San Diego Commercial Truck Accident Lawyers

Businesses often use commercial vehicles to transport goods, equipment, and passengers. These vehicles may be easily recognizable by their company logos or branding, and they are often driven by business employees. These vehicles are often larger, weigh more, and cause collisions to be more catastrophic. For example, large pickup trucks, and semi-tractor trailers.

To protect people on the road, driving a commercial vehicle requires additional training and licensing, and care as these vehicles are typically larger and more complex to operate than standard passenger vehicles. Further, when an accident does occur, commercial vehicles cause significantly more damage and injury than typical passenger vehicles. Hence, there is significantly more federal and state regulations and rules that govern the operation of commercial vehicles. 

These differences make common sense – think of commercial vehicles more like airplanes, trains, and ships. It requires a lot more training, skill, attention, and expertise to operate these types of vehicles – especially when transporting passengers. Additionally, unlike typical passenger vehicles, commercial vehicles have a much smaller margin for error, much longer stopping distances, and are much more difficult to control, especially in emergency situations.

Nevertheless, while commercial vehicles are an essential part of many businesses, accidents involving these vehicles are often severe due to their size and weight. Victims of commercial vehicle accidents may be entitled to compensation for their losses and should seek the advice of a San Diego commercial vehicle accident lawyer to help navigate the legal process. 

Jassim Law has over 21 years of experience aggressively fighting for clients in San Diego. We utilize our extensive knowledge and resources to build a solid claim backed by evidence and detailed information. Our proven track record of success and millions recovered in damages for accident victims allow future clients the ability to trust our process and representation.

What Is Considered a Commercial Vehicle in San Diego, CA?

A commercial vehicle is a type of motor vehicle used by businesses to transport their products or people; they are often larger and heavier, hold equipment, or carry passengers. Coming in various shapes and sizes, commercial vehicles assist business owners and employees with their everyday tasks and promote their companies. There are many ways businesses use commercial vehicles, including the following: 

• Semi-trucks and tractor-trailers used for hauling goods long distances
• Box trucks
• Delivery trucks used to transport goods to retail stores or directly to consumers
• Buses used for public transportation, such as city buses or school buses
• Vans, shuttles or trucks used for tradespeople, such as plumbers or electricians, to transport their tools and equipment to job sites
• Taxis or ridesharing vehicles used to transport passengers for hire
• Construction vehicles, such as dump trucks or excavators, used on construction sites
• Vehicles used to transport people for monetary compensation 
• Vehicles over a minimum Gross Vehicle Weight Rating (GVWR), typically 10,001 lbs, or more.

The licensing, registration, regulations, insurance, and maintenance of commercial vehicles differ from the standard passenger vehicles and depend on what the vehicle transports and other factors. Commercial vehicle operators may also need additional training and certifications, depending on the type of vehicle and its intended use. If you have been in a commercial vehicle accident, don’t hesitate to contact our commercial vehicle accident lawyers in San Diego for legal representation. Our San Diego personal injury attorneys will help you obtain the justice and compensation you deserve.

Who May Be Liable for a Commercial Vehicle Accident in San Diego?

Determining liability in a commercial vehicle accident can often be complex depending on the circumstances surrounding the accident. This is because a commercial vehicle not only has a driver but the company they work for and multiple other factors that might play into the accident. A few common parties that could be responsible for a commercial vehicle accident include:

• The commercial vehicle driver: The most common person responsible for a truck accident is the truck driver. They are responsible for maintaining control of their vehicle.
• The employer: The vehicle driver is usually employed by a commercial trucking company. In San Diego,California, and most states, an employer is typically responsible for the negligence of their employees regardless of the circumstances leading up to the collision.
• The commercial trucking company: If a commercial trucking company fails to maintain the truck or adequately train and supervise the driver, they may be liable for the injuries and losses you suffer.
• The vehicle manufacturer: When a vehicle has a defective design or part, the manufacturer can be held responsible for the pain and suffering you undergo.
• Cargo loaders: In some accidents, the cargo inside or on the truck is not secured correctly and may come off the vehicle or become too heavy to transport safely.
• Brokers: A trucking broker can be liable in various instances.

When you pursue legal action to recover compensation for your damages, you need to have a clear understanding of who is responsible for the accident. Unfortunately, the accident and your injuries may prevent you from gathering evidence or understanding the bigger picture. Our commercial vehicle accident lawyers in San Diego understand the intricacies of a commercial vehicle accident and are here to help you navigate the process. Call us as soon as possible to learn more about your accident and who may be responsible.

