Before a truck driver can get on the road, they need to pass a series of exams to obtain their commercial driver’s license (CDL). This includes getting a permit, going to school, practicing driving a truck, and learning state trucking laws. This is all done in the interest of ensuring that these big trucks are operated by professionals and lessens the chances of an accident occurring.
However, not all accidents can be avoided. This is where a truck accident lawyer in San Gabriel comes in. They can help you investigate the accident, file a case, and get the compensation you deserve.
Contact Vaziri Law, LLP, now to start your claim.
Commercial Truck Drivers vs Average Drivers
Truck drivers and personal vehicle drivers share many things in common when it comes to training and licensure. The average driver must learn traffic laws, acquire a driver’s permit, practice driving a vehicle, and then pass the driving test. A truck driver follows a similar process. The only difference is that they must go to a specialized driving school and meet certain criteria.
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Requirements to Start the Truck Driver Process
Becoming a truck driver is a straightforward process. At minimum, a driver must be 18 at the time of hiring. At this age, drivers can only work within the state they have their license in. At 21, they can start driving across the country and carry hazardous materials and waste.
During the hiring process, their driving records will be checked. All drivers must have a clean driving record. If a potential driver has a DUI or a serious infraction, they may be disqualified. A high school diploma or GED is not required, but it’s highly recommended.
In addition to this, the Department of Transportation (DOT) requires all potential applicants to take the DOT physical exam. This exam checks vision, hearing, blood pressure, and overall fitness to the DOT’s standards.
Get a Commercial Learner’s Permit
Before training can begin, potential truck drivers need a commercial learner’s permit (CLP). This is essentially a driver’s test where drivers must study the state’s CDL manual and pass the written tests that cover commercial driving rules, brakes, and combination vehicles for Class A or Class B, depending on what vehicles the test-takers need to drive.
This test is taken at the DMV where you will be asked to pass a vision test and submit proof of your identity and residency, in addition to a non-refundable application fee. This fee allows you to take the knowledge test and the skills test three times within a year. A CLP is only good for six months, so knowing which truck(s) test-takers want to drive in advance is highly recommended.
Look Up the Vehicle You Want to Drive
If truck drivers want to drive a different type of vehicle, they should also take the tests for those vehicles as well. For example, if a driver wants to handle hazardous materials, they should take those tests as well at this stage.
Difference Between the Class A and Class B Licenses
The Class A license covers tractor-trailers. Most jobs accept Class A licenses over Class B. A Class B license is for box trucks and dump trucks. A Class C license is for specific cargo.
A Class A commercial driver can operate:
- Truck and trailer combinations
- Tractor-trailer buses
- Tanker vehicles
- Livestock carriers
- Flatbeds
A Class B commercial driver can operate:
- Straight trucks
- City, tourist, and school buses
- Segmented buses
- Box Trucks
- Dump trucks with small trailers
Class C commercial drivers operate vehicles that transport hazardous materials such as flammables, corrosives, gases, explosives, and radioactive materials. These drivers can also operate vehicles meant to transport more than 16 people (including the driver) at a time.
Complete CDL Training
After getting a learner’s permit, applicants must complete the Entry-Level Driver Training (ELDT) with a pre-approved provider that is listed on the FMCSA Training Provider Registry. These programs are offered by private CDL schools, community colleges, and many carriers. This program teaches drivers how to drive large trucks, as well as trucking laws.
Potential drivers must complete both classroom hours and supervised driving hours before getting a CDL. This must be done before taking the CDL skills test.
How Long Does It Take?
Most people can finish this course in about 3 to 7 weeks. This depends on the time a potential driver takes to finish the courses. For example, a full-time student can finish the course in 3 weeks, while a part-time student can finish in about 7 weeks.
Pass the CDL Skills Test
Once the training is completed, drivers can take the CDL skills test at a state-approved site. This test asks drivers to identify and explain vehicle safety via a vehicle inspection, demonstrate their skills with backing up and maneuvering a truck, and take the proctor on a drive with real traffic.
Once drivers pass all these tests, they can start applying for positions.
How to Report a Truck Accident
Despite training all drivers to remain safe on the road, sometimes accidents happen. If you find yourself in an accident with a truck driver, filing an accident report is pretty similar to what you would do in a car accident.
- Ensure everyone’s safety. Truck accidents can often do more damage due to a truck’s size. It can also affect oncoming traffic if cargo flew off the truck and onto the road.
