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California Truck Accident Lawyers

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California Big-Rig
Trucking Accident Lawyer
Tractor Trailer Accidents in California

The Scarlett Law Group is National Trial Lawyers based in San Francisco, California. We have an outstanding record in cases involving big rig accidents, trucking accidents, tractor trailer accidents, semi accidents, automobile accidents, airplane crashes, traumatic brain injury, head injury, personal injury, catastrophic personal injuries, mass torts, medical malpractice, professional negligence, class actions, civil rights, environmental disasters and wrongful death.

 

TRUCKING ACCIDENTS

Large trucks are commonly referred to as "big rigs", "semi-trucks" or "tractor trailer" trucks. These trucks typically weigh 80,000 pounds and range from about 67 to 75 feet in length. Although large trucks represent only 3% of all the registered vehicles on the road, they account for over 25% of passenger vehicle occupant deaths in multiple vehicle accidents. In 2003 alone, over 450,000 large trucks were involved in crashes.

There is a huge difference in the weight and size of the trucks and the passenger cars. Whether the car hits the truck or the truck hits the car , it is usually catastrophic for the passengers riding in the car. According to the data collected by NHTSA, each year approximately 5000 drivers of smaller vehicles get killed and over 140,000 get injured when involved in accidents with large trucks, whereas about 600 large truck occupants get killed and about 30,000 get injured in collisions. Clearly, in vehicle crashes, smaller vehicles and their occupants are at a vast disadvantage when a large truck is involved.

The stopping distance of these big rig trucks is very large. This distance increases manifold with increase in speed. For example, it will take a 40 ton 18-wheeler driving at 65 mph an additional 100 feet to stop than if it were traveling at 55 miles an hour. Typically big rig accidents involve rear-end collisions. Jack-knifed trailers, right hand squeeze. Break failure is also a common cause for large truck accidents.

truck caution Truck Blind Spots

The larger the truck, the larger the blind spot.
Know how to drive safely!

 

 

In the past 50 years, thousands of motorists and truck drivers have been killed or injured in large trucking accidents primarily resulting from driver error and negligent maintenance by trucking companies. Unsafe driving, over-sized loads and other acts of negligence have put the public as well as truck operators in danger.

california-trucking-accidentsCalifornia is one of few states (one of approximately 10 states) that impose a lower speed limit for large trucks and commercial vehicles. Approximately 7% of all of the vehicle miles driven in the nation are done by large truck drivers. Federal crash statistics have shown that at least 20% of large trucking accidents are due to excessive speed. Mechanical failures, reckless driving and improper driver training account for many of the crashes. The National Highway Transportation Safety Association (NHTSA) reports that driver fatigue is responsible for between 30% and 40% of all big rig crashes and is the probable cause in over 30% of the crashes that resulted in truck drivers death. In a survey done that 2003, almost 20% of truckers admitted to falling asleep at the wheel at least once in the previous three-month period.

Much like the tragic frequency of traumatic brain injury in the United States, every 16 minutes a person is likely to get injured or killed in a trucking-related accident. It is not surprising that at least one-third of the injured suffer catastrophic harm and damage.

In 2004 alone, an estimated 200,000 new trucks were registered in United States. One would hope that the new trucks would be safer, however this is not necessarily the case. In many instances, the cabs of large trucks are designed to do little more than keep out wind and rain. Relatively minor crashes, especially those not involving other vehicles, can and do often result in catastrophic injuries to truck operators and passengers. There is a need for federal regulation or efforts by truck manufacturers or trucker trade unions to provide rudimentary safety measures to protect truck drivers. For safety of the truck drivers, doors should stay shut, windshields should not pop out, and some type of safety cage should be available.

Newly registered trucks and ever expanding fleets of trucks results in greater competition. Drivers are under increasing pressure to deliver faster in order to remain competitive. While regulations state that a big-rig operator can only "drive" for 10 hours per day, and must have 8 hours off for each 10 hours of driving, there is also load/unload time, often involving hours of physical labor. It is not surprising that truckers admit to falling asleep at the wheel. Many times the truckers' 10 hours of driving begins after hours of physical labor getting the load ready to go.

Unfortunately, when a 2000 pound automobile is involved in an accident with an 80,000 pound tractor-trailer, even the best of passenger vehicle design may not prevent catastrophic injury.

The Scarlett Law Group has been involved in big rig accidents resulting from improper maintenance, braking problems, driver error, jack-knife, lane change error/blind spot, as well as fatigue. Although the resulting harm to passenger vehicle and occupants can be easily seen, The Scarlett Law Group routinely utilizes the services of biomechanical engineers and accident reconstructionists, as well as safety specialist, mechanics and others in order to establish their clients' cases convincingly.

Generally the trucking companies vigorously defend the cases involving alleged operator error or mechanical error in semi-tractor-trailers. It is not uncommon for the defense to point to driver error on the part of the passenger vehicle operator. They like to focus on issues like : did he or she cut in front of the truck? Did he or she operate their passenger vehicle in a blind spot for an inordinate amount of time? Was improper passing technique used by the driver of the passenger vehicle?

 

ACCIDENT RECONSTRUCTION/BIO-MECHANICS

Accident Reconstruction/Bio-Mechanics is one of the most essential part of almost all cases. Though liability for many vehicular/trucking collisions is clear, accident reconstruction and workup of the biomechanics of injury are required for proper trial presentation.. To give every case their best, The Scarlett Law Group works with top experts in the world on this subject.

For example, many are surprised to learn that most SUVs and pickup trucks maintain a rigid bumper system which can result in much greater injury to occupants in even low speed impact collisions.

