Los Angeles Commercial Motor Vehicle Accident Lawyers Who Get Results

Our trusted attorneys know what it takes to win truck accident claims in LA County

In Los Angeles and throughout California, it feels like the number of commercial motor vehicles (CMVs) on our roads is at an all-time high. Due to its major ports and extensive freeway network, Los Angeles and the San Fernando Valley are among of the most dangerous regions for truck accidents.

With offices in Sherman Oaks, Woodland Hills, and throughout California, Oaks Law Firm fights for the victims of commercial vehicle accidents in the San Fernando Valley region and beyond. We want to help you recover the financial compensation you deserve. If you were injured, contact us for a free case evaluation with an experienced Los Angeles commercial motor vehicle accident attorney. A member of our reliable legal team can answer your crash-related questions and help you decide next steps.

What qualifies as a commercial motor vehicle in California?

In California, a commercial motor vehicle (CMV) is defined by specific criteria related to its size, use, and the type of cargo it carries. The state follows guidelines that align with federal regulations to determine what qualifies as a CMV. Here are the key factors that define a commercial motor vehicle in California:

• Weight and size: A vehicle is considered a CMV if it has a gross vehicle weight rating (GVWR) or a gross combination weight rating (GCWR) of 10,001 pounds or more. This includes single vehicles or combinations, such as a truck and trailer.
• Passenger capacity: Vehicles designed to transport more than eight passengers (including the driver) for compensation or more than 15 passengers (including the driver) without compensation qualify as commercial motor vehicles. This includes buses, shuttle vans, and other passenger-carrying vehicles.
• Hazardous materials: Any vehicle used to transport hazardous materials requiring placarding under federal or state regulations is classified as a CMV. These materials include substances that are flammable, explosive, toxic, or otherwise dangerous to public safety.
• Use for business purposes: Vehicles used in commerce, meaning those operated for business purposes or to transport goods or passengers as part of a commercial enterprise, are considered CMVs. This includes delivery trucks, freight carriers, and vehicles used by service companies.
• Special designations: Certain vehicles, such as farm vehicles, construction vehicles, and emergency vehicles, may also be classified as commercial motor vehicles if they meet the above criteria, particularly concerning weight and usage.

The classification of a vehicle as a CMV carries significant legal implications. Drivers of CMVs must hold a valid commercial driver's license (CDL) appropriate for the class of vehicle they operate. Additionally, CMVs are subject to stricter safety regulations, including regular inspections, maintenance requirements, and adherence to hours-of-service rules to prevent driver fatigue.

Who pays for a commercial vehicle accident in California?

In California, determining who pays for a commercial vehicle accident depends on several factors, including the circumstances of the accident, the parties involved, and the extent of liability. The primary parties responsible for covering the costs associated with the accident are typically identified through the fault and insurance coverage investigation and may include:

1. At-fault driver's insurance: The party deemed responsible for causing the accident is usually the first source of compensation. California is a fault-based state, meaning that the at-fault party's insurance company is responsible for covering damages. If the commercial vehicle driver is found to be at fault, their employer's commercial liability insurance will typically cover the costs. This includes compensation for medical expenses, lost wages, and pain and suffering.
2. Employer's insurance: If the commercial vehicle driver was acting within the scope of their employment at the time of the accident, the employer's insurance policy will generally be the primary source of compensation. Employers are often held liable for the actions of their employees under the legal doctrine of "respondeat superior," meaning they are responsible for their employees' actions while on the job. This liability extends to situations where the driver was negligent, distracted, or otherwise at fault.
3. Vehicle manufacturer or maintenance provider: In some cases, the accident may have been caused by a defect in the vehicle or inadequate maintenance. If a mechanical failure, such as brake failure or a tire blowout, is found to be the cause, the vehicle manufacturer or the company responsible for maintenance may be held liable. In these instances, their insurance policies may cover the damages.
4. Other drivers' insurance: If another driver on the road contributed to the accident, their insurance may also be responsible for a portion of the damages. In multi-vehicle accidents, fault may be shared among multiple parties, and each party's insurance can be liable for their respective share of the damages.
5. Government Entities: In some cases, poor road conditions, inadequate signage, or faulty traffic signals maintained by a government entity may contribute to an accident. If a government agency's negligence is found to be a factor, they may be liable for damages. However, claims against government entities often have specific procedures and shorter deadlines.

The process of determining who pays for a commercial vehicle accident can be complex, involving multiple insurance companies and potential legal actions. For victims, navigating this process alone can be challenging.

As such, it's crucial to consult with an experienced attorney who can investigate the accident, identify all liable parties, and negotiate with insurance companies to ensure full and fair compensation. At Oaks Law Firm, we are dedicated to helping commercial vehicle accident victims find their way forward.

Why choose us? Because we listen.

Getting a lawyer’s help after an accident is often the key to obtaining the maximum financial compensation you deserve after an accident with a commercial vehicle. Studies note that even after a lawyer is paid their fee, on average, people who consult lawyers still receive more compensation than those who try to take on the insurance company alone.

If you were injured or a loved one died in a San Fernando Valley commercial vehicle accident, contact Oaks Law Firm today for a free case evaluation. We will listen to the details of the accident and understand what you need to get your life back on track. Together, we will develop a strategy designed to get the best possible outcome for your case. Contact us to schedule your free, no-obligation case evaluation today.