow down or turn. The truck may begin braking well before an intersection, or they may have trouble responding in time to sudden traffic stoppages. Likewise, a semi will need a wide berth when turning right, so give them space rather than risk colliding with their trailers.
Contact a Truck Accident Attorney in San Luis Obispo If You Have Been Injured
Truck accidents are often devastating, leading to expensive medical costs and other significant damages.
If you have been in a truck accident where you suspect someone else’s neglect may have created the situation, do not hesitate to contact a truck accident attorney today. You can potentially file a personal injury claim or lawsuit against all at-fault parties, which can include truck drivers, their employers, contracting companies, truck maintenance companies, or others.
Don’t face a mountain of medical bills and crash-related costs alone. You can schedule a free, no obligation consultation from an attorney at Ernst Law Group when you contact us now using our online form or by calling (805) 541-0300.
Buses and large trucks were involved in 12% of all traffic fatalities in 2016.
This was a 5% increase from the year before.
California is among the 10 states that had the highest average of fatal crashes involving buses and large trucks between 2014 and 2016.
When you or a loved one is involved in a collision with a semi truck or commercial vehicle in San Luis Obispo, the aftermath can be devastating. The sheer size and weight of these vehicles can mean serious injury and property damage in the event of an accident. In fact, a person is more likely to sustain a severe injury in this type of accident than in one involving two passenger vehicles, and they aren’t the only victims. Truck drivers themselves can also be injured in these collisions. In 2014, 761 semi truck drivers were killed while operating their vehicles. Trucking companies are not only looking for more ways to keep the occupants of passenger vehicles safer, but their own drivers as well. One of the ways that has been implements is the truck driver dash cam. Here’s how they have proven beneficial:
Truckers are less likely to drive dangerously when they know they are being recorded.
When the driver’s own smartphone is used as the dash cam, phone usage shrinks drastically.
Investigators are given a recording of exactly what happened before and during the accident.
The evidence gathered from a dash cam is more reliable than personal accounts of a collision.
What About Privacy?
Most of us are aware of what truck dash cameras are thanks to news reports and social media postings showing dash cam recordings of police stops, arrests and other incidents. Semi truck dash cams operate in the same manner. We see the picture from the viewpoint of someone looking out the front window of a vehicle. Some trucking companies are taking it a step further and also installing inward-facing cameras in truckers’ cabs. Some worry that an inward-facing camera is an invasion of privacy, but many truckers welcome the technology. When a trucker is monitored, they are more likely to operate their vehicle safely and, as a bonus, their insurance rates are typically lowered. These recordings can also provide proof in the event that a lawsuit is filed. There may be no better way for a driver to prove that he or she was operating their rig in a safe manner than by being able to show a court exactly what was occurring in the cab before an accident. Other connective technology could be a major help for truck drivers and, in turn, others on the road in the coming years. More connectivity means truckers can be notified almost instantly of any dangerous conditions coming up on the road. In addition, this technology could monitor routes better and make sure required breaks are taken to prevent fatigue.
Truck dash cameras, of course, aren’t the only way fault can be proven in a collision between a passenger vehicle and semi truck. While every collision is unique, there are typical items that a San Luis Obispo truck accident lawyer will look at. When helping you determine whether you and your family are eligible for compensation following this type of accident, your San Luis Obispo attorney will conduct a thorough investigation into the crash. Here is how this investigation may be handled.
Driving Records
Every transportation company is required to maintain a DQF, driver qualification file, on every driver they have on their roster. The files contain training information, driving records, employment history and certain personal records of the driver. The file also contains results of any drug or alcohol testing the driver has undergone. By obtaining these records, your attorney will be able to determine, in part, if the driver contributed to the accident or was likely to have contributed to the wreck.
Maintenance Records for the Vehicle
Your attorney will also scour maintenance records for the vehicle. This information will also be contained in the DQF. The information provided may indicate that equipment failure has occurred with the rig on a previous occasion, that the company failed to maintain the vehicle properly, or that the load was improperly place in the trailer. While this information may not prove your case, the evidence discovered will certainly support your claim.
GPS and Black Boxes
In today’s world, GPS records are used as a way to keep tabs on drivers and their trucks. Your attorney may obtain these records to demonstrate that a driver was on the road too long. In other cases, your attorney may seek to gain information stored by the truck’s black box. This could indicate that the driver was speeding, that they failed to brake or even how they had shifted gears prior to the accident. Dash cams in California produce legally admissible evidence, but a trucking company may be hesitant to share any or all of this information. Your attorney will have the experience necessary to put the right legal pressure on the owner of a trucking company in order to get the evidence necessary to support your claim.
