Car crashes cases involving big rigs require specialized knowledge that are critical to be effective in a personal injury case. These types of cases usually involve more serious injuries and even death. Trucking companies and their drivers must comply with the Federal Motor Carrier Safety Act for your safety. The Federal Motor Carrier Safety Regulations are the laws that promote and help protect your safety. Tim Mazzela has extensive experience in understanding and applying the Federal Motor Carrier Safety Act to personal injury cases to help maximize your settlement
Types of Truck Driving Cases We Can Help With
- Alcohol and drug involved accidents
- Failure to follow CDL standards accidents
- Driver qualification accidents
- Lack of vehicle inspection, repair or maintenance accidents including brakes, tires, trailers and more
- Transportation of hazardous materials
- Distracting Driving Accidents
- Fatigued driving
What should you do after a Trucking Accident?
- Determine if medical assistance is needed and if so, call 911.
- Get to the safest location possible away from oncoming traffic or other hazards.
Document, document, document.
- You must get a police report.
- Take photographs of the driver’s license, insurance information, with others involved in the accident
- If you are physically able, gather witness information (this is critical – most witnesses will not wait for the police)
- Phone numbers to document for future contact to prove your case.
- If you are physically able and can do it from a safe place, take pictures of all involved vehicles and other physical evidence
- Skid marks
- Car parts
- The positions of the vehicles at rest after the accident
- Photograph license plate of all vehicles involved
- Take notes on your phone or use your voice memo to record everything that happened as soon as you are physically able.
Don’t wait, call a personal injury attorney right away.
- You pay nothing unless we win your case.
- Attorney Tim Mazzela is available 24 hours a day to meet with you by phone, via video chat, or in person. Because of COVID, we are not available to come to homes or hospitals, but we can handle business.
Why Hire a Trucking Accident Lawyer?
The Federal Motor Carrier Safety Act covers the following areas that are designed to protect the public from fatigued drivers, drunk drivers, drugged drivers and safety maintenance of the tractor trailer.
- Alcohol and drug testing procedures
- CDL standards
- Financial responsibility for motor carriers
- Driver qualification
- Driving of commercial motor vehicles
- Hours of service of drivers
- Vehicle inspection, repair and maintenance
- Transportation hazardous materials
- Texting ban
- Log Book Requirements to prevent fatigued driving
- Tractor Trailer Maintenance Records
- Brake Inspection Records
- Tire Inspection Records
- Tractor-Trailer Inspection Records
- Pre-Employment Drug Testing
- Mandatory Post Accident Drug Testing
The criteria to require drug testing after an accident is also contained in these safety regulations. Failure to drug test after an accident if required under the (FMCSR) can subject the Trucking Company to treble damages under Civil Code section 3333.7. So if the jury says your case is worth $1,000,000.00 and the court finds that the trucking Company failed to perform a mandated drug test the court has the discretion to triple the damages and the $1,000,000.00 verdict would be increased to $3,000,000.00 verdict if the court decides to impose treble damages under Civil Code section 3333.7. So, if you have been injured in a big rig accident or other trucking accident, Tim Mazzela is ready to help you get justice.
When should you call a Trucking Accident Attorney?
What can I be compensated for when I’ve been hurt in a trucking accident?
California law recognizes the following items as Economic Damages
- Past medical expenses
- Future medical expenses
- Past wage loss
- Future wage loss
- Loss of earning capacity
- Past and future surgeries
- Past and future medical expenses
- Loss of household services
- Modifying your home to accommodate the disability
- Out-of-pocket expenses you incurred to accommodate the injuries and disabilities caused the accident.
California law recognizes the following items as Non-Economic Damages:
- Impact on your personal life
- Impact on your family relationships
- Impact on your professional life
- The impact on your life and your family’s lives
- Loss of enjoyment of life
- Mental/emotional distress
- Post-Traumatic Stress Disorder (PTSD)
- Temporary disability
- Permanent disability