Category: Personal Injury Misc.

California Rules and Regulations for Sleepy or Drowsy Truck Drivers

A Comprehensive Guide to the Cause of Personal Injury Claims Involving Truck Accidents

One of the most frightening accidents to undergo on a highway is that of being struck by a big rig. According to data reported by the Federal Motor home Carrier Safety Administration, there were approximately 3,860 fatal accidents on U.S. roads involving 18-wheelers in 2016. The possibility of being seriously injured after being struck by a big rig is alarming and as a commuter on highways flooded with large commercial vehicles, you may wonder if there are any rules and regulations that may serve to protect your safety. Since a majority of truck drivers commute long distances, one of your main concerns may involve their susceptibility to drive fatigued. Here, we explain the issues with driving while drowsy, legal ramifications of reckless driving, and what you can do to protect your interests if you have been involved in an accident involving a negligent truck driver.

Driving While Drowsy is a Legal Liability

Truck drivers who drive fatigued are a legal liability because they are essential driving recklessly. Under California law, reckless drivers are considered negligent, which means that they have failed to use a reasonable sense of care in avoiding injury or death to another. Like most states, California imposes strict legal liability on commercial drivers who have caused accidents because of reckless and negligent driving.

Across the state, commercial truck drivers are tasked with hauling immense amount of weight in products every day. The Bureau of Transportation Statistics has recently reported that the United States transportation system is the biggest in the world, transporting billions of tons of products and goods every year. Because truck drivers travel very long distances, many are regularly susceptible to drowsy driving, and this can easily lead to roadway accidents and collisions.

How the Trucking Industry Can Minimize Roadway Accidents Caused By Negligent Driving

It is important to note that truck drivers are not always to blame for roadway accidents. In fact, the transportation industry is also not always to blame for an accident on the road but when a negligent accident happens, liable parties should be held accountable. Drivers who knowingly drive for extensive periods of time and begin to doze off are considered negligent and inconsiderate of the safety of others they share the road with.

Companies can take proactive steps to ensure that their drivers prevent driving while drowsy or tired, but regrettably, even with these assurances, many drivers ignore the forewarnings and engage in unsafe driving. Regardless, the following conditions can help drivers and the companies that hire them prevent unnecessary roadway accidents.

Safe driving should always be a priority – The pressure behind meeting deadlines and performing well at one’s job is of huge importance for many commercial vehicle drivers. Although many companies do not force drivers to continuously drive for long periods of time, they can do so by other means. For companies, it should be in their best interest to also have drivers travel safely, especially considering they could be held accountable for the reckless endangerment of others. Companies could not only create but also enforce policies that help drivers prioritize safe traveling.

Treating Sleep Apnea – An excellent example of a good company-based policy to enforce safe driving practices is to support drivers who have sleep apnea. Sleep apnea is common amongst commercial truck drivers, and according to the National Heart, Lung and Blood Institute, it can create a serious decrease in concentration, motor skills, and other cognitive disorders. Sleep apnea can also lead to eyesight problems, often creating disorders such as dry eye and glaucoma. For drivers who have sleep apnea, driving for any extended period of time can have serious ramifications.

Digitizing Log Books – For many drivers and companies alike, logbooks that are used to track a driver’s working hours are a complete joke. The Federal Motor Carrier Safety Administration imposed logbooks in an effort to have drivers be in compliance of federal laws to ensure roadway safety. Because logbooks can be easily changed, they are almost meaningless for drivers and companies alike. Instead, digitizing log hours can help companies ensure that drivers are getting sufficient rest throughout their travels.

