Truck Accident - Rules of the Road
If you have had an accident with a truck, what are the Rules of the Road?
Truck Accident lawyer Daniel Horowitz has recovered millions of dollars for clients injured by trucks he explains:
Trucks Have Different Rules & Restrictions on the Road
Trucks sideswipe motorcycles, drive cars off the road or into other cars. There are still many excellent truck drivers but training and rule enforcement are not what they used to be. As a small measure of protection there are rules of the road that affect trucks and protect other drivers.
Trucks Have Tremendous Force
When you see an 80,000-pound truck on the road, it’s clear that different rules should apply compared to cars and motorcycles. This is where Newton's Second Law comes into play:
F=m×aF = m \times a
F = force
m = mass of an object
a = acceleration
In other words, a large truck hitting your car at 60 miles per hour can cause significant damage. This force is also an issue with braking, lane changing, response to winds and every other factor affecting the navigation of these metal vessels on a sea we call the highway. These rules are useful to a personal injury lawyer because trucks so often violate these rules creating liability for your personal injuries.
Keep to the Truck Lane
For safety reasons, California has implemented truck lane restrictions to separate large trucks from other traffic. These restrictions help reduce force and improve the driver’s ability to control the truck. Violations of these restrictions by commercial truck drivers can be used as evidence of fault in traffic accidents.
Speed Restrictions for Trucks
The California Vehicle Code Section 22406 states that large trucks with three or more axles cannot exceed 55 miles per hour, even if the speed limit for other vehicles is higher. This rule also applies to motorhomes, school buses, and vehicles towing others. The left-hand lane in California is reserved for faster-moving traffic, not for speed-restricted trucks.
Right Lane for Trucks
According to Vehicle Code Section 21654, slow-moving vehicles must stay in the far-right slow lane if they are slower than the normal flow of traffic. Exceptions occur when trucks are overtaking another vehicle or making a left turn.
In some areas, California has designated truck-only lanes to manage traffic flow. These lanes are typically found in Los Angeles and Kern County, while pay lanes are more common in places like Contra Costa County.
Federal Trucking Regulations
The federal government, through the Federal Motor Carrier Safety Administration (FMCSA), has its own set of regulations for California trucks. These rules cover various aspects, including:
Driver training and experience
Size and type of truck restrictions based on driver training
Vehicle inspection
Brake and visibility maintenance requirements
Record retention and keeping
Driver logs
Driver hours on the road and rest periods
Electronic records
Accident and traffic collision reports
What is an ELD?
Driver fatigue is a major factor in truck accidents. The Electronic Logging Device (ELD) rule forces drivers and companies to track hours on the road. Instead of the old fashioned handwritten log the ELD is fast, permanent and difficult to tamper with. The ELD rule applies to the vast majority of large trucks and buses on the road. An experienced truck accident lawyer will obtain the ELD information at the earliest opportunity. It will usually show compliance with the rules but if the driver is out of compliance or the data is missing this is a relevant fact. The Horowitz accident lawyer goes further. A driver might be in compliance but the data may show that this truck driver is putting lots of hours on the road. Does the driver have a neck condition? Back condition? Prior claims for workers compensation coverage? It may be that the driver is technically in compliance with the hours driving laws but personally is pushing things too far.
Why You Need a Truck Accident Lawyer
If you've been involved in a truck accident, you need a lawyer to investigate the facts and present your claim for maximum recovery. Daniel Horowitz and his team in Lafayette are experts in truck accident cases, having recovered millions for clients injured in such accidents. Let them help you.
No fees until you recover money.