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Truck Accident Injury Attorney

Federal Motor Carrier Safety Regulations

Being injured in an accident involving a tractor trailer (Bug rig) can and usually does have a substantial life altering impact on you and your family. Indeed, all too often these collisions involving big rigs result in the wrongful death of a loved one and/or serious injuries. Injury and wrongful death cases involving truck drivers and trucking companies are particularly complex and challenging. My office can help you because of my extensive experience specializing in personal injury and wrongful death automobile accidents involving negligent truck drivers and trucking companies. I have discovered what insurance companies, trucking companies and more importantly what juries need to establish the maximum value of your personal injury case. Specific to truck accident cases, there are Federal requirements that impose strict guidelines under the Federal Motor Carrier Safety Regulations.

Fresno Truck Accident Attorney Tim Mazzela

Federal Motor Carrier Safety Regulations/Treble Damages under California Civil Code section 3333.7

These  Federal  regulations  impose significant  standards on truck drivers  and trucking companies for logging the drivers hours on the road and mandatory drug testing  duties.  Additionally, there are state statutes within California  for intrastate truck companies that impose mandatory drug testing policies and procedures that must be followed in the event of an injury accident involving a big rig, These Federal Regulations and State Statutes require the specialized knowledge and training of an experienced attorney who understands these regulations and how they apply to personal injury cases involving truck drivers and trucking companies. Mr. Mazzela has extensive experience and training applying the specialized safety rules of the Federal Motor Carrier Safety Regulations and the State Statutes that apply to personal injury cases.  Applying the Federal Motor Carrier Safety Regulations imposes a duty on a trucking company to drug test its drivers after any accident where there is a person taken by ambulance to the hospital and/or when the other vehicle is required to be towed from the scene of the collision. Additionally, there are state law statutes that mandate drug testing for truck drivers to be drug tested. In one case handled by Mr. Mazzela, he maximized the value of a motorcycle injury case caused by the negligence of a truck driver that made an unsafe lane change causing his client to be injured. Additionally, the motorcycle had to be towed from the scene of the accident in the presence of the truck driver that caused the collision. The interstate truck company failed to drug test its driver. This resulted in a violation of the mandatory duty to drug test imposed by the Federal Motor Carrier Safety Regulations. This provided the legal basis to apply and impose the treble damages provision of California Civil Code section 3333.7. Civil Code section 3333.7 provides for the compensatory damages to be tripled against a truck company who fails to drug test when it has a mandatory duty to drug test its driver when involved in an injury accident. These regulations and statutes were the basis for our client to triple his damages caused by the negligent truck driver unsafe turning movement. This maximized the settlement for our client after numerous attempts by the trucking company to deny all responsibility for causing the collision and its denial that it had any duty to drug test its truck driver. 

Distracted Drivers/Fatigued Truck Drivers

Truck drivers are required to log their time to prevent fatigued and resulting distracted driving. Our firm knows the truck drivers log rules and demands production of the drivers log to determine compliance with State and Federal law. Distracted and fatigued truck drivers are becoming an epidemic problem that is resulting in an increase in the number and severity of serious traffic accident injuries and wrongful death cases. Inattention, talking on a cell phone or texting while driving increases everyone’s risk of being seriously injured by a distracted driver. Failure to stop for the red traffic signal or running the stop sign they didn’t see because they were distracted is not just negligent it is downright reckless conduct with serious consequences to the innocent victim of this reckless conduct. Our firm has handled numerous cases involving distracted and inattentive drivers with excellent results. One example of a case handled by our firm resulted in a $2,300,000.00 settlement from a distracted driver that ran a stop sign he didn’t see.

Drunk Drivers/Impaired Truck Driver

Drunk drivers killed 12,744 people in 2009 alone. The number of severe personal injuries caused by drunk and impaired drivers is even higher in that same year. There is no excuse for driving under the influence of alcohol or drugs. Our firm has handled numerous cases involving drunk drivers. Representing an injury victim in a drunk driving case requires experience and expertise in pleading the right cause of action and including an Attachment for a Punitive damages claim. Punitive damages are intended to punish the defendant and deter the drunk driver from inflicting such tragedy on another family. Civil Code section 3294 provides the legal basis to maintain a punitive damage claim against the drunk driver.

Negligent Truck Drivers/Retention of Trucking Expert/ Retention of Accident Reconstructionist

Personal injury cases involving tractor trailers requires special attention to detail and retaining the right expert witnesses. Retention of a trucking expert will explore and help establish the safety rules and the violation of the safety rules by the defendant. Additionally, an accident reconstructionist may be necessary to reconstruct the collision. This will depend on the particular facts and circumstances of your case.  Our firm has handled hundreds of cases for clients injured by negligent truck drivers and careless drivers. Failure to yield the right of way, unsafe lane changes, crossing over the center line (head-on collisions), rear-end accidents, unsafe lane changes, unsafe left turns, unsafe speed for conditions, speeding, failure to stop for the red light, failure to stop for the posted stop sign, sudden lane changes, fatigue, drunk driving, texting while driving, talking on cell phone, talking with passengers, and plain inattention. Our firm will preserve the evidence to prove these allegations to prove the negligence of the defendant and make sure your injuries are being properly treated and managed. Particular attention will be paid to the drug testing requirements and whether the trucking company is in compliance with the State and Federal regulations and statutes concerning the mandatory drug testing policies and procedures. Beyond that, photographs of the scene, tire friction marks, skid marks, damaged guardrails, damage to the vehicles and the other physical evidence will then be photographed and preserved for use at trial.  

