Oroville Commercial Vehicle Accident Lawyer
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A serious injury can turn your world upside down, especially involving a commercial vehicle accident. Recovering physically and emotionally from such an incident can be incredibly challenging, not to mention the added stress of dealing with medical bills, potentially missing out on wages from work, and navigating the insurance claims process.
An experienced Oroville commercial vehicle accident lawyer can help you receive the compensation you deserve for your injuries and guide you through every step of the recovery process.
At the Law Offices of Steve Gimblin, we understand commercial vehicle accident cases’ complexities and unique challenges.
Our dedicated team of legal professionals is committed to providing compassionate and knowledgeable support to help you get back on your feet.
Definition of a Commercial Vehicle in California
In California, a commercial vehicle is defined as any vehicle used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.
This definition includes trucks, buses, and other vehicles that meet specific criteria outlined by the California Department of Motor Vehicles (DMV).
For more detailed information, visit the DMV’s handbook on commercial vehicle definitions.
When is a Truck Considered a “Commercial Vehicle”?
California law defines a commercial vehicle (CMV) as any vehicle used for business purposes that weighs over 10,000 pounds or is designed to transport more than 15 passengers.
This includes vehicles such as delivery trucks, tractor-trailers, and large vans used for commercial purposes. Refer to the DMV’s definitions for more specifics on what constitutes a commercial vehicle.
Top Causes of Company Vehicle Accidents in Oroville
Fatigue:
Long hours on the road can lead to driver fatigue, impairing reaction times and decision-making abilities.
Distracted Driving:
Using mobile devices, eating, or other distractions can cause accidents.
Speeding:
Driving above the speed limit increases the risk of losing control of the vehicle.
Improper Training:
Inadequately trained drivers may need to learn how to handle their vehicles properly in various situations.
Substance Abuse:
Driving under the influence of alcohol or drugs significantly increases the risk of accidents.
Poor Vehicle Maintenance:
Failing to maintain commercial vehicles properly can lead to mechanical failures.
Weather Conditions:
Adverse weather conditions like rain, fog, or snow can make driving hazardous.
Road Hazards:
Potholes, debris, and other road hazards can cause accidents.
Overloading:
Carrying loads that exceed the vehicle’s weight limit can affect handling and braking.
Legal Implications and Responsibilities After Medical Malpractice
Commercial and Company Vehicle Examples
Delivery Trucks:
Used for transporting goods to customers.
Buses:
Used for public transportation or private charter services.
Tractor-Trailers:
Large trucks are used for long-distance transportation of goods.
Construction Vehicles:
Includes dump trucks, cement mixers, and other heavy equipment used on construction sites.
Utility Vehicles:
Utility companies use vehicles for maintenance and service tasks.
Statistics on Commercial Vehicle Accidents in California
Commercial vehicle accidents are a serious concern nationwide. According to the National Safety Council, in 2020, there were over 4,400 large truck crashes resulting in fatalities in the United States.
According to the Federal Motor Carrier Safety Administration (FMCSA), there were over 450,000 crashes involving large trucks in the United States in 2019, with California having the highest number of such accidents.
California has an exceptionally high rate of commercial vehicle accidents due to its extensive highway system and heavy freight traffic.
Who is Liable in a Commercial Vehicle Accident?
Determining liability in a commercial vehicle accident can be complex. Potentially liable parties include:
The Driver: If the driver’s negligence caused the accident.
The Trucking Company: If the company failed to maintain the vehicle or hire qualified drivers.
Manufacturers: If a vehicle defect contributed to the accident.
Cargo Loaders: If improper loading of the car contributed to the accident.
Why Choose Law Offices of Steve Gimblin For Help With Your CMV Accident
The Law Offices of Steve Gimblin have extensive experience handling commercial vehicle accident cases.
Our knowledge of California CMV laws and our commitment to our clients makes us the ideal choice for your legal representation. We will fight tirelessly to ensure you receive the compensation you deserve.
California CMV Laws
Following a commercial vehicle accident, navigating the complexities of California CMV laws can be overwhelming. The Law Offices of Steve Gimblin can significantly impact your case because of our in-depth knowledge and experience with these regulations.
Stricter Licensing and Regulations:
California has stricter licensing requirements for commercial vehicle drivers (CDL holders) than standard driver’s licenses. These requirements include additional knowledge tests, skills tests, and medical certifications.
Our attorneys understand these regulations and can investigate whether the CMV driver was properly licensed and qualified to operate the vehicle.
Vehicle Weight Restrictions:
California enforces weight limitations on commercial vehicles to prevent overloading, which can contribute to accidents.
We can analyze accident data and determine if the commercial vehicle exceeded weight restrictions, potentially strengthening your claim.
Driver Safety and Hours of Service:
Federal regulations limit the number of hours a CMV driver can operate a vehicle without a mandatory rest period to prevent fatigued driving.
Our team can investigate driver logs and electronic onboard recorders (EOBRs) to determine whether the driver violated these regulations, potentially contributing to the accident.
Statutes
California Vehicle Code Section 17150
This law holds vehicle owners, including businesses, liable for damages caused by anyone operating their vehicle. This means the trucking company can be held responsible for their driver’s actions in an accident.
California Vehicle Code Section 17300
This statute addresses liability for roadway damage or cleanup. If a commercial vehicle causes damage to the road or requires cleanup, the responsible party may be held liable for the associated costs.
California Vehicle Code Section 17301
This section outlines liability for bridge damage. If a commercial vehicle causes harm to a bridge, the responsible party can be held liable for repairs.
