Collisions involving commercial trucks often result in catastrophic injuries and even death due to the large discrepancy in weight between these vehicles and the average passenger car. The resulting medical bills and other expenses caused by a crash can easily overwhelm you or cause long-term financial strain. Fortunately, one of our truck accident lawyers in Santa Clara can help you recover damages for your injuries and losses.
At Arias Sanguinetti, we have a long history of helping injury victims secure the compensation they deserve. Our experienced team of Santa Clara personal injury lawyers will use our 300-plus years of combined experience to hold the trucking company and any other liable party responsible. Contact us today to schedule a free consultation with a member of our legal team.
A Higher Standard of Safety for Truck Drivers and Trucking Companies
Because a commercial truck accident can cause severe damage, minimizing the chances of a crash is critical for the safety of everyone on the road.
To address this, the Federal Motor Carrier Safety Administration (FMCSA) enforces trucking regulations that hold truck drivers and the companies that employ them to a higher standard of safety.
Some of the most prominent FMCSA regulations affecting the trucking industry include weight limits for trucks, special licensing requirements for drivers (including commercial driver’s licenses and other endorsements), and various rules related to a truck driver’s service hours.
Hours of Service Regulations for Commercial Truck Drivers
Hours of service regulations for truck drivers are critical for keeping drowsy drivers off the roads and reducing the number of serious accidents.
14-Hour On-Duty Limit
The 14-hour on-duty limit sets a cap on the number of consecutive hours a truck driver can work. They will have a 14-hour window in which they can drive their commercial truck before they go off duty.
11-Hour Driving Limit
While a truck driver can work 14 hours straight, they are not permitted to drive the entire time. Federal regulations allow a maximum of 11 hours behind the wheel during this 14-hour period.
10-Hour Off-Duty Requirement
With the 10-hour off-duty requirement, truck drivers must take a minimum of 10 consecutive hours off between work periods.
30-Minute Break
There is also a requirement for at least one uninterrupted 30-minute break from driving after a maximum of eight hours at the wheel. During this 30-minute break, a driver can be on or off duty as long as they are not operating their vehicle.
60- or 70-Hour Limit
Whether this limit is 60 hours or 70 hours depends on the type of company that employs the driver. When working for a company that operates commercial vehicles every day of the week, the driver is not allowed to drive anymore once they reach 70 hours on duty over eight consecutive days.
For all other truck drivers, the cap is set at 60 hours over seven days. Both types of drivers must be off duty for at least 34 straight hours before they can restart their next work period.
An experienced Santa Clara truck accident attorney from Arias Sanguinetti can review the trucker’s logbook along with the truck’s black box data. This review can determine if the driver violated any hours of service regulations, which could make them liable for the damages you incurred.
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Damages a Truck Accident Lawyer Serving Santa Clara, CA, Can Help You Recover
After a truck accident caused by the negligence or intentional actions of another party, there are a variety of damages you will likely be eligible to recover.
When seeking compensation, it is important to remember that every truck accident case is unique. This means the damages you can claim will vary depending on the details of your case.
At Arias Sanguinetti, our experienced truck accident attorneys in Santa Clara can help you identify all the damages that apply.
Medical Expenses
Medical damages encompass all current and future costs related to your injuries, including surgeries, medications, hospital stays, physical therapy, and any additional medical care you require.
Disability and Disfigurement
If another party’s negligence causes you permanent disability or disfigurement, you may qualify for additional compensation for the long-term impact on your quality of life.
Lost Wages
If your injuries prevent you from working, you can claim compensation for lost income. In addition, you will be entitled to damages if you suffer permanent injuries that affect your future earning abilities.
Loss of Consortium
When the damages you suffered in a collision with a commercial truck affect your relationship with your spouse, these damages can compensate you for the loss of companionship, affection, and support.
Pain and Suffering
A truck accident caused by the actions or inaction of another party can cause severe physical pain and emotional distress. The compensation awarded for these non-economic damages is often significant.
Punitive Damages
In cases where the liable party was grossly negligent or acted with the intention of causing harm, punitive damages may be awarded. Rather than compensating you for your losses, these damages are meant to punish the wrongdoer and deter similar conduct in the future.
There is a variety of damages you can claim, depending on your case. It’s critical that you identify all available damages to recover the maximum compensation available.
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Pay Attention to the Filing Deadline When Pursuing a Santa Clara, CA, Truck Accident Lawsuit
When attempting to recover compensation for damages caused by another party’s negligence, it is critical to pay attention to the filing deadline. California’s personal injury statute of limitations is two years for injury-related damages and three years for property damage. Missing the deadline will likely leave you out of options for pursuing damages.
However, you should still reach out to an attorney even if the standard filing deadline has passed. An exception in your case may allow you to take legal action after the usual filing deadline.
The best way to identify the exact deadline for your case and ensure your paperwork gets filed on time is by reaching out to an experienced lawyer from our team as soon as possible.
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Contact an Experienced Truck Accident Attorney Serving Santa Clara, CA, Today
After suffering injuries caused by a collision with a commercial truck, the best way to protect yourself is to reach out to the experienced team at Arias Sanguinetti for help. Our team has secured well over $1.5 billion for the injury victims we represent.
Contact us today by phone or through our website to schedule a free case review and learn more about the actions we will take to help ensure a favorable case result.
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