Home to more than 550,000 residents, Fresno is a city known for its agriculture and diverse attractions for tourists and residents alike. This large city often sees plenty of commercial vehicles that further contribute to the business operations within the area. However, a constant presence of commercial vehicles also leads to greater risks of commercial vehicle accidents occurring. Keep reading to learn more about commercial vehicle accidents, their frequency, and why a Fresno commercial vehicle accident attorney should be on your call list right after an accident.
When Do Fresno Commercial Vehicle Accidents Occur?
A commercial vehicle accident involves commercial vehicles like semi-trailers, delivery vans, and other vehicles used for the transportation of cargo or people for business purposes striking, colliding, or swiping other small cars, motorcycles, bicycles, and pedestrians. In Fresno, past studies indicate commercial vehicle accidents most often occur:
- On state highways, such as the SR-99 and SR-41
- Between the hours of 6am-6pm (with the highest fatalities in large truck crashes occurring between noon and 3pm)
- On weekdays (Monday-Friday)
- In the case of delivery vans, there is a large surge of commercial vehicle accidents around the holiday period (Thanksgiving-Christmas)
Injured in a commercial vehicle accident in Fresno? Contact BD&J!
What Are Typical Commercial Vehicle Accidents?
Common commercial vehicle accidents our attorneys have represented include:
- Wide-turn accidents: When a commercial semi-trailer angles left to complete a right turn and strikes another vehicle.
- Rollover accidents: When a large commercial van or truck tips over onto its side or roof.
- Rear-end collisions: When one vehicle strikes another vehicle from behind.
- Head-on collisions: When two vehicles coming in opposite directions strike each other from the front.
- Spilled cargo accidents: When cargo spills from a delivery van or truck, striking other vehicles.
Why Do Commercial Vehicle Accidents Happen?
Commercial vehicle accidents happen in the blink of an eye. There are numerous factors that go into the cause of a commercial vehicle accident. Some of the most common causes seen by BD&J attorneys include:
Commercial Driver Fatigue
Commercial drivers are often on the road for long stretches of time, eager to meet their delivery quotas. Commercial drivers transporting property are allowed to drive 11 hours on the road consecutively, which is why driver fatigue is such a prominent cause of commercial vehicle accidents. Driver fatigue can bring slow reaction times, inability to focus, and affect the vision or hearing.
Inadequate Driver Training
Failure to provide the required driver training in safety protocols can result in commercial vehicle accidents. Improper training can also come into play when it comes to securing cargo in commercial vehicles, leading to spilled cargo and further accident opportunities.
Driver Error
Common instances of driver error, such as failing to yield to other vehicles, not seeing a vehicle in a blind spot, or even driving distracted by checking a phone or GPS, can result in commercial vehicle accidents. California code 23123 strictly prohibits commercial vehicle drivers from holding or operating a handheld communication device while on the road.
Improper Road Conditions
Improper road conditions, such as potholes, flawed road design, and even lack of signage around construction or work zones, can lead to commercial vehicle accidents.
Who is Liable in a Commercial Vehicle Accident in Fresno?
Liability for a commercial vehicle accident in Fresno can rest on:
- The commercial driver: While on the road, commercial drivers have a duty of care to their fellow motorists and pedestrians. Driving distracted, fatigued, or even impaired is a negligent act by the driver that causes commercial vehicle accidents for which they may be liable.
- Another driver: The reckless or negligent acts of other drivers with commercial vehicles, such as cutting off commercial vehicles, tailgating a commercial vehicle, and similar incidents can lead to commercial vehicle accidents.
- The trucking company: There are 2,065 trucking companies registered in California, according to the U.S. Department of Transportation. These trucking companies are required to provide further training to their drivers, but failure to do so could result in commercial vehicle accidents for which the company is liable. Similarly, failure to do background checks on drivers with previous traffic violations or complete vehicle maintenance as needed could also result in liability on the company.
- The local municipality: The local municipality could be held accountable if the commercial vehicle accident was caused by flaws in the road design or lack of proper road signage around work zones. If the accident was caused by potholes, uneven pavement, or similar events, the city could also be held accountable for failing to address these issues.
- Commercial vehicle manufacturers: In the case of faulty brakes, engine failures, or other commercial vehicle part defects, the manufacturer of the vehicle or the parts would have to take responsibility for an accident.