The presence or absence of motor vehicle bumper damage is usually considered to be important while estimating the severity of a low speed, or minimal damage collision. There are several types of bumpers. Bumpers on most passenger cars contain elements designed to dissipate the impact energy. Some examples of such elements are shock absorber-like isolators, foam cores or lattice cores. A number of studies have provided insight into analyzing collisions involving these kinds of bumpers. Most SUVs, vans and pickup trucks have a rigid bumper system. This system consists of a steel bumper beam attached to the vehicle frame either directly or by mounting brackets. There are two methods used for investigating the performance of rigid bumper system during low speed collisions. Vehicle-to-vehicle test is considered the best replica of the actual collision. However, barrier impacts are widely used in mandatory standards compliant tests. The relative ease of conducting a barrier test makes it an attractive alternative to a vehicle-to-vehicle test when assessing the behavior of a rigid bumper.

In one study, damage produced in barrier and vehicle-to-vehicle test of a similar severity was compared to assess the viability of barrier testing when analyzing real-world collisions involving rigid bumpers. The Scarlett Law Group, together with its experts, maintains constant review of all literature in this area. When re-enactment, either via computerized projection or actual vehicles is performed for forensic purposes, the Scarlett Law Group and its expert choose the most viable option available.

For example, in one study 5 pickup trucks (a 1980 Ford F-150 Pickup, a 1981 GMC C-1500 Pickup, a 1983 Toyota Half-Ton Pickup, a 1983 Chevrolet S-10 Pickup, a 1984 Ford Ranger, and a 1993 Ford Crown Victoria) were subjected to barrier impacts and vehicle-to-vehicle impacts on both their front and rear bumpers. Prior to each test, replacement bumpers and mounting hardware were installed by a local auto body shop. Original equipment manufactured parts were used for all of the vehicles. Speed, damage, and high-speed video were recorded for each test. Impact force was recorded for the barrier test. A Macinnis Engineering Associates "fifth wheel" was attached to each test vehicle to measure speed during the collisions. Collected at 256Hz, this device provides speed resolution of about 0.04km/h. The barrier was equipped with two uni-axial lode cells to measure impact force. This data was collected at 256Hz. All test vehicles were weighted axe-by-axel using an 11kN load cell with a resolution of 10N.

The test vehicles were pulled into impact by a speed control electronic winch and a steel cable attached to the undercarriage. Just prior to impact, the winch was turned off, so the vehicle coasted into contact.

The barrier consisted of a horizontal steel beam with a rectangular cross-section attached by two load cells to a rigid frame. The frame was bolted to a concrete floor. The height of the impact beam was adjusted so that the center of the beam was approximately level with mid-height of the bumper.

A 1993 Ford Crown Victoria was used for vehicle-to-vehicle collisions with the pickup trucks. In each of rear bumper test, a stationary pickup truck was struck by the front of the Crown Victoria. The Crown Victoria was towed to the required speed by the electric winch, and released just before impact. For each front bumper test, the pickup truck was towed into the rear of the stationary Crown Victoria in a similar manner.

The striking vehicle impact speed for each vehicle-to-vehicle test was selected so that the speed change experienced by the pickup truck would nearly match the speed change observed in the corresponding barrier test. Coefficients of resolution were predicted using approved methodology. The striking and target vehicle bumper heights matched in all tests.

The differences between the damage caused in the vehicle-to-vehicle and barrier tests was found to be generally attributable to the difference in the shape of the barrier and the Crown Victoria's bumpers. The Crown Victoria's bumpers were curved and these curvatures resulted in non-uniform loading of the bumper beam and the mounting brackets. In many of the tests the horizontal curvature caused greater deformation between the bumper mounts than the barrier test.

The bumper damage was similar in vehicle-to-vehicle and barrier tests if the bumper mounts buckled. The exception was the Toyota rear bumper, which rotated in opposite directions in both vehicle-to-vehicle and barrier tests, with about equal magnitude. However, if the bumper mounts did not fail, or if the bumper was mounted directly to the frame rails, then bumper damage was different in the vehicle-to-vehicle and barrier test. In these cases, the bumper beams tended to bow between the unyielding mounts when contacted by the rounded vehicle bumper, while they remained flat after the barrier impact.

The test data presented in this study established that both front and rear bumpers of all five pickup trucks sustained at least localized damage when subject ed to nominal 8 km/h speed changes in collisions with a fixed barrier or another vehicle. Full-sized pickup trucks sustained less bumper damage than compact trucks for equivalent speed changes, though there was variation in compact truck performance. Little damage to the bumper did not equate to the forces to which the occupants of the vehicles are subjected. In fact, by using appropriate biomechanical testing, it was determined that the absence of bumper damage on a rigidly mounted bumper did not in any way rule out the probability of serious injury, including brain injury, to the occupants therein.

Thus by utilizing help of appropriate experts, and by staying abreast of current literature, The Scarlett Law Group is able to educate juries as to why serious injuries occur with seemingly little property damage.

Even in cases involving significant property damage, for example where the Jaws of Life were utilized in order to extricate the occupants of a vehicle, biomechanical analysis should still be used. Whether the collision involves a large truck, a school bus, a pickup truck, or a small sedan, The Scarlett Law Group, and its team of experts, stand ready to assist you in your time of need.

In any large truck/passenger car accident regardless of how serious your or your loved ones injuries are, your conduct will be scrutinized by the defense. By reconstructing the accident, and by employing appropriate bio-mechanical specialists, The Scarlett Law Group eliminates and eradicates misplaced defense arguments. If you, or a loved one, have been in an accident involving a tractor trailer or a large truck, The Scarlett Law Group has the expertise to assist you through your difficult times.

If you or someone you know has been injured as the result of a trucking or big-rig accident, you need the assistance of The Scarlett Law Group. Call 800-262-7576 today to speak with a California Personal Injury Attorney.