Commercial Vehicle Laws to Know in California
Commercial vehicles join a multitude of motorists on Los Angeles streets and highways every day. These vehicles include semi-trucks, delivery vans, buses, and other vehicles transporting people, cargo, and other property for compensation. Navigating these larger vehicles involves following specific commercial vehicle laws. Not every driver commits to these laws, resulting in catastrophic accidents. Keep reading to learn more about commercial vehicle laws in California, what to do after a commercial vehicle accident, and how working with one of the prime commercial vehicle accident law firms in Los Angeles can help your claim!
What are Common Commercial Vehicle Laws in California?
Commercial vehicles have specific laws to uphold in every state. These regulations are required for commercial drivers to maintain safe conditions for themselves and other drivers. In California, common laws include:
Necessary Commercial Driver Licensing
To operate a commercial vehicle that weighs over 26,000 pounds, California drivers must obtain a commercial driver’s license (CDL). These licenses have certain requirements, such as 15 hours of behind the wheel training, medical information submission for interstate drivers, skill tests, driving tests, and authorization through the Drug and Alcohol Clearinghouse (DACH) database. Obtaining a commercial driver’s license is essential for commercial vehicle drivers to continue to work, which is why the recent revocation of more than 17,000 commercial driver’s licenses in California has garnered a lot of media attention.
Hours of Service
Commercial drivers are on the road for long stretches of time. Driver fatigue is no stranger to truck drivers and other commercial vehicle operators, which is why the Federal Motor Carrier Safety Administration (FMCSA) implemented required hours of service a commercial driver can be on duty. For example, property carrying drivers have an 11-hour driving limit after 10 consecutive hours off duty.
Right Lane Rule
Commercial vehicle drivers are required by law to remain on the right-hand lane of the road, or the lane designated for slower moving vehicles. If a commercial driver is on a road with more than four lanes, they are obligated to stay on the two right-hand lanes.
Speed Limitations
Because commercial vehicle drivers are often transporting heavy cargo, they are expected to go at a speed much lower than traditional motorists. In California, vehicles weighing more than 4,000 pounds or containing more than 3 axles should be going 10 miles less than the normal speed limit for other vehicles. For example, trucks on the highway have a maximum speed limit of 55mph.
Proper Cargo Security
Improperly secured cargo is known to cause a variety of commercial vehicle accidents, so of course there are laws to prevent disaster. In California, the gross weight of a vehicle, including it’s load, cannot exceed 80,000 pounds. Commercial vehicle drivers are expected to check their cargo after every 3 hours or 150 miles, use blocking to prevent cargo movement, use tie-down equipment for each 10 feet of cargo, and cover any exposed cargo to prevent spillage.
What Do I Do After a Commercial Vehicle Accident?
If you were involved in a commercial vehicle accident, there are a few crucial steps to take. If you were on the road, seek a safe spot to pull over and get driver information, as well as take photos and videos of the accident site, damages, etc. Be sure to also get the vehicle’s license plate number and company name. Calling the police helps produce a police report documenting all the accident details. Seek medical attention for injuries, whether you feel symptoms or not.
From there, visit a commercial vehicle accident attorney from BD&J, one of the most committed commercial vehicle accident law firms in Los Angeles, to talk about filing a claim for compensation.
How Can a Los Angeles Commercial Vehicle Accident Law Firm Help My Case?
If you were involved in a commercial vehicle accident in Los Angeles, you’re no doubt dealing with medical expenses, property damage, and trying to recover from painful injuries. Working with a Los Angeles commercial vehicle accident law firm can bring you closer to the possibility of obtaining compensation to cover any expenses piled up from the accident. When you work with a commercial vehicle accident attorney, you are working with an expert in law who can guide you in the claim filing process, evidence collection, negotiations, and provide you with legal representation.
Frequently Asked Questions
Do I Have to Get Medical Treatment After a Commercial Vehicle Accident if I’m Not in Pain?
We recommend it! While most injuries can be surface-level and show symptoms, some injuries can go unnoticed due to adrenaline or shock. It is important to go to the hospital after an accident and document any injuries sustained.
What if a Loved One Died from Their Injuries?
If your loved one passed away from severe injuries after a commercial vehicle accident, you and your family should not be left struggling to pay for accident expenses while grieving. Talk to an attorney from a commercial vehicle accident law firm in Los Angeles to learn about filing a wrongful death lawsuit.
How Long Do I Have to File a Commercial Vehicle Accident Lawsuit?
In California, plaintiffs have two years from the date of the accident to file a commercial vehicle accident lawsuit. After two years, you will not be able to recover compensation for any accident expenses.
What if the Company’s Insurance Denies My Claim?
If the commercial driver’s insurance denies your claim, it is essential you speak to a commercial vehicle accident attorney. They can work on reviewing and compiling further evidence, appealing the denial, and even represent you in court if necessary.
Should I Continue Speaking with the Other Party’s Insurance?
No, you should not continue speaking to the other driver’s insurance if you are filing a claim or have had your first claim denied. The insurance company of the other party will seek to hold you to the highest degree of fault to avoid a payout. Instead, have a commercial vehicle accident attorney represent you in all insurance communications.
How To Prove Negligence in a Commercial Vehicle Accident
A commercial vehicle accident caused by the negligence of another driver can have huge consequences for unsuspecting drivers. If you are seeking to prove negligence in your commercial vehicle accident, you should:
- Establish the other driver breached their duty of safety. – Negligence from another driver can look like failure to practice safe driving (such as speeding, distracted driving, fatigued driving, etc.), improperly secured cargo, and improper driving maneuvers (cutting other vehicles off, not driving in the designated right lane(s), running red lights, etc.). Establishing a breach in their duty of safe driving is key to proving negligence.
- Confirming your injuries as a direct result of this breach. – Photos, medical records, and witness testimonies can help confirm you were injured as a result of this breach. This further helps to prove negligence.
- Speaking with an attorney at a commercial vehicle accident law firm in Los Angeles. Proving the negligence of another driver doesn’t have to be solely up to you. Consult with a commercial vehicle accident lawyer to learn more about building your claim and proving negligence.
Work With One of the Most Dedicated Commercial Vehicle Accident Law Firms in Los Angeles!
Commercial vehicles have specific laws to adhere to in order to maintain safety on the road. When these laws are breached, other vulnerable drivers end up paying the price. If you or a loved one were injured in a commercial vehicle accident, sit down with an attorney from BD&J, a diligent commercial vehicle accident law firm in Los Angeles, to build your claim.
At BD&J, we continue to fight for the rights of injured drivers. With more than $2 billion* recovered in compensation for injured California citizens, we seek to help drivers and passengers injured in commercial vehicle accidents to obtain their rightful compensation. No fees until we win*. Contact us now to book your free consultation.