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Truck Accidents

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Truck Accidents

Safety Regulations for Commercial Trucks Carrying Fruits and Vegetables

This week’s question comes from Mark C. in Modesto who asks:

Q: “Yesterday morning I was driving on the freeway when a large semi-truck merged into my lane. The semi-truck was loaded with tomatoes which were not covered and appeared to be overflowing. As he merged into my lane the semi-truck jerked a bit, which caused some of the tomatoes to fall and splash onto my windshield and on the road ahead of me. I lost control of my vehicle and I almost crashed into the center divider. Thankfully, I was able to regain control of my vehicle, but this incident could have easily turned into a tragic accident. What are the laws regarding commercial trucks transporting fresh produce? Shouldn’t they be required to cover the fresh produce or refrain from over loading the truck to prevent spillage?”  

 

A: Mark, I am glad to hear that you were not seriously injured, although I can imagine this was a frightening experience. California has established laws that apply to just this risk of escaping cargo posed commercial trucks. The purpose of these laws is to prevent spillage, which can cause traffic problems and, most importantly, serious injury or death to other motorists driving on the highway.

Under California Vehicle Code Sections 23114 and 23115, it is against the law to operate on the highway a vehicle which is improperly covered, constructed, or loaded so that any part of its contents or load spills, drops, leaks, blows, sifts, or in any other way escapes from the vehicle. The only contents that are allowed to fall from a truck are feathers from live birds and clear water. California Vehicle Code Section 24002 also provides that, “It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, or which is not safely loaded, and which presents an immediate safety hazard.” Moreover, the Department of Motor Vehicles’ (“DMV”) Commercial Driver Handbook also provides that any person who willfully or negligently damages any street or highway is liable for the costs of removing the debris from the roadway. A driver can be cited for spilling tomatoes on the road and the company can be fined for the costs incurred to clean up the mess. The semi-truck that merged into your lane had a duty to abide by both the California Vehicle Code’s spill protection safety requirements and the the littering prevention mandates of the DMV Commercial Driver Handbook. .

Under the common law doctrine of respondeat superior, codified in California Civil Code Section 2338, the employer of an individual is responsible for the torts (wrongs) committed by its employee that happen within the “scope and course of their employment,” in order to spread the risk through insurance and carry the cost thereof as part of his costs of doing business. In this case, the trucking company had the responsibility to make sure that the tomatoes were properly loaded. The cargo on the semi-truck should have been covered or in the alternative it should have been loaded with sufficient space below the upper edge of the semi-truck to prevent spillage. Clearly, the semi-truck driver and his employer did not follow the safety requirements as provided by California laws and negligently packed the tomatoes, which subsequently caused them to fall off the truck as the semi-truck was merging into your lane.

Such negligent conduct by companies in charge of transporting cargo can cause serious personal injury to motorists on the road when they fail to follow safety procedures. In your case, as a result of their negligence, tomatoes splashed onto your windshield and onto the roadway which caused you to lose control of your vehicle. Generally, the statute of limitations for personal injury is two years from the date of the incident; however, it is important to highlight that if a government entity is involved, such as the California Department of Transportation (“CalTrans”), under California Government Code Section 910 you must bring a claim against the government entity within six months after the incident. you must serve a 910 Government Claim Form on the district, and certain specific rules about serving this document, what must be included in this document, and when it must be filed must be followed to provide the district notice that you will file a civil case. I urge you to contact an attorney experienced in this area to assist you in this complex process.

We have handled numerous cases in which individuals have suffered bodily injuries due to the negligence of semi-truck drivers. However, this column does not constitute legal advice and it is important that you consult with an experienced trial lawyer as soon as possible, especially if you you suffered personal injuries.

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Email Chris questions and topics for future articles to help@dolanlawfirm.com.
We serve clients across the San Francisco Bay Area and California from our offices in San Francisco, Oakland, and Los Angeles. Our work is no recovery, no free or also referred to as contingency-based. That means we collect no fee unless we obtain money for your damages and injuries.

