My Relatives Were Killed In An Accident Involving A Big Rig in California. The driver was fatigued. Can we file a lawsuit?

Question:  My sister and her husband were recently killed in a rear-end collision with a tractor-trailer big rig.  The police report stated that the driver fell asleep momentarily and was driving too fast.  What are the laws regarding truck accidents in California and do we need an attorney to sue the trucking company?

Response:  While there may some careless and inexperienced truck drivers on the road, for the most part, truck drivers are some of the best and most experienced drivers on the road.  Their livelihood depends on driving safely, obeying the law, and avoiding accidents with other vehicles.  Any violation can cause the trucker to permanently lose his commercial driver’s license.

California is one of the few states (one of approximately ten) that impose a lower speed limit for large trucks and commercial vehicles.  Federal crash statistics show that at least 20% of large trucking accidents are due to excessive speed.  The National Highway Transportation Safety Association (NHTSA) reports that driver fatigue is responsible for nearly 30% to 40% of these accidents.  California law stipulates that truck drivers cannot drive for more than 10 hours in a day.  Often times, trucking companies insist on unrealistic delivery times in this highly competitive business.  However, drivers always have the option to turn down a load if they cannot meet the deadline.

You may want to hire an attorney to file a lawsuit against the trucking company for wrongful death and personal injury.  There are also professionals who specialize in accidents involving the trucking industry.

Answered by Linda Adams

Additional Resources: Wrongful Death Attorneys     

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