Uninsured Motorist Injury Cases

Automobile accident cases involving uninsured motorist is an ever-increasing problem that can leave the victim of an automobile accident without any recourse. Our firm has been getting excellent results for 20 years handling uninsured motorist case in the state of California. Mr. Mazzela has extensive experience litigating and trying uninsured motorist arbitration automobile cases with an excellent track record for outstanding results. Mr. Mazzela has earned a strong reputation for being a strong, aggressive and relentless advocate for his clients in uninsured motorist cases. Mr. Mazzela’s reputation is known throughout the legal community and the insurance industry. This increases the value of your case and makes it more likely for you to maximize the settlement in your personal injury case.

Maximizing the Value of Your Injury Claim Caused by the Negligence of a Truck Driver

State-of-the-art trial presentation tools, retaining highly respected experts and presenting your case in a meaningful and compelling manner help facilitate an excellent result in your personal injury case. I thoroughly prepare your case, confirm that you are getting the necessary medical treatment, that your wage loss claim is being protected and that the evidence in your case is preserved for trial.  This includes the evidence that is specific to trucking companies and truck drivers.  My willingness to take difficult and complex cases to trial and fight for justice on behalf of my clients has earned me an excellent reputation for being a strong, aggressive and relentless advocate. This helps maximize the results for my clients. Additionally, I take all reasonable steps to settle your case. Settlement is more likely when you are represented by a high-quality personal injury attorney. I have extensive experience in providing settlement value ranges that are consistent with current jury verdicts and similar cases to help establish the value of your case. This provides you with the necessary information for you to be informed and feel confident about your decision to settle or not settle your case. I will then conduct a risk/benefit analysis with you to complete the review process so that you can be empowered to make a fully informed decision about your case.

Type of Injury Cases Handled by our Firm

Our firm has handled a wide variety of personal injuries cases caused by automobile accidents. These include, but are not limited to neck strain/sprains to serious cervical spine injuries including broken or fractured neck cases requiring surgery, spinal cord injuries, herniated discs, ruptured disc, radicular pain from cervical spine injuries, lower back surgical cases and middle back disc injuries, surgeries and compression fractures, compound and comminuted leg fractures, compound and comminuted fractures of the arms, wrists and hands, fractured hip with hip replacement surgery, knee injuries sprain/strains, knee surgical cases, broken jaw, dental injuries, closed head injuries, fractured skulls, subdural hematomas causing death and/or causing permanent brain damage, traumatic brain injuries, permanent brain injuries, connective tissue injuries, soft tissue injuries, nerve damage, broken or fractured arms and legs, lacerations and extensive scarring and lacerations from being involved in an automobile accident. Additionally, we have extensive experience handling wrongful death cases.

To schedule a free initial consultation to discuss your accident claim, contact us or call us at (559) 297-1118. Our offices are conveniently located on the North East side of Fresno. We are open during normal business hours. Evening and weekend appointments are available upon request. We also accept telephone calls 24 hours a day. We will travel to the hospital or your home to meet with you, when necessary. Mr. Mazzela also handles larger  personal injury cases throughout the state of California.

Map and Directions

At the Law Office of Timothy W. Mazzela, in Fresno, we represent individuals throughout the Central Valley in California, including Madera, Clovis, Selma, Hanford, Merced, Modesto, Tulare, Visalia, Oakhurst, Coarsegold, Lemoore, Bakersfield, Lancaster, Palmdale and Los Angeles; in Kings County, Fresno County, Kern County, Merced County, Tulare County, Stanislaus County and Los Angeles County; and throughout the communities around Kings Canyon National Park, Yosemite National Park, Sequoia National Park, Millerton Lake, Shaver Lake and the San Joaquin Valley. Mr. Mazzela also handles larger  personal injury cases throughout the state of California.

Disclaimer of Attorney/Client Relationship

There is no attorney-client relationship created by visiting and/or reading this website. Indeed, a written contract must be entered with Mr. Mazzela before the attorney-client relationship is formed. Entering a written agreement clearly and accurately sets forth the terms and scope of representation between Mr. Mazzela and the client. This protects the attorney and the client and meets the State Bar of California’s ethical guidelines. Please contact and retain Mr. Mazzela today to protect your case and maximize its value. By taking this step you protect and maintain your claims value by retaining an attorney with extensive experience and expertise in personal injury cases. An attorney whose has a strong reputation and proven history of getting excellent results. Please contact Mr. Mazzela today at (559) 297-1118 for a free consultation.