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A 6-Car Crash On Highway 120 in Manteca Kills One Man, Others Injured

6-car crash manteca hwy 120 escalon big rig Peterbuilt truck crash accident

The Six-Car Accident Was Caused By a Big Rig Peterbuilt Truck

Escalon, CA (October 6, 2016) – A man was killed and five other people were injured in a multi-vehicle crash on Highway 120 on Monday, October 3, 2016.  The crash occurred at about 5:05 p.m. during regular commuting hours on the eastbound Highway 120 at Main Street.  Two men and three women suffered injuries of various levels.

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Fatal Highway 580 Crash Highlights Dangers Posed By Large Trucks

Highway 580 Crash.jpg

A fiery six-vehicle crash involving a semi-truck before 6 a.m. on Wednesday, April 27, 2016, on Interstate Highway 580 in Pleasanton, California took the life of the driver of a BMW. A big-rig slammed into the BMW which caught fire.  The driver, a 43-year old man from Brentwood, was trapped inside and died.  Although other vehicles also caught fire in the chain reaction accident, no other drivers or occupants were seriously injured.

The fatal Highway 580 fatal crash highlights the vulnerability of people traveling in cars when a large truck accident occurs.  Each year nearly 2,500 persons in cars drivers and passengers die in accidents across America involving a large truck.

As explained by the Insurance Institute for Highway Safety, “trucks often weigh 20-30 times as much as passenger cars and are taller with greater ground clearance, which can result in smaller vehicles underriding trucks in crashes.”

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Bus And Truck Driver Fatigue A Significant Safety Threat

Greyhound Bus crash

Today’s question comes from Marisol S. in South San Francisco who asks “my friend was on the Greyhound bus that crashed on Monday. They say that the driver may have been too tired and fell asleep. Isn’t the bus company supposed to make sure that the drivers aren’t drunk or falling asleep? How can they let someone who is falling asleep drive a bus? What laws apply? What are her rights?”

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NTSB Makes Truck And Motorcoach Recommendations

A 2014 California collision between a semi truck, a passenger car and a motorcoach led to an extensive investigation by the National Transportation Safety Board. That investigation culminated in the NTSB releasing several recommendations designed to improve highway safety. The accident claimed the lives of 10 people, some of which might have been saved if the safety measures had been in place beforehand.

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Truck Accident Deaths Rise Again

The traffic fatality data from 2013 has been released. The U.S. Transportation Department announced the results of the report and the news is largely positive. In 2013, traffic fatalities dropped 3.1 percent to a total of 32,719. The news was not all positive, however. Large-truck accident deaths rose for the fourth consecutive year. In addition, the total number of crashes rose. Those crashes were obviously survived at a greater rate, but the collisions themselves are still up. With fatalities down overall, more attention will likely be paid to the areas where safety has not improved.

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How Many Hours Is Too Many For Truck Drivers?

The trucking industry has voiced concerns about its ability to attract qualified drivers in recent years. It has also argued that federal regulations are threatening to make commercial trucking too expensive for consumers. Among the federal regulations it has worked hardest to prevent are those restricting the number of hours a driver can operate his or her vehicle in a given time period. Trucking companies may have found a way to loosen those restrictions this week.

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Four people die in remote California highway crash

busaccidents.jpg

Four people are dead after a chain-reaction accident at the California-Arizona border.

Authorities say that a truck hit a highway median while attempting to pass a slower-moving car last Wednesday morning on Interstate 10.

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IIHS Tests Suggest that Current Underride Guards on Semis Are Unsafe

Semi trucks are the largest (and most dangerous) vehicles on the road, so safety measures are commonly adjusted as new research suggests ways to make the public safer. According to a new study by the Insurance Institute for Highway Safety – IIHS for short – trailer underride guards will have the next major safety-standard adjustment for commercial trucks, as researchers found that most as currently designed are unsafe for the important purpose they are intended – saving lives.
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San Fran fire truck crashes into motorcyclist

drunkdriver3.jpg

A Daly City motorcyclist was severely injured after being hit by a San Francisco fire truck. KGO-TV reports that the fire truck driver appears to have been under the influence.

Surveillance video of the scene shows the ladder truck hitting the motorcyclist after running a red light. The 50-year-old motorcyclist suffered a punctured lung, neck and back injuries, and broken bones in his legs, ankles, foot and ribs.

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