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 killedin a rear-end collision with a tractor-trailer big rig.  The police report stated that the driver fellasleep momentarily and was driving too fast. What are the laws regarding truck accidents in California and do we needan attorney to sue the trucking company?

Response:  While there may some careless andinexperienced truck drivers on the road, for the most part, truck drivers aresome 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 topermanently lose his commercial driver’s license.

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

You maywant to hire an attorney to file a lawsuit against the trucking company forwrongful death and personal injury. There are also professionals who specialize in accidents involving thetrucking industry.

Answered by Linda Adams