How to Prove Fault in a Commercial Vehicle Accident Case in San Diego, California

When you’re going up against a commercial vehicle driver and their company, the organization may try to offer you a small amount of money to settle the case without going to court. However, their compensation is often significantly less than you deserve for your losses. To hold them accountable, you’ll need evidence showing their fault and how their negligence resulted in your damages. The following are a few examples of evidence that may work to prove their liability:

• Driver activity logs
• Driver training materials and documents
• Maintenance and inspection logs
• Dash cam video and data recorders
• Police reports
• Cell phone records and GPS records/data
• Photo and video footage of the accident
• Medical records
• Witness testimonies
• The truck’s black box recorded data
• Drug and alcohol screening results 
• Trucking company training procedures and safety protocols
• Driver Qualification Files

Gathering information and evidence takes time and resources. When recovering from damages, navigating the legal process can place heavy burdens on your shoulders. You deserve to take time for your physical and mental health. When you work with a San Diego commercial truck accident lawyer, they will act on your behalf and provide you with the support you deserve.

What Losses Am I Entitled to Recover After My Truck Accident?

Not only are commercial vehicles heavier and much larger than passenger vehicles, but they also carry various types of cargo that can cause severe injuries. For example, if the truck carries toxic chemicals or thick tree logs, the damage they can cause is potentially fatal. The following are a few examples of damages that you may recover when you partner with Jassim Law:

• Medical, hospital, and treatment expenses
• Lost income or wages
• Non-economic harms, including:
  • Pain and suffering
  • Mental suffering
  • Loss of enjoyment of life
  • Physical impairment
  • Anxiety and grief
  • Inconvenience
• Vehicle repairs or replacement
• Alternate transportation

While no amount of monetary compensation could replace what you lost, it can help you take the necessary steps for a smooth recovery. Taking legal action may also protect others from a similar accident and fate, and make our communities safer. Before you speak with any insurance companies, or anyone else, speak with a vehicle accident lawyer in San Diego, CA about your legal options and rights.

How Do Commercial Truck Accidents Differ From Standard Car Accidents?

First off, commercial vehicles are often larger and heavier, and therefore cause more damage and injuries when they are involved in accidents. 

Commercial vehicle accidents can be more complex than standard car accidents due to the involvement of multiple defendants and the potential for catastrophic injuries. Liability in a commercial vehicle accident case may extend beyond just the driver and include the commercial vehicle company, the loading or shipping company, and the manufacturer of the vehicle’s parts, among others.

When a catastrophic commercial vehicle or truck collision occurs, the insurance company immediately sends a “crisis management team” to the accident site. This “team” consists of lawyers, hired consultants, and insurance representatives to work to minimize their financial exposure. As such, it is very important that you hire your own “team” as soon as possible to preserve critical evidence immediately in such cases.

Catastrophic injuries sustained in a commercial vehicle accident can be life-altering and require ongoing medical care, rehabilitation, and other long-term expenses. Victims of commercial vehicle accidents may be entitled to compensation for their losses, including medical expenses, lost income, pain and suffering, and other damages. 

Determining liability can be a complex process requiring thorough investigation and evidence analysis. Going up against an organization without legal representation is intimidating and extremely risky. Without extensive knowledge of the law and experience handling these situations, your compensation and justice are in jeopardy. An experienced San Diego commercial vehicle accident attorney can help you navigate the legal process, gather evidence, and build a strong case for maximum compensation.

Common Causes of San Diego Commercial Vehicle Accidents

With 120,200 trucks involved in injury crashes in 2022 in the U.S., these accidents are an unfortunately common occurrence. However, they can happen for many reasons. Driving a large commercial truck is a major responsibility, involving many more laws and regulations than driving a typical passenger car. 

According to the Federal Motor Carrier Safety Administration (FMCSA), driving a commercial vehicle requires a higher level of physical skill, ability, knowledge, and experience than non-commercial vehicles. Why? Because trucks and commercial vehicle collisions often cause much more severe accidents and injuries. 

Therefore, any negligence from the commercial vehicle driver, other drivers, employers, and other parties can have devastating consequences. Some common causes of commercial vehicle accidents in San Diego include the following:

Driver Fatigue

Driving a truck for long hours can be tiring. Because of this, the FMCSA has regulations drivers and their employers must follow to prevent accidents. These rules include mandatory 30-minute meal periods before a driver begins five hours of work and maximum driving hours. In California, truck drivers cannot drive more than 11 hours in a 14-hour work window. 

Additionally, if it has been eight or more hours since their last break, drivers must have a break at least 30 minutes long. Failing to comply with these rules can cause the driver to get overly tired, which clouds their judgment and increases their risk of falling asleep at the wheel.

Improper Vehicle Maintenance

Commercial vehicle companies are responsible for maintaining their vehicles and getting routine inspections to ensure they are safe to drive. The FMCSA has protocols for this maintenance. Additionally, the inspectors and mechanics who perform this maintenance are responsible for identifying any problems and fixing them properly. If the commercial vehicle company, inspector, or mechanic breaches this duty, a malfunction may cause the vehicle to break down or the driver to lose control of the vehicle, resulting in an accident.

Poor Cargo Loading

Truck trailers must be loaded correctly so the freight weight is distributed evenly and remains stable during travel. If trucks are too top or side-heavy, they are more likely to overturn, cause serious damage, and leave debris on the road. If the crew who loads the cargo into the trailers does not receive the proper training or neglects their duty to load a truck safely, the vehicle may flip and cause an accident.