Speak with a San Luis Obispo Attorney Today
No person who has been involved in an accident with a semi truck should be forced to deal with the financial damages that often occur following such a serious incident. If you have been involved in a semi-truck wreck, reach out to our team of experienced truck accident lawyers in San Luis Obispo today. We will review the details of your incident and advise you of your legal rights. You have nothing to lose by calling our office. We will help you schedule your case evaluation and we will advise you of the best steps for moving forward. Call our office now or browse our website for more information about our firm and the types of cases we handle.
82% of those victims were people other than the driver of the truck.
11% of all road fatalities in 2016 involved semi trucks.
Semi trucks are multi-ton, monstrous behemoths that have come to dominate California’s highways and byways. From the ways some truck drivers operate their vehicles, it may seem like they do whatever they have to in order to get their freight delivered on time.
Sure, there are federal and state laws that have to be followed, but it’s not illegal if no one reports them, right?
Luckily, there are safety procedures and protocols set in place that trucks drivers and their companies alike cannot ignore. These features are integrated into the truck’s technology. That’s a relief when you consider the fact that there is currently a shortage of truck drivers across the nation, so less-experienced drivers are being put behind the wheel without extensive training.
Here are some of the safety protocols in place for trucks drivers, rookies and veterans alike.
Management Systems
In the earlier days of 18-wheelers, new drivers would sit in a classroom and learn all about their new rigs before going out and getting hands-on experience. Nowadays, learning is done mostly online. Using a variety of different technologically-advanced tools, new drivers learn all about truck driver safety, electronic logging, road mapping and other essential skills to drive well. A combination of digital lessons, as well as instructor-led lessons, help teach new truckers how to drive with the safety of others in mind.
During this time, drivers also learn the skills needed to operate a small business. This includes fuel management, expense tracking and more. By doing so, drivers are taught that they are responsible for their own truck. That includes driving safely and avoiding accidents that could put a serious damper on their own profit margins.
Truck Safety Features
Though truck driving is still one of the most dangerous jobs in America, it can come a long way since the early days. This is a blessing for both truck drivers and other motorists who share the road with them.
For instance, the new Detroit Assurance system makes it much easier for truckers to get a sense of what’s around them, even though they have massive blind spots. Some trucks now have a radar system that senses other vehicles around them, and there is also an optional camera system that helps truckers stay in their lanes.
Truck Driver Safety Tips
No matter what type of features are on a truck, human error plays into almost every accident on the road. When someone is negligent or reckless in their driving, lives are put at risk.
The radar system works much like safety systems in new cars. If there is a vehicle too close to front of the truck, an automatic brake system activates. Though it may not completely prevent the accident from happening, it can help minimize the damage done.
Also similar to newer cars, the camera system alerts the truck driver if they are crossing lanes without their blinker on. That helps prevent truckers from inadvertently drifting into the lanes beside them. Modern truck safety features help to ensure that everyone on the road is in less danger.
Other Safety Protocols
Every trucking company has its own training program. That can become complicated if a driver moves from company to company. New systems help truckers learn exactly what they need to. For instance, a new driver will need to learn the basics, but having the same requirements for a veteran can be a waste of time and resources.
In addition, trying to force veterans to completely relearn everything can lead to major safety issues, as they may forget different parts of the new system.
Finally, technology has made keeping a log much easier. Truck drivers are expected to keep a record of just about everything that goes on in their vehicle. Electronic logging systems can keep track of some of the more intricate details, such as engine issues. As such, these systems can have a major impact on any accident cases.
At Ernst Law Group, we have seen the difference safe driving practices can make. Truck driver accident procedures have to be followed after an accident, but what about before the accident occurs. Drivers can do the following to help prevent crashes:
Distracted driving is a problem among drivers of any vehicle type. People try to do more behind the wheel than they should. Any driver behind the wheel needs to pay attention to the road ahead and stay focused on their task.
2. Stay Awake
Truckers work long hours and drive hundreds of miles a day. Even if a trucker is hanging up their hat exactly when they should, it’s a tiring job. A driver who feels that they are too tired to drive safely should pull over and get some rest of stop driving for the day and pick it up again the next.
3. Stay Sober
Think about the devastation caused when two cars collide because of an impaired driver. Now imagine if one of those vehicles had been a semi truck. The power behind these vehicles makes accidents they are involved in catastrophic. Any truck driver needs to be sober behind the wheel at all times.
