Los Angeles is a very congested city in the United States, with a myriad of commercial trucks, ranging from big rigs, semi-trucks, to 18-wheelers, transporting their loads across its highways daily. Although the enormous trucks play an important part in the distribution of goods, they are a real threat to other drivers as well. A big rig collision may have tragic outcomes, which result in fatal injuries, loss of life, and huge damages to property.
If you or a loved one has been hurt in a Los Angeles big rig accident, it is beneficial to hire a seasoned big rig accident attorney to guide you through the legal process, advocate for your rights, and obtain the compensation you are entitled to.
Why Big Rig Accidents Are So Dangerous
Due to their size and weight, big rigs cause more severe accidents compared to regular passenger vehicles. Some reasons why these accidents are particularly dangerous include:
- Massive Weight and Force: A fully loaded semi-truck can weigh up to 80,000 pounds, making crashes more destructive.
- Longer Stopping Distances: Trucks require more distance to come to a complete stop, leading to rear-end collisions.
- Limited Maneuverability: Big rigs have large blind spots and are harder to control, especially in sudden traffic situations.
- Risk of Jackknifing and Rollovers: Sudden braking or turns can cause jackknife accidents or rollovers, endangering nearby vehicles.
- Hazardous Cargo: Some trucks carry flammable, toxic, or heavy cargo, increasing the risk of fires, spills, and explosions in crashes.
Common Causes of Big Rig Accidents in Los Angeles
Big rig accidents can occur for various reasons, often involving driver negligence, mechanical failures, or poor road conditions. Some of the most common causes include:
1. Driver Negligence
- Speeding to meet tight delivery schedules
- Fatigued driving due to long hours on the road
- Distracted driving (texting, eating, adjusting GPS)
- Driving under the influence of drugs or alcohol
2. Mechanical Failures
- Brake failure due to poor maintenance
- Tire blowouts causing the driver to lose control
- Malfunctioning steering systems
3. Poor Road and Weather Conditions
- Wet or slippery roads causing reduced traction
- Uneven roads or potholes
- Low visibility due to fog, rain, or dust storms
4. Improper Cargo Loading
- Overloaded or unbalanced cargo can shift and cause rollovers
- Unsecured cargo can fall onto the road, creating hazards for other drivers
Common Injuries in Big Rig Accidents
Big rig accidents often result in serious or life-threatening injuries. Some of the most common injuries include:
- Traumatic Brain Injuries (TBIs): Head trauma can lead to permanent brain damage.
- Spinal Cord Injuries: May result in paralysis or chronic pain.
- Broken Bones and Fractures: Arms, legs, ribs, and facial bones are commonly fractured.
- Internal Injuries: Damage to organs can cause life-threatening complications.
- Burns and Lacerations: Fires or sharp debris can cause severe burns and deep cuts.
Who Can Be Held Liable in a Big Rig Accident?
Determining liability in a big rig accident can be complex. Several parties may be responsible, including:
- Truck Driver: If the driver was negligent (e.g., speeding, texting, fatigued).
- Trucking Company: If they failed to maintain the truck, forced unrealistic schedules, or hired an unqualified driver.
- Truck Manufacturer: If a defect (e.g., faulty brakes, tires) caused the crash.
- Cargo Loaders: If improper loading contributed to the accident.
- Government Entities: If poor road conditions played a role in the crash.
An experienced big rig accident lawyer in Los Angeles will investigate your case to identify all liable parties and maximize your compensation.
Compensation Available in a Big Rig Accident Case
Victims of big rig accidents may be entitled to significant compensation for their losses. A lawyer can help you recover damages for:
- Medical Expenses: Hospital bills, surgeries, rehabilitation, and ongoing treatment.
- Lost Wages: Compensation for time missed at work and loss of future earning capacity.
- Pain and Suffering: Emotional distress, trauma, and reduced quality of life.
- Property Damage: Repair or replacement of your vehicle and other belongings.
- Wrongful Death: If a loved one was killed, the family may receive compensation for funeral costs, loss of companionship, and future earnings.
What to Do After a Big Rig Accident in Los Angeles
If you are involved in a big rig accident, taking the right steps can help protect your legal rights:
1. Call 911 and Seek Medical Attention
Even if injuries seem minor, some symptoms take time to appear. Always get checked by a doctor.
2. Gather Evidence at the Scene
If it is safe to do so:
- Take photos and videos of the accident scene, vehicle damage, and road conditions.
- Get contact details of witnesses.
- Note the truck’s company name, license plate, and USDOT number.
3. Avoid Admitting Fault
Do not apologize or discuss fault at the scene. Insurance companies can use this against you.
4. Report the Accident to Your Insurance Company
Notify your insurer, but do not accept a settlement offer before speaking with an attorney.
5. Contact a Big Rig Accident Lawyer in Los Angeles
An attorney can help you file a claim, negotiate with insurance companies, and take legal action if necessary.
Why You Need a Big Rig Accident Lawyer
Truck accident cases are more complicated than regular car accidents due to multiple liable parties, federal trucking regulations, and high-value claims. Here’s how an experienced Los Angeles truck accident lawyer can help:
- Investigate the Accident: Collect evidence, analyze police reports, and interview witnesses.
- Determine Liability: Identify all responsible parties, including the trucking company and manufacturer.
- Negotiate with Insurance Companies: Protect you from lowball settlement offers.
- File a Lawsuit if Necessary: Take your case to court if the insurance company refuses to pay fair compensation.
California Truck Accident Laws You Should Know
- Statute of Limitations: You have two years from the accident date to file a personal injury lawsuit.
- Comparative Negligence: California follows a pure comparative fault rule, meaning you can still recover damages even if you were partially at fault.
- Hours of Service Regulations: Truck drivers must follow federal rest regulations to prevent fatigued driving.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