The Consequences of Commercial Vehicle Lethargic Driving

For many people, it is common knowledge that driving while sleep deprived is just as dangerous as driving while intoxicated. Drivers who engage in driving while being sleep deprived can face the following consequences:

  • The loss of commercial driver’s license
  • The loss of job and the loss of income
  • Criminal charges following an accident caused by the lack of sleep and rest
  • The company who employs the truck driver can face scrutiny from government agencies, which could lead to further employee sanctions

A truck driver who has caused an accident because of negligence will face legal liability through a personal injury lawsuit. Victims who have been injured because of a motorist who chose to drive while sleep deprived can seek compensation for their injuries. Damages that could be obtained following a successful claim involve restitution for pain and suffering, hospital bills, medical treatment, the loss of income, and other damages accrued.

Following a Commercial Vehicle Accident, Obtain the Legal Support of an Experienced Personal Injury Attorney

If you have been injured in an auto accident caused by a big rig, you should consider seeking the legal advice of an experienced attorney who can help you recover damages. Injuries caused by negligent drivers can have serious and lifelong consequences, seek the legal support of a proficient attorney who can represent your rights and interests.

At the Law Office of Attorney Justin H. King, it is of great importance to help victims of negligence obtain the financial restitution they deserve. Attorney Justin H. King is highly specialized in the field of personal injury lawsuits involving large commercial vehicles; he is prepared to vigorously represent the rights of victims through negotiation with insurance companies or litigation. Commercial vehicle accident claims in California are time restricted and filing a claim shortly after the accident is of utmost importance; obtain the legal support of a qualified personal injury attorney today.

How JUMP Electric Bikes Are Treated in the State of California

Injured by a Motor Vehicle While Riding an E-Bike? Protect Your Rights and File a Personal Injury Lawsuit Today.

Electric bicycles, such as those provided by the company JUMP, are quickly becoming very popular in southern California. Unfortunately, as their popularity rises, so do the amount of accidents involving moving vehicles and these electric bicycles. When a moving vehicle strikes an e-bike rider, the consequences can be disastrous and very serious injuries can transpire.

The use of e-bikes such as JUMP is a new practice for many, and there is confusion about the laws pertaining to e-bike users in California. For instance, it isn’t widely known if e-bike riders should use a helmet while using the tool of transportation. Additionally, many bike users are also unaware if they should abide by California laws as normal bicycle riders or as motorists.

If you’re an e-bike rider, it is important to have a comprehensive understanding of laws pertaining to the use of e-bikes. This can be very helpful knowledge in the event that you or a loved one is injured when using one of these devices.

Why E-Bikes Have Gained Traction Across Many States

For many local communities, e-bikes remain to be accepted, as they often remain as a much-debated subject. For many government agencies, electric bicycles create dangerous hazards and also create financial liabilities. Nonetheless, there are many reasons why these forms of transportation are quickly gaining traction across many cities throughout California. Some of the most prevailing reasons behind their popularity include:

  • They Are Cost-Effective – Electric bicycles can be far less expensive than riding in an Uber or Lyft.
  • In Hot Summer Days, E-Bikes Can Get You There Faster – Any person who is contemplating a quick run to the store in the summer may often think twice about walking there. E-bikes offer pedestrians the opportunity to go to local places fast without taking a vehicle.
  • They are a Fun Way to Travel – Whether a user has a specific place to travel or not, e-bikes offer people the opportunity to have fun with family and friends.
  • They Remain Green – E-bikes are more environmentally friendly than motor vehicles.
  • Increase Accessibility – Electric bikes offer people with certain disabilities the opportunity to travel to places they normally would not.
  • They Have the Potential to Create Safer Roads for Cyclists in General – Because of their popularity, e-bikes are getting more and more bike users on the road, which increases public awareness on the presence of cyclists on the road.

The Definition of an Electric Bicycle Under California Legislation

As previously mentioned, an E-bike is a relatively new method of transportation. Electric bicycles come in many different models and they can often appear to not fit into one simple definition. Many states, including California, have passed new legislation that conforms to the terms of what an electric bicycle is.

