If your truck accident collision was the result of a commercial truck, liability can readily be assigned to the truck owner or company especially for the negligent entrustment of the driver.
In other words, if the commercial owner of the truck knew or should have known that his/her truck driver had a history of bad or reckless driving and did not discharge him/her, they can be liable for negligent entrustment.
It is a known fact that the larger the commercial trucks involved in a collision the greater the possibility that they will produce the most serious injuries that require immediate intervention and attention.
Usually after the occurrence of big rig accidents, the EMT arrives to transport the truck accident victims by ambulance to either nearby hospitals or transports them by helicopter to a regional burn or trauma center. Airlifting very injured truck accident victims is not uncommon in the North Bay and throughout California especially since top rated hospitals are often located in urban areas.
Immediate Action Is Best to Ensure Full Compensation for Your Expenses and Suffering—It is imperative that you contact the personal injury attorneys at Fiumara & Milligan Law as soon as possible to ensure quick action before an adjuster tries to first contact you or a family member to record the most vulnerable person’s statement and use it against you later.
If you are not covered by any personal health insurance policy or the policy is not adequate, then our law firm will travel to your home or even the medical hospital where you are located in order to help facilitate the best treatment plan and speed your recovery along.
Medical Lien Arrangement–If you cannot afford the required medical treatment due to the insufficient health insurance policy that you currently have, our law firm can arrange for you to be placed under the care of a qualified physician under a lien arrangement with our office. In this case, any and all medical expenses will be held in abeyance until the end of your case so that no out-of-pocket costs will inure to you regardless of the escalating costs.
Contingency Fee Arrangement—Our Law firm will not be compensated until after your case is settled under our contingency fee arrangement. A contingency fee only means that you pay our law firm a percentage of the total amount of the settlement that is agreed upon and out of the fee also comes reimbursement for your medical costs and expenses. You don’t pay anything until we win for you a settlement in your favor.
SOME OF WHAT YOU CAN EXPECT FROM OUR REPRESENTATION
- We would like to ensure a favorable settlement as our first course of action, but if that is impossible due to insurance carrier greed then we are prepared to pursue every legal tactic and course of action to secure your full compensation by taking your case to trial.
- Our highly skilled and knowledgeable truck accident attorneys have a wealth of knowledge regarding the terms, circumstances, and insurance coverage policies from representing many truck accident victims over the years so we can protect your legal rights.
- This firm works on a strict contingency fee basis which means you don’t pay until the very end after we WIN for you. That means all your costs and out-of-pocket expenses are held in abeyance until which time we have secured a settlement or a jury verdict in your favor.
- Our firm uses highly regarded and top-notch investigative resources to obtain all facts that support your claims against the negligent parties involved. Physical evidence if preserved and all eyewitness accounts are gathered and are used to accurately assign liability to the appropriate and negligent parties.
CALIFORNIA TRUCK DRIVING RULES AND REGULATIONS
The trucking industry is subject to many rules and regulations from the Federal Motor Carrier Safety Administration (FMCSA) to keep truck drivers and other motorists safe on the road. However, those rules are often broken in order to keep deliveries ahead of schedule and maximize profits. For example, drivers must maintain strict schedules depending on the type of truck they operate:
- Passenger-Carrying Trucks (Subject to change)
10-hour limit: Drivers are allowed a maximum of 10 hours on the road per day after 8 consecutive hours of rest.
15-hour limit: Drivers are allowed a maximum of 15 hours on the road per day after 8 consecutive hours of rest.
60-70 hour on duty limit: Drivers are allowed a maximum of 60/70 hours on the road in 7-8 consecutive days of driving.
We know that many of these rules are not regularly followed and that there is pressure from employers and others to bend these rules. Oftentimes truck drivers are taking amphetamines and other sleep deprivation drugs that impair their judgment and cause the truck accidents that often cause the greatest injury and suffering.
We are here to make certain that you are fully compensated ethically and aggressively by the skilled and knowledgeable attorneys at Fiumara & Milligan Law in the event you are injured in a truck accident. WE have over 60 years of combined trial and personal injury experience that will be behind you.
- Property/Carrying Trucks (Subject to change)
11-hour limit: Drivers are allowed a maximum of 11 hours on the road after having 10 consecutive hours off- duty.
14-hour limit: Drivers are allowed a maximum of 14 hours on the road after having 10 consecutive hours off- duty.
60-70 hour on-duty limit: Drivers are allowed a maximum of 60-70 hours on the road in 7-8 consecutive days of driving.
These rules and regulations are subject to change. Our team of skilled and highly trained truck accident attorneys is familiar with these rules and regulations. We make certain that if any of these rules were bent or disregarded your compensation will be increased accordingly due to the negligence and carelessness of the truck drivers involved and their employers if applicable.
SOME COMMON CAUSES OF TRUCK ACCIDENTS
Events leading to truck accident injuries that can support a finding of negligence include many different factors. However, under the Federal Motor Carrier Safety Administration (FMCSA) regulations which are designed to prevent many common causes of truck accidents, these causes of trucking accidents in California, although they can be different for every incident, are some of the most common reasons why truck accidents happen–they include:
- Sleep-deprivation and drowsy driving.
- Over-loaded trailers.
- Poor truck maintenance.
- Speeding and reckless driving.
- Driving while under the influence of drugs or alcohol.
- Failure to stop for a red light or a stop sign.
- The operation of a motor vehicle at unsafe speeds.
- Lane change without proper signals.
- Attempting dangerous or reckless driving maneuvers.
- Failure to check blind spots before lane changes and right turns.
The skilled and highly trained attorneys at Fiumara & Milligan Law which was established in 1992 has the reputation of being a client-focused law firm which is motivated by getting the most favorable settlements in jury verdicts for our clients who have been seriously injured. The hard driving, ethical, and compassionate representation of our clients is what gives our firm regional recognition in the North Bay and throughout California.
If you or someone that you know or love has been seriously injured in a truck accident case, please do not hesitate to call Fiumara & Milligan Law, PC— 707-571-8600. We are available 24/7.
REASONS TO CHOOSE FIUMARA & MILLIGAN LAW:
First, we are a full service law firm. We have two paralegals, several legal assistants, we have two convenient offices (real offices). Stress the geographic convenience of having a Sonoma and Marin County location and that both are easy to find with plenty of FREE parking.
Second, how many years have we been around? No Johnny come lately we have been in operation since 1992! Longevity should count for something!? WE have the resources to pursue your case—hire top notch experts to increase the value of your case.
Third, experience—between Noreen, Michael, Joe and Justin, not even counting Jackie we have more than 60 years of combined personal injury, legal and litigation experience.
Fourth, results count, a proven track record of millions of dollars collected for plaintiffs…look at the PI/ Civil results!
Fifth—WE offer to take the case on a pure contingency fee arrangement
THE CONFIDENTIAL CONSULTATION AND CASE EVALUATION IS ALWAYS FREE
If you call after hours, please tell one of our helpful operators to connect you to any one of our truck accident lawyers and we will immediately speak with you and help will be on the way.
Please call the train accident lawyers at Fiumara & Milligan Law to discuss your train or railroad accident at either of our conveniently located offices: In Santa Rosa at (707) 571-8600 or our centrally located office in San Rafael in Marin County, California at (415) 492-4507.
If you are calling after hours, our operators will connect you to any one of our highly skilled attorneys 24/7. The law firm since 1992 has earned a reputation for providing fair and ethical representation for all our clients; and we treat our clients like family.
“The Right Attorney Makes All the Difference.”