California Vehicle Code Section 20001
This law penalizes drivers who fail to stop immediately after an accident. Hit-and-run drivers face severe penalties under this statute.
California Vehicle Code Section 20003
This statute describes the additional information that must be provided after an accident and the duty to aid those injured. Drivers must exchange information and assist injured parties.
California Vehicle Code Section 20004
This section requires the filing of accident reports. All accidents involving injuries or significant property damage must be reported to the appropriate authorities.
California Vehicle Code Section 34620
This law requires special permits for commercial trucking operations. If the trucking company failed to obtain the proper licenses, it could be a factor in your case.
California Code of Civil Procedure Section 335.1
This section outlines the statute of limitations for personal injuries, typically two years from the accident date.
California Code of Civil Procedure Section 338
This statute sets the time limit for filing claims for damage to personal property, usually three years from the date of the incident.
Oroville Commercial Vehicle Law Firm
The Law Offices of Steve Gimblin have the knowledge and expertise to handle commercial vehicle accident cases.
We understand the specific laws and regulations that apply to commercial vehicles in California and will use this knowledge to build a strong case on your behalf.
Commercial Vehicle Accident Statistics in the United States
Commercial vehicle accidents are a significant concern nationwide. According to the National Safety Council, large trucks were involved in 4,951 fatal crashes in 2018. For more statistics on commercial vehicle accidents, visit the National Safety Council’s injury facts page.
What to Do After a Commercial Vehicle Crash
Pull Your CMV Off the Road: Ensure your vehicle is safely out of traffic.
Check For Injuries on All Passengers: Prioritize the health and safety of everyone involved.
Call 9-1-1: Report the accident and request medical assistance if needed.
Don’t Negotiate With Anyone: Avoid discussing the accident with the other party or their insurance company.
Keep Track of All Evidence: Document the scene, take photos, and gather witness information.
Contact Your Insurance Company: Report the accident to your insurer.
Contact The Law Offices of Steve Gimblin: Speak with a commercial vehicle accident lawyer immediately for legal assistance.
Client Testimonials
“The Law Offices of Steve Gimblin provided exceptional service and secured a fair settlement for my case. Their professionalism and dedication were evident throughout the process.”
“I highly recommend Steve Gimblin’s team. They handled my commercial vehicle accident case with expertise and compassion, ensuring I received the compensation I deserved.”
Types of Compensation Available
The aftermath of a commercial vehicle accident can be devastating. Serious injuries, mounting medical bills, and lost wages can leave you feeling overwhelmed.
If you’ve been injured in an Oroville commercial vehicle accident, the Law Offices of Steve Gimblin can help you recover the compensation you deserve.
Here are some of the damages you may be entitled to:
Medical expenses
This includes all medical costs associated with your accident, including:
- Ambulance transportation
- Hospital stays
- Doctor visits
- Surgery
- Medications
- Rehabilitation therapy
- Future medical care
Lost wages and loss of earning capacity
If your injuries prevent you from working, you can recover compensation for lost wages. In some cases, if your injuries are severe enough to limit your ability to earn a living in the future, you may also be entitled to compensation for lost earning capacity.
Pain and suffering
This covers the physical and emotional pain you’ve endured as a result of the accident. This can include pain, discomfort, emotional distress, anxiety, depression, and post-traumatic stress disorder (PTSD).
Property damage
If your vehicle or other personal property was damaged in the accident, you can seek compensation for repairs or replacement.
Punitive damages
In rare cases, punitive damages may be awarded to punish the at-fault party for egregious conduct. These damages are not intended to compensate you for your losses but rather to deter similar behavior in the future.
Critical Factors in Commercial Vehicle Accident Cases
Several key factors can influence the outcome of your commercial vehicle accident case:
Liability and fault determination
Determining who is liable for the accident is crucial. This could be the truck driver, the trucking company, a parts manufacturer, or another party. Our experienced attorneys will investigate the cause of the accident and gather evidence to establish fault.
Importance of timely evidence preservation
Following an accident, preserving evidence as soon as possible is crucial. This may include photographs of the accident scene, vehicle damage, skid marks, and injuries. We will act quickly to secure evidence to support your claim.
Role of expert witnesses
In some cases, expert witnesses may be necessary to strengthen your case. These experts can provide testimony about accident reconstruction, the severity of your injuries, and the impact the accident has had on your life. We have a network of trusted experts we can call upon to support your claim.
Contact the Oroville CMV Accident Attorneys at Law Offices of Steve Gimblin Today!
If you or a loved one has been involved in a commercial vehicle accident, please contact us at the Law Offices of Steve Gimblin.
Our experienced Oroville commercial vehicle accident lawyers are ready to help you navigate the legal process and secure the compensation you deserve. Contact us today for a consultation.
Commercial Vehicle Accident Frequently Asked Questions
What should I do immediately after a commercial vehicle accident?
Ensure your safety, check for injuries, call 9-1-1, document the scene, and contact a commercial vehicle accident lawyer.
How do I determine if I have a valid commercial vehicle accident claim?
Consult with a commercial vehicle accident lawyer who can evaluate the details of your case and advise you on the best course of action.
What types of evidence are essential in a commercial vehicle accident case?
Substantial evidence includes medical records, accident reports, witness statements, photos of the accident scene, and any communication with the insurance company.
How long must I file a claim after a commercial vehicle accident in Oroville?
In California, you typically have two years to file a personal injury claim from the accident date. However, consulting with a lawyer is best to ensure you meet all deadlines.
Who can be held liable in a commercial vehicle accident?
Liability can include the driver, the trucking company, and the manufacturers of the defective.