  • The State of California Vehicle Code §406(a) has defined an electric bike or a motorized bicycle or moped as being capable of no more than 30 miles per hour on level ground with the following:
  • Having a motor that produces less than two (2) gross brake horsepower, and
  • Has an automatic transmission, or
  • Has fully operative foot pedals for user propulsion, or
  • Has an electric motor that may or may not have pedals for user propulsion

Laws that Apply to E-Bikes in the State of California

If you’re an electric bicycle user in California, there are important laws you should be cognizant of when using an e-bike. A few of the most important laws are highlighted below:

  • In the State of California, an e-bike is essentially considered a normal bicycle under the Vehicle Code. E-bike users are exempt from a majority of laws that apply to motorcycles and cars.
  • Under the California Vehicle Code §406(b), an e-bike rider is not required to abide by the state’s financial responsibility laws. An electric bicycle user is not required to have liability insurance before using the e-bike.
  • Under California law, if you operate a bicycle that meets the definition provided under Vehicle Code §406(b), then you need to:
    • Be of 16 years or older, and
    • Need to wear a fitted and properly fastened helmet
  • You also are exempt from needing to obtain a driver’s license or obtain moped plate requirements (California Vehicle Code §12804.9).
Injured After Using an E-Bike? Obtain the Legal Support of a Proficient Personal Injury Attorney

Like regular bicycles, e-bike riders do not have much protection when it comes to collisions with moving vehicles. Riders are susceptible to serious injuries that include traumatic head injuries, broken bones, serious lacerations and disfigurement, and even deadly injury. Because every city can have its own regulations when it comes to where an e-bike can be used, many e-bike users are forced to use roads alongside fast-moving vehicles.

If you or someone you know has been injured while using an e-bike, it is very important to consider seeking the legal advice of an experienced personal injury attorney. Personal injury cases concerning e-bikes can be complex because their use is generally new. The rent of these devices and their use alongside pedestrians and moving vehicles is new to many southern California communities. Because of this, different laws can apply depending on the specifics of the case. Furthermore, California legislation pertaining to e-bikes is subject to change. Speaking to a qualified attorney can help you ensure that you have the best opportunity at obtaining financial compensation for your injuries.

At the Law Office of Justin H. King, preserving the rights of an injured e-bike rider after colliding with a moving vehicle is of utmost importance. Attorney King is specialized in the field of personal injury cases and will vigorously defend the rights and interests of those injured as a result of another’s negligence. If you have suffered injuries because of a careless driver, Attorney King has the experience and knowledge you need to file a personal injury lawsuit against the negligent party that caused your injuries. Personal injury claims are subject to a statute of limitations; obtain the proficient legal support of an experienced attorney as soon as possible.

Electric Scooters and the Implications They Have on Personal Injury

A trip down Melrose Avenue and it is evident that electric scooters are the latest, most demanding form of transportation in sunny southern California. As electric scooters have increasingly made their way to local neighborhoods across the state, it has become obvious that they pose an imminent danger to those who utilize them. Continue reading “Electric Scooters and the Implications They Have on Personal Injury”

How a Pre-Existing Medical Condition Can Affect Your Personal Injury Case

Upon treating an auto accident victim, a doctor can sometimes discover a pre-existing medical condition. The diagnosis of this can be surprising for the accident victim, especially if the medical condition showed no symptoms. A skilled personal injury attorney will have experience in representing clients who were unaware of a pre-existing condition until the condition was worsened by the auto accident. Continue reading “How a Pre-Existing Medical Condition Can Affect Your Personal Injury Case”

Most Common Causes of Auto Accidents in the State of California

If you have been involved in an auto accident in the State of California, the collision can lead to various unwanted circumstances. Many auto accident victims can suffer permanent injuries as well as the inability to earn an income. This article will highlight some of the most common reasons why an auto accident can happen. It is important to be aware of these reasons in order to help prevent yourself from causing and accident as well as protecting your rights if you have been the victim of an accident. Continue reading “Most Common Causes of Auto Accidents in the State of California”