Accidents Involving An 18-Wheeler or Large Truck

What if you’re injured by an 18-wheeler as you’re driving on a California highway? While we all hope this never happens to us, statistics show that large numbers of people are injured by large trucks on the road.

According to data from the National Highway Traffic Safety Administration (“NHTSA), which is an agency of the U.S. Department of Transportation, in 2021, there were nearly 6,00 people killed in traffic crashes involving large trucks. Large trucks are defined as any medium or heavy truck, commercial and non-commercial, excluding motorhomes and buses, with a gross vehicle weight rating of more than 10,000 pounds. This number of fatalities was a 17 percent increase in deaths from 2020. 

Important factors included in the NHTSA’s fact sheet about the 2021 crashes include the following:

• 72% of people killed in large-truck traffic crashes in 2021 were occupants of other vehicles. 
• 78% of the fatal traffic crashes involving large trucks in 2021 occurred on weekdays (6 a.m. Monday to 5:59 p.m. Friday).
• 3% of drivers of large trucks involved in fatal traffic crashes in 2021 had blood alcohol concentrations (BACs) of .08 grams per deciliter (g/dL) or higher, much lower than drivers of other vehicle types (28% for motorcycles, 24% for passenger cars, and 20% for light trucks). 
• Drivers of large trucks involved in fatal traffic crashes in 2021 had a higher percentage (20.8%) of previously recorded crashes compared to drivers of other vehicle types (motorcycles, 19.9%; passenger cars, 18.2%; and light trucks, 17.2%). 
• In 2021, drivers of large trucks in fatal traffic crashes were less likely (6.5%) to have previous license suspensions or revocations than other vehicle types (motorcycles…”

NHTSA considers 18-wheelers, also known as semi-trucks or Class 8 vehicles, to be large trucks. According to the agency, a typical 18-wheeler is a 5-axle tractor-trailer combination with a trailer that can be 8 to 57 feet long but is most commonly 53 ft.  In the United States, a special commercial driver’s license known as a Class-B CDL is required to operate a non-combination Class 8 vehicle, and a Class-A CDL is required to operate a combination vehicle. 

Causes of 18-Wheeler or Large Truck Accidents

Many factors can be responsible for 18-wheeler accidents. Among the most common are:

• Distracted Driving – Anything that takes a driver’s eyes off the road can be considered distracted driving. It can be texting, listening to loud music, looking at a map on a phone, or reaching for an object that has fallen to the floor from the dashboard.

• Poor Weather Conditions – Snow, rain, sleet and fog can create dangerous driving conditions. While these conditions aren’t created by the 18-wheeler and driver, the driver is required to account for them by slowing down, pulling off the road, or otherwise making safety adjustments.

• Poor Truck Maintenance – Poor truck maintenance is a common cause of accidents. Poorly maintained trucks can have shedding tires, cracked windshields, deteriorating windshield wipers, and brake issues. 

• Improperly Loaded Cargo – Improperly loaded cargo is another common cause of accidents involving 18-wheelers and heavy trucks. If cargo is not loaded properly, the vehicle can become difficult to maneuver, even for the most experienced driver. 

What Are Your Rights If You’re Injured By An 18-Wheeler or Large Truck?

If you’re injured by an 18-wheeler, you may be entitled to compensation if there was negligence on the part of the driver or some other party that caused your injuries.

In a personal injury negligence case in California, you must be able to prove:

• The truck driver or some other party owed you a duty of care 
• The truck driver or some other party breached that duty of care through negligence 
• The truck driver’s or other party’s breach was a significant factor in the accident
• You suffered compensable damages

It’s generally not difficult to establish the first element – that the truck driver or some other party, such as the maintenance provider or manufacturer – owed you a duty of care. It is a well-established legal principle that these parties owe other drivers on the road a duty to be reasonably prudent so as not to endanger them. 

The second element, establishing a breach of care through negligence, involves proving that the standard of care exercised by the truck driver, maintenance company, manufacturer, or other third party did not meet the standard that a reasonable person would have shown.

Statute of Limitations for 18-Wheeler or Truck Injury Lawsuits

If you’ve been injured in a truck accident, California law has a statute of limitations of two years after the date of the accident. If you fail to file your lawsuit within that period of time, you will be time-barred forever from pursuing your case. Therefore, it’s important to contact a Santa Ana truck lawyer as soon as possible. Preparing for litigation requires many steps and much proof, so it’s important to get started expeditiously. 

Note that if you, as an injured party, share some responsibility, comparative negligence may reduce your compensation. However, it may not necessarily bar you from seeking compensation. 

Contact a Santa Ana Personal Injury Lawyer

If you prevail in a personal injury lawsuit, the injured party may be compensated by the truck driver, their employer, or even a parts manufacturer. This compensation can include economic damages, such as lost wages, medical expenses, and car repair costs, and non-economic damages, such as pain and suffering, emotional trauma, and disfigurement. In rare cases, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future. A Santa Ana personal injury lawyer can assess the specific details of the case and provide a more accurate estimate of the potential settlement. At the Law Offices of Benjamin Arsenian, PC, we have extensive experience helping our clients resolve their personal injury cases, including truck accidents. We partner with our clients and their families to give them the representation they deserve while offering empathy and understanding for their injuries and suffering. Contact us today for a free and confidential consultation.