San Francisco Truck Accident Attorneys

Proving Fault in San Francisco Trucking Accident Cases

Proving fault in trucking accident cases requires a meticulous approach due to the complexity of commercial vehicle regulations and the severity of potential damages. Key evidence includes driver logs, which can reveal violations of hours-of-service regulations, indicating driver fatigue. Maintenance records are essential to uncover any negligence in vehicle upkeep that might have contributed to the accident. Eyewitness accounts provide valuable third-party perspectives on the events leading to the collision.

In addition to gathering evidence, understanding federal and state regulations governing trucking operations is crucial. Legal expertise is invaluable in deciphering these intricate rules and ensuring a thorough investigation. Prompt action is necessary to preserve critical evidence, such as vehicle data logs and surveillance footage, which can degrade or be lost over time.

Examples of Truck Driver Negligence

Our firm has developed many relationships throughout the local legal community to help our clients get the best chance at a favorable outcome.

We can work with legal experts to uncover the true cause of your accident and make sure you are fairly compensated for the damages you sustained. If you are found to be at fault in any way, your settlement could suffer as a result. Let our firm help you tell your side of the story.

Impaired Truck Drivers

Commercial truck drivers must meet tight turnaround times, meaning they often spend hours in the driver’s seat with only minimal rest. As a result, they are prone to using "uppers" and prescription medications to try and stay awake for longer periods of time. Some truckers will also get behind the wheel while drunk.

The truck driver in your accident may have been intoxicated with:

• Alcohol
• Caffeine pills
• Methamphetamine
• Prescription drugs

While the simple answer is that these drivers should not be using such substances, the fact of the matter is that trucking companies may hold them to near-impossible schedules. Our firm can investigate the circumstances surrounding your accident to hold the right people responsible for your damages.

Distracted Truck Drivers

Commercial drivers are held to higher standards than regular drivers. This is because when a commercial truck is involved in an accident, the consequences are far more serious, including catastrophic injury and even death. It is crucial that professional drivers give their utmost attention to operating their vehicle.

A truck driver may cause an accident due to distractions such as:

• Cell phone use / texting
• Eating or drinking
• Adjusting the radio
• Using their short-wave transmission radio
• Looking around instead of watching the road
• Reading or writing

While these may seem like obvious activities to avoid, they happen often. If you were injured because a commercial driver was distracted, let our team help you fight for the compensation you need.

Tired Truck Drivers

For obvious reasons, trucking companies may not allow overworked or sleep-deprived drivers to operate a commercial vehicle. Unfortunately, some companies choose to put profits over people, prioritizing money over the safety of drivers and all others on the road. By forcing or pressuring truckers to drive for long hours, trucking companies put tired truckers on the road – which often leads to catastrophic accidents.

Federal trucking regulations outline when and for how long a trucker can legally operate their vehicle. For example, any trucker who drives over 70 hours per week is required to rest for at least 34 hours straight. Truckers may not drive more than 70 hours in eight days.

Federal law also governs the length of a trucker's workday. If a trucker violates these regulations, they or the company they work for can be held liable.

Understanding Liability in Your Truck Accident

Most trucks are commercial vehicles, which can make determining liability in a trucking accident more complex. Multiple parties can be involved in the loading, maintaining, transporting, and hiring of the trucks and its cargo. This includes the trucking company, the truck’s manufacturer or mechanic, the cargo loaders, and more. Therefore, parties other than the driver may share some of the fault in a trucking accident.

Truck Owner’s Liability

According to California state law, “for hire” motor carriers, such as a trucking company, are subject to non-delegable duty doctrines that prevent them from shielding themselves from liability by hiring an independent contractor. This means that even if a trucking company designates drivers as independent contractors, rather than employees, the trucking company is still liable for their drivers’ actions. In fact, federal law specifically defines independent contractors hired to haul freight as employees of the trucking company.

Cargo Loaders’ Liability

Cargo must be loaded safely and evenly into trucks to prevent accidents, such as when a truck jackknifes. Jackknifing occurs when the truck goes into a skid and the trailer swings out to form a 90-degree angle with the tractor. Jackknifing can occur because of improperly loading the trailer. Cargo loaders may be held liable for a truck accident if they did not fully inspect the cargo and load it properly, which then causes an accident.

Trucking Company’s Liability

Trucking companies are responsible for the actions of their drivers and the maintenance of their fleet. A trucking company is required to perform a driving history background check. The trucking company also has an ongoing duty to ensure their drivers are qualified. If a trucking company hires someone who should not be operating a commercial vehicle, and that person causes an accident, the company will likely be liable.

Trucking companies are also required to keep their vehicles in a safe working condition. They must maintain the entire truck, from the brakes to the engine. Sometimes, the trucking company will utilize an outside mechanic to perform the maintenance. If the mechanic fails to properly fix a truck, the mechanic may be liable. California and Federal law mandate trucking companies to perform routine maintenance inspections.

Advocating for the Wrongfully Injured Since 1980

Our successes include a case in which Attorney Tim Tietjen helped a truck driver recover $8 million after an accident with another truck and another case where he secured 13 settlements, including an $11.4 million wrongful death claim for those injured in a 34-vehicle truck accident in Los Angeles County.

We apply the same dedication to every case. When you work with our truck accident attorneys, you can trust that we will fight for the full amount of compensation you need and deserve after a serious accident.

Our clients’ best interests, comfort, and recoveries are the top priorities at Rouda Feder Tietjen & McGuinn. If you or someone you love was injured, call our San Francisco truck accident attorneys to learn what you can do to seek compensation from a negligent truck driver, trucking company, or other liable party.

Call our San Francisco truck accident law firm at (415) 940-7176 or contact us online to request your free review.