Understanding Your Legal Rights After a Truck Accident in Salinas, California

As a trucker who has been involved in an accident in Salinas, California, understanding your legal rights and obligations is crucial, especially if you might have violated hours-of-service regulations. Navigating the complexities of workers’ compensation claims and potential liability issues can be daunting, but the accident lawyers at USAttorneys.com are here to help.

The Role of Hours-of-Service Rules in Truck Accidents

The Federal Motor Carrier Safety Administration (FMCSA) sets forth hours-of-service (HOS) regulations to ensure that truck drivers get adequate rest and do not drive while fatigued. These regulations are critical for maintaining road safety and preventing accidents. Violations of these rules can significantly impact the outcome of an accident case, both in terms of liability and workers’ compensation claims.

Key Hours-of-Service Regulations

For Property-Carrying Drivers:

  • 11-Hour Driving Limit: Drivers can drive a maximum of 11 hours after 10 consecutive hours off duty.
  • 14-Hour Limit: Drivers cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
  • 30-Minute Rest Break: Drivers must take a 30-minute break after driving for 8 hours.

For Passenger-Carrying Drivers:

  • 10-Hour Driving Limit: Drivers can drive a maximum of 10 hours after 8 consecutive hours off duty.
  • 15-Hour On-Duty Limit: Drivers cannot drive after being on duty for 15 hours, following 8 consecutive hours off duty.
  • 60/70-Hour On-Duty Limit: Drivers cannot drive after 60/70 hours on duty in 7/8 consecutive days.

Violations of these regulations can not only lead to fines and penalties but also complicate any accident claims or defenses.

How Can USAttorneys.com Help You?

When you are involved in an accident, especially one where there might be a violation of HOS rules, having a knowledgeable accident lawyer is essential. The accident lawyers at USAttorneys.com can assist you in several ways:

1. Legal Consultation and Case Evaluation

Our experienced accident attorneys will provide you with a comprehensive consultation to understand the specifics of your case. They will evaluate the accident details, the extent of your injuries, and any potential HOS violations to build a robust defense or claim strategy.

2. Navigating Workers’ Compensation Claims

If you have been injured in the accident, our lawyers can help you navigate the complexities of filing a workers’ compensation claim. This includes gathering necessary documentation, proving that your injury occurred while on the job, and ensuring that you receive the benefits you are entitled to.

3. Defending Against Liability

In cases where you might be held liable for the accident, our attorneys can provide a strong defense. They will investigate the accident thoroughly, gather evidence, and work to mitigate any potential liability you might face due to HOS violations or other factors.

4. Negotiating with Insurance Companies

Insurance companies often try to minimize the compensation they pay out. Our lawyers are skilled negotiators who will work to ensure that you receive a fair settlement that covers your medical expenses, lost wages, and other damages.

5. Litigation Support

If your case goes to court, having a seasoned accident lawyer by your side can make a significant difference. Our attorneys have extensive experience in litigation and will represent your interests vigorously to achieve the best possible outcome.

Steps to Take After an Accident

1. Stop and Assess the Situation

Always stop your vehicle after an accident and check for injuries. Ensure that you and others involved are safe and move to a secure location if possible.

2. Call 911

Report the accident to the local authorities. Having a police report is crucial for documenting the incident and can be valuable evidence in your case.

3. Document the Accident

Take photos of the accident scene, the vehicles involved, and any visible injuries. Collect contact information from witnesses and other parties involved in the accident.

4. Notify Your Employer and Insurance Company

Report the accident to your employer and file a claim with your insurance company. Be honest about the details and avoid admitting fault until you have spoken with a lawyer.

5. Contact an Accident Lawyer

Reach out to an experienced accident lawyer in Salinas, California. They will guide you through the legal process, protect your rights, and help you pursue the compensation you deserve.

Conclusion

Navigating the aftermath of a truck accident, especially with potential HOS violations, can be challenging. The accident lawyers at USAttorneys.com are here to provide the support and legal expertise you need. Whether you are seeking workers’ compensation benefits or defending against liability claims, our dedicated attorneys in Salinas, California, will work tirelessly to ensure your rights are protected and you receive the compensation you deserve.

Contact us today to connect with a skilled accident lawyer who can help you through this difficult time.