4. Follow Maintenance Routines
When a component of a truck fails, accidents can result. Routine inspections and maintenance are absolutely necessary for any rig and any driver would be negligent if they didn’t complete these tasks.
5. Make Repairs
An inspection won’t make a difference if any noticed issues are not repaired as soon as possible. While a driver may not have the authorization to schedule repairs on their own, issues should be reported through the proper channels.
Our San Luis Obispo Truck Accident Attorneys are Here to Help
Even with all of these safety features in place, truck accidents will happen. When they do, you need to make sure you get the compensation you deserve. If you’ve been involved in a semi truck accident in San Luis Obispo, contact the attorneys at Ernst Law Group for a free consultation.
Smoking increases the risk of stroke, cancer, heart disease and Type 2 diabetes.
Smoking cigarettes is not as popular as it once was, but there are those people who choose to take on and keep the habit. While studies have shown that smoking nicotine can be dangerous to the overall health of an individual, it may be particularly dangerous for truck drivers.
As San Luis Obispo truck accident attorneys, we typically represent people who have been injured in accidents caused by distracted driving, impaired driving and manufacturer defects. But what are your rights when the extraordinary occurs?
It has been shown that some hazmat drivers disregard regulations and smoke near or in their vehicles. This increases the risk for an explosion tremendously. Read on to discover how hazardous smoking can be for truck drivers.
It should go without saying that smoking near flammable materials is risky, if not downright dangerous. What some people don’t realize is that it isn’t liquids that burn, but vapors. This makes smoking while transporting hazmat materials a terrible idea, as is smoking while fueling up.
Federal regulations say that hazmat drivers are not permitted to smoke within 25 feet of their rigs.
2. Cancer
Smokers are more likely than non-smokers to develop lung cancer. Smoking can actually cause cancer in any part of the body and, not only that, but smoking makes it more difficult for the body to fight cancer.
According to the CDC, if no one smoked, one out of every three deaths related to cancer in the United States would not occur. This is because second-hand smoke has also been shown to cause cancer.
3. Type 2 Diabetes
Smoking has been shown to have a link to the development of Type 2 diabetes. Along with poor eating habits and a tendency to gain weight, some truckers may be heightening their risk of developing the condition simply because they choose to smoke.
4. Anxiety and Irritability
Nicotine can make a person feel relaxed and satiated. Miss a cigarette and you can feel jumpy and irritable — not such a good thing if you are behind the wheel of such a powerful vehicle.
Cigarette smoking can also make you more at risk for generalized anxiety or, if you already deal with anxiety, make your symptoms worse. Of course, as a truck driver, anxiety of meeting deadlines and feeling irritable in traffic is simply part of the job.
5. Heart Disease
Any person who smokes or is regularly exposed to secondhand smoke is more likely to have a heart attack. Nicotine constricts blood vessels and increases LDL (bad) cholesterol. Sitting in a truck for hours on end without much exercise doesn’t help, either.
All of these things combined make a trucker more at risk for serious health problems, should they choose to continue smoking.
Are You Ready to Quit?
Smoking is not an easy habit to kick. According to the Allen Carr website, there are steps you can take to make it easier. Here they are:
1. Set a Date
The first step to quitting is setting a date and time. Don’t try to smoke less; you will simply quit on the date you set.
2. Look to the Future
Concentrate on what happens after you quit. Your health is going to improve and you’re going to start saving money. Smoking does nothing for you that you are going to miss.
3. Final Smoke
Light a cigarette and smoke for the last time. Make a vow to yourself that you are going to make it through the next few days, few weeks and few months.
4. Physical Withdrawal
Know that you may go through a bit of physical withdrawal, but it will be slight. You may feel antsy and unsure of what to do with yourself. It will pass.
5. Socialize as Normal
You’ve made the decision to be a non-smoker, so there is no reason to not participate in a social life as you once did. Don’t avoid people in your life who smoke. You will only isolate yourself.
6. Change Your Thinking
You will think about smoking. Don’t let it worry you, but change your train of thought. Think how well you are doing not having to have a cigarette when you normally would have.
7. Don’t Smoke Again
One cigarette means you are a smoker again. You won’t be able to have “just one.” Don’t try to fool yourself.
The above is just one way to quit smoking, but a very popular way that people recommend. Some may need nicotine replacement, others turn to hypnosis. The important part is quitting, not necessarily how you do it. You will become a healthier version of you the day you quit.
Speak to a San Luis Obispo Truck Accident Attorney Today
If you are in a car and are injured by the actions or negligence of a semi truck driver, you need a San Luis Obispo truck accident lawyer you can trust. Reach out to our team today for more information about how we can assist you. You have rights as a victim of a truck accident and we are here to protect them. Your first consultation will be held at no cost to you.