Insufficient Training

Commercial vehicle drivers must complete extensive training and obtain a commercial driver’s license (CDL). When a trucking company hires drivers, they must ensure drivers have a CDL and provide the necessary training to operate their vehicles safely. Failure to do so can create dangerous conditions that increase the risk of an accident.

Distracted Driving

Commercial vehicle drivers face many distractions, including phones, GPS, eating, and adjusting seats for optimal comfort and performance. Actions like texting, calling, and daydreaming can take the driver’s attention away from the road, which can be incredibly dangerous due to the size and weight of the vehicle. 

Often we see that collisions happen because the truck driver gets “too comfortable” with driving their vehicle, inappropriately treating the truck as if they are driving a passenger car. When this happens, we see that the drivers violate speed laws, following distances, and overall begin to fail to appreciate the reaction time, and difficulty in controlling a large commercial vehicle if an unexpected hazard were to occur. The results are catastrophic.

Poor Road Conditions

Property owners and government agencies are responsible for maintaining their roads by clearing debris, filling potholes, and eliminating potential hazards. Failing to resolve these issues or warn drivers of potential dangers can result in poor road conditions, which can cause truck drivers to lose control of their vehicles or swerve and cause an accident.

Reckless Driving

In California, a reckless driver is one who drives a vehicle with willful disregard for others’ safety. This includes excessive speeding, changing lanes excessively and without signaling, tailgating, improper passing, and failure to obey traffic laws and signals. If a commercial vehicle driver or other driver operates their vehicle recklessly, they significantly increase the risk of an accident and serious damages.

Driving While Intoxicated

Driving under the influence of drugs or alcohol is dangerous, no matter the vehicle. However, this is especially harmful for commercial truck drivers, who are held to a higher standard of care due to the precision required to drive trucks. Driving while high or intoxicated can cloud a driver’s judgment and decrease their reaction time, making it a major cause of accidents in California.

Regardless of whose negligence caused your accident and injuries, our passionate lawyers at Jassim Law are here to help thoroughly investigate your case and collect evidence to identify the liable parties involved and hold them accountable. 

Why Hire Jassim Law? 

If you are involved in an unfortunate accident involving a commercial vehicle or truck, you need an attorney that understands and has experience in truck accident and commercial vehicle accident cases. 

Truck accidents and commercial vehicle accidents are not typical run of the mill car accidents. They are much more complex, and require your attorney to have real experience successfully prosecuting such cases. Your attorney must know the rules, regulations, federal laws, state laws, commercial driving rules, and technology that applies to such cases. 

For example, in today’s world companies utilize fleet management technology, video, and other GPS data, including driving data that provides information concerning the time, location, speeds, forces of impact, and driving inputs preceding a collision – much like an airplane “black box.” However, this information is only obtainable if your attorney understands how to obtain it – and obtain it quickly before it is erased, lost, or “missing.”

Typically, the defense and insurance company will take the position that these are accidents like any other vehicle accident, when they are not. There are numerous Federal and State laws and regulations that govern the operation of commercial vehicles and trucks, and there are numerous ways in which a truck operator can violate safety rules that are not applicable to typical passenger cars. This can directly impact and affect whether a truck or commercial vehicle operator is found negligent. 

Often, the insurance carrier and truck owner will work swiftly to hide evidence before you hire a lawyer. Therefore, it is critical that you hire a lawyer right away to preserve evidence. Only an experienced commercial vehicle accident lawyer will know what type of evidence to look for and preserve. Moreover, you need an attorney who will know which experts are required to prove liability in a truck accident case — a commercial vehicle accident is very different from a regular car accident. 

Beyond this, the trucking company and their insurance lawyers will try to blame the victim and other drivers when in fact, the commercial vehicle drivers, trucking company, and motor carriers have specific duties and responsibilities that they must adhere to. For example, there are specific hiring and training standards, investigation standards, and operating standards that are set forth in California laws and Federal Motor Carrier Safety Regulations. 

At Jassim Law, we have successfully handled numerous truck and commercial vehicle accident cases, and we know what needs to be done from the start. We have the resources and expertise to handle these complex cases, and we handle them with the aggressive advocacy and passion that are required for justice. 

In addition to protecting you, we strive to hold negligent truck and commercial vehicle operators, owners, and employers accountable because we want the roads and highways to be safer for every person and family using them — knowing that commercial and truck accidents have devastating impacts for the people and families they harm.

Contact a San Diego Commercial Truck Accident Lawyer at Jassim Law About Your Claim

When you work with Jassim Law, you receive the professional representation you can trust. We have over 20 years of experience fighting for San Diego clients’ rights and have achieved numerous 7-8 figure recoveries for clients against some of the largest defendants and government entities. Speak with Attorney Pajman Jassim about your situation and how you may recover compensation for the damages you suffer. 

We empathize with the hardships of accident victims and aim to make communities safer. Call 858-524-6140 or complete our contact form to schedule a free consultation with San Diego commercial truck accident lawyer Pajman Jassim today.