- Call the police/paramedics. Calling the authorities to the scene can help you get an official report of the accident. Paramedics at the scene can also check people for any injuries at the scene and start a medical record.
- Exchange insurance, vehicle, and contact information. Like a car accident, a truck accident requires all parties to exchange insurance, license, and other contact information to file their accident reports.
- Take photos/video of the scene. Take photos and video of the scene. This can help truck accident attorneys reconstruct the scene and determine the cause of the accident. If you have dashcam footage, submit that as well.
- Go to the doctor. If you don’t see a paramedic at the scene, or if they let you go, visit a doctor for a checkup. Make sure to get a record of your visit.
- File a spoilation letter. This is a letter meant to preserve evidence. Sending this letter to the corresponding people can prevent parties from losing crucial evidence such as a truck’s black box.
What’s a Black Box?
A black box is a recording system built into most commercial trucks. This evidence provides key information to a truck driver’s behavior before the crash. It records vital information such as:
- Speed
- Brake operation
- Throttle position and acceleration
- Steering input
- Gear status
- Seatbelt usage
- Engine RPMs and indel time
- Rest breaks
- Driving hours
In some cases, black boxes can also log GPS data and communication between the truck and dispatch centers.
Why is it Important to Get a Spoilation Letter?
Black box information is only stored for about 30 to 60 days. Sometimes trucking companies and their insurers will do their best to avoid giving truck accident lawyers that information.
To prevent the loss of this crucial evidence, a truck accident lawyer will send a spoilation letter to ensure that the information on that box is preserved. Without that information, a case against a commercial truck can become difficult to investigate properly.
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FAQ
How Does My Lawyer Determine Fault?
In California, the law follows comparative negligence. This means that all parties involved in an accident hold some level of fault. This is determined through an investigation using the evidence all parties provided when filing the case.
Who is at Fault in a Truck Accident?
In a truck accident, many parties can be at fault. Commercial trucks often have multiple parties in charge of different tasks. For example, a school bus works for a school district, but that district hires mechanics to repair the buses. If a school bus causes an accident due to poor maintenance, the repair company can be held more liable than the school.
Every case is different. It’s recommended to speak to your truck accident lawyer in San Gabriel to learn more about your case.
What Can I Be Compensated For?
In most cases, people can recover compensation for physical and psychological damages. Physical damages include lost wages, medical expenses, and home renovations to accommodate new conditions. Psychological damages include loss of consortium, PTSD, anxiety, and loss of enjoyment of life.
What If a Party Was Malicious?
If a party was found to be belligerently negligent, the court can charge the negligent party a penalty fee. This penalty fee is awarded to the injured parties as a bonus to their compensation.
How Much Can I Recover for My Accident?
That depends on your case. There are too many types of trucks to generalize the range each truck accident case can give. You can use your evidence to calculate a starting point, but it’s best to speak to a truck accident attorney to learn more about your case.
How Long Do I Have to File a Case?
In most cases, all parties have up to 2 years to file a case. However, it is not recommended to wait that long. Evidence can disappear or you can learn that the commercial vehicle you got into an accident with was a government vehicle.
What’s Special About Government Vehicles?
Government vehicles have sovereign immunity which makes them invulnerable to lawsuits, unless it’s about personal injury. In that case, people have 6 months to file a claim. Any longer than that, and your claim will most likely not be considered.
What If Someone Died in a Truck Accident?
If someone passed away in the accident, the surviving family can file a case on the decedent’s behalf to recover compensation for monetary and psychological damages. A San Gabriel wrongful death attorney can help you begin the legal process after losing a loved one.
Do I Need a Lawyer?
Not always. However, with the various parties involved in a truck accident, it’s highly recommended that you seek legal guidance. Sometimes trucking companies may not be forthcoming with information.
They may also take advantage of the fact that you may not be as legally versed as their team. To avoid this, it’s best to have a truck accident lawyer at your side.
How Much Is a Lawyer?
Most lawyers work on contingency fees. This means they will take a percentage of your compensation if they win your case. The average lawyer will take anywhere from 30 to 40 percent of your compensation.
Not every lawyer will abide by this. Before agreeing to hire a lawyer, make sure to ask about their fees.
Contact a Truck Accident Lawyer Today
Getting into a truck accident can be a scary experience. However, by partnering with a truck accident lawyer in San Gabriel, like Vaziri Law, LLP, you can rest easy. Our team of lawyers has over 100 years of combined experience in helping people all around California get the compensation they deserve.
For more information, visit our website and contact us today!