According to the American Trucking Association, there is a lack of drivers in the United States. Whether it is because the lure of the open road is no longer there or people are turning to different industries for employment, the ATA says that there is a shortage of nearly 900,000 truckers across the country.
The lack of drivers has an effect on the economy. Fewer drivers mean that fewer goods are being moved. Fewer goods moved means that supply cannot always meet demand. When that happens, prices at your local stores rise. Fewer drivers also means a big push to hire new ones, putting more inexperienced drivers out on the road.
Inexperience and Accidents
Collisions between trucks and vehicles often lead to catastrophic injuries for the people in the passenger vehicle. The power that a truck packs is no match for a typical vehicle. There are certainly a variety of causes that contribute to truck accidents, but driver inexperience is certainly one at the top of the list.
When you learned to drive a car, you were given a book to study and taken out on the road to get some practice time behind the wheel. Learning how to drive a truck isn’t much different. Drivers are trained and then given the keys. The only thing that can make them a better driver is to log miles on roads and highways.
Think back to the experiences you had driving when you first got your license. Chances are you would call yourself a much better driver today than you were when you first sat in the driver’s seat. You may even be able to recall an accident or scary incident you can attribute to your lack of experience. Hopefully you walked away without injury.
Unfortunately, trucks are not as easy to operate as small vehicles. A scary incident could mean an accident. A lack of experience could mean slow reaction time or overcorrection. Slower reaction times and an inability to control the vehicle can quickly lead to dangerous situations that impact people for the rest of their lives.
What You Can Do
If you find yourself sharing the road with a semi, do what you can to protect yourself. Don’t drive too closely, never cut a semi off, and stay out of the blind spots. Assume that the driver behind the wheel is a new one and maybe not as experienced as they need to be to drive safely. While many truckers out on the road have years of experience, a good number of them are new and may not be able to react to situations properly.
People involved in accidents that are due to someone’s negligence, inexperience or reckless behavior have the right to seek compensation. If you have been injured in a truck accident in San Luis Obispo, call our office. We will help you schedule a free case evaluation and discuss your rights and options with you. Call today to schedule your case evaluation and take the first step toward financial recovery.
When you drive down a highway in California, you are bound to be sharing your space with at least one semi truck. It’s important to understand that these large vehicles have limitations that you may not. Larger blind spots, longer stopping distances and an inability to maneuver as easily as a smaller vehicle make knowing how to share the road with these vehicles essential.
By focusing on your safety, you can drive around semi trucks with little to no issue. Read on to discover how you can avoid experiencing a problem with a semi truck on your next commute.
1. Know the Zones
You are well aware of the blind spots surrounding your vehicle. You even adjust your mirrors to make the blind spots smaller. A trucker doesn’t have this luxury. There are blind spots surrounding a semi truck that could seem enormous to the driver of a typical vehicle. Staying out of these no zones is imperative for your safety.
A truck has a blind spot on each side of its trailer, in the front of the cab and behind the vehicle. To the left, the blind spot extends diagonally across one lane. To the right, it extends diagonally across two lanes. There is a blind spot that extends approximately 20 feet in front of the cab and one that extends about 30 feet behind the trailer. If you can’t see a driver’s eyes in one of the truck’s side mirrors, assume the driver can’t see you.
2. Pass Cautiously
Be careful when passing a truck. It’s always a good idea to do so if you are able, but you don’t want to cut off a semi. Wait to get in front of the truck until you can see the driver’s face in your rearview mirror. When you can see the driver’s face, they can see your car. If you can, pull even a little further ahead. A truck driver won’t be able to stop in time if you are too close and have to hit the breaks for any reason.
3. Stay Far Back
Never tailgate a semi truck. Doing so will put you squarely in one of the truck’s blind spots. Additionally, if you are hit from behind by another vehicle, it could push you under the trailer of the truck, causing severe injury and devastating damage to your vehicle. Always remember that a truck has a propensity to roll back slightly. If you are stopped too closely to the back end of a semi on a hill or steep grade, it could hit your car.
4. Watch Wide Turns
A truck needs more room to turn. It doesn’t matter if it is turning alongside you or turning and heading in your direction. Give a semi as much room as possible when you notice that the driver intends to change directions.
A semi-truck accident in San Luis Obispo can be catastrophic. If you have been involved in such an accident and the truck’s driver was found to be at fault, reach out to our office to schedule a free case evaluation. You may be entitled to compensation for your financial losses.