Do I Need a Fresno Commercial Vehicle Accident Attorney for My Claim?
Working with a commercial vehicle accident lawyer in Fresno will serve to strengthen your case. The injuries from a commercial vehicle accident can be devastating, leaving drivers, passengers, and pedestrians gravely injured and in pain. While you are overcoming the physical and emotional turmoil of a commercial vehicle accident, an attorney can help:
- File the initial claim to present your case
- Compile evidence that strongly supports your claim
- Interview expert witnesses who can testify to the severity and impact of your injuries
- Negotiate on a fair compensation amount while continuing to keep your best interests at heart
- Handle all communications between you and the other party’s representation
Let a Fresno commercial vehicle accident lawyer from BD&J examine your case! Speak with an expert now.
Frequently Asked Questions
How Do I Know if I Have a Personal Injury Claim After an Accident?
If you were seriously injured in a commercial vehicle accident that occurred due to the negligent or reckless acts of another person or entity, you could file a claim. Other scenarios for a personal injury claim include if you are dealing with financial strain due to medical expenses and unable to work due to these injuries, or if the liable party won’t accept fault for the accident.
Will A Commercial Vehicle Accident Claim Take Long to Settle?
Most likely not, as 95% of personal injury cases end in a pre-trial settlement. This is why the negotiation process is a highly crucial aspect of any personal injury claim, and a Fresno commercial vehicle accident lawyer can help with the process. However, every client’s case is unique and may require a shorter or longer timeline depending on individual circumstances.
Are There Any Organizations that Regulate Commercial Vehicles?
Yes, the Federal Motor Carrier Safety Administration (FMCSA) works to impose strict commercial vehicle regulations, including designated hours of service for drivers and other safety rulings. The California Highway Patrol (CHP) works to complete commercial vehicle inspections, test commercial vehicle drivers for suspected substance use, and cite any violations of safety regulations.
How Long Do I Have to File a Commercial Vehicle Accident Lawsuit?
According to California law, injured individuals have a statute of limitations of two years from the date of injury to file a personal injury lawsuit for a commercial vehicle accident.
Can I Still File a Claim After the Statute of Limitations Has Passed?
No, after the statute of limitations has passed, you are unable to file a lawsuit or obtain compensation.
Beat the clock and call BD&J now to book your free initial consultation.
Who Are the BD&J Commercial Vehicle Accident Attorneys?
BD&J commercial vehicle accident attorneys in Fresno have fought for the rights of injured Californians for more than 20 years. With more than $2 billion* recovered in compensation, our diligent attorneys continue to represent injured individuals and their families in Fresno and surrounding areas with dedication and expertise.
Can I Work With BD&J Even if I Am Partially at Fault for the Accident?
Yes! California is a comparative negligence state, which means that injured individuals can still obtain compensation for an accident they may have had partial fault for. The compensation amount for a claim is simply reduced by the percentage of fault the claimant is found to have.
How To Consider a Commercial Vehicle Accident Settlement Offer
Have you heard back with an offer from the insurance provider of the company involved in your commercial vehicle accident? To consider a commercial vehicle accident settlement offer, be sure to:
- Review your current situation after injuries. Are you unable to work? Do you have further accident-related expenses to think about? Consider your current financial situation and whether the settlement offer could help cover all accident-related expenses.
- Talk to your health provider about future treatments for injuries. Oftentimes, we tend to think about the expenses of the present, not so much what may come in the future. This is why speaking to your health provider about any future surgeries, medications, and further treatments for your injuries can help you get an idea of how a settlement offer could (or couldn’t) fully cover what you need.
- Discuss the settlement offer with a commercial vehicle accident attorney. It always helps to get the insight of a legal professional who’s represented clients in similar cases. Sit down with a Fresno commercial vehicle accident attorney to discuss your claim, and whether the proposed settlement offer works in your best interests.
Not sure whether a settlement offer is fair for your case? Ask a commercial vehicle accident attorney in Fresno from BD&J!
Fresno Commercial Vehicle Accident Lawyers Defending Injured Drivers for Decades
Connect with the Fresno commercial vehicle accident attorneys from BD&J to discuss your case. Our team understands the financial strain after an accident, which is why we work on a contingency basis. No fees until we win*. Contact us now to book your complimentary initial consultation!
