San Diego Truck Accident Attorney

Helping Accident Victims in Southern California Since 1987 - Call (619) 215-1488

Commercial trucks such as 18-wheelers, tractor-trailers, semi-trucks, and big rigs can easily weigh 20 times what an average passenger vehicle weighs. Because of the additional danger these vehicles pose, it is important to be aware that the drivers carry an additional level of responsibility and liability. In fact, all commercial truck drivers are required to abide by the regulations set out by the Federal Motor Carrier Safety Administration.

If you were hit by a truck driver who violated regulations or otherwise acted negligently, you have rights. With the help of a San Diego injury lawyer from The McClellan Law Firm, you can pursue the level of compensation that you deserve.

Call now to arrange your free case evaluation: (619) 215-1488.

Not only have we obtained more than 130 verdicts and settlements worth $1 million each, but we have been widely recognized for our success in the field.

Some of the truck accident cases we have handled in the past include:

$7,830,000.00 Settlement

Our client was partially run over by an asphalt truck

$2,250,000.00 Settlement

Our client was paralyzed after being cut off by a truck

Truck Drivers Must Abide By Federal Trucking Regulations

All commercial truck drivers are required to observe the following federal trucking regulations, and more:

  • Truck drivers may not drive with a blood alcohol content of 0.04%
  • Commercial drivers may not drink alcohol up to four hours prior to driving
  • Truck drivers must be older than 21 and demonstrate an ability to drive safely
  • Truck drivers must inspect their vehicles' loads at regular intervals
  • Truck drivers must exercise extreme caution or stop driving in dangerous weather
  • Truck drivers must take regular rest breaks at scheduled times
  • Trust drivers may not log more than a certain number of hours
  • Truck companies must schedule reasonable unloading times

Weighing as much as 80,000 pounds when fully loaded, trucks can quickly become massive safety hazards with even the slightest error. At The McClellan Law Firm, we understand what it takes to secure the maximum compensation possible, and will work with you to navigate every step of the legal process.

Brake Failure

Truck drivers and trucking companies need to make sure that their vehicles are in proper working order. Failure to do so could lead to serious mechanical failure. Trucks already require a considerable amount of road to come to a complete stop in the best of situations, and when their brakes fail to work as effectively as intended or fail completely, a catastrophic accident can result.

Commercial Vehicle Accidents

Laws covering different types of vehicles can vary dramatically, and it’s important to make sure that you have an experienced attorney by your side to help you navigate the legal system. No matter your situation, our attorneys at The McClellan Law Firm are ready to provide you with knowledgeable legal representation. We have experience handling cases involving limousines, delivery vans, food service vans, and more.

Jackknife Accidents

Jackknife accidents can be caused by any number of factors, including equipment failure, a negligent driver, poor weather conditions, road surface conditions, and more. One of the most dangerous aspects of these types of crashes is the risk of causing secondary collisions if the truck’s trailer skids into other lanes of traffic.

If you were seriously injured in a jackknife accident, you may be able to file a lawsuit to secure compensation for the damages you incurred.

Truck Driver Cellphone Use

Using a cellphone while behind the wheel is dangerous no matter what vehicle the negligent driver is operating, but the danger increases exponentially when they’re used behind the wheel of a massive truck.

The Federal Motor Carrier Safety Administration (FMCSA) looked into the use of cellphones by truck drivers, and found that the risk of a driver being involved in a “safety-critical event” – a crash, near-crash, or unintentional lane deviation – increased by 600 percent when the driver was distracted by a cell phone.

Truck Driver Negligence

Many truck crashes involve negligent actions taken by one or more parties. At The McClellan Law Firm, we will investigate the circumstances leading up to the crash you were involved in to identify who was at fault. Some of the most common negligent actions include failing to properly maintain the vehicle, ignoring the rules of the road, falsifying driver’s logs, and more.

Truck Regulation Violations

Trucks, truck drivers, and trucking companies are strictly regulated in order to ensure safety. However, these regulations are not always followed, and when violations occur a serious crash can result. Some of the most common infractions include hours of service violations, driving without a license or insurance, driving under the influence, and more.

Truck Tire Blowouts

Truck tires, just like any other part of the vehicle, need to be regularly inspected to ensure that they remain in proper working order. While they are designed to last for years, it only takes one failure to cause a serious accident. Some common issues that need to be checked for in order to prevent this from occurring include overinflation, underinflation, and wear and tear. Overloaded vehicles and poor road conditions can also cause a tire to burst.

Underride Accidents

Underride accidents are so dangerous that specialized safety equipment is fitted to trucks in order to prevent vehicles from sliding underneath trailers. However, a recent study found that these underride guards are often not strong enough to prevent an underride accident from occurring, even at low speeds.

The study, conducted by the Insurance Institute for Highway Safety, tested crashes at 35 mph and found that the connection between the truck and the rear guard failed, allowing vehicles to be crushed underneath.

How to Establish Fault After a Truck Accident

In the aftermath of an accident, things can get complicated. Accident scenes change quickly, vital evidence can disappear, and witnesses’ memories become fuzzy. For this reason, it is critical that you reach out to an experienced truck accident lawyer as soon as you have been injured. The McClellan Law Firm can move quickly to preserve evidence, speak to witnesses, and deal with the insurance adjusters on your behalf.

After a truck accident, our firm can:

  • Interview witnesses about their recollection of the accident
  • Obtain the driver’s logs and trucking company records
  • Keep the truck from being repaired so that it can be inspected
  • Preserve the truck’s electronic on-board recorder data
  • Obtain a copy of the truck driver’s driving history
  • Inspect all maintenance and inspection records for the truck
  • Examine and document the scene of your truck accident

Study Concerning Truck Drivers & Alcohol / Drugs

Researchers at the State University of Londrina reviewed 36 studies conducted in countries all over the world concerning the use of alcohol and illicit drugs by truck drivers. The results have important implications for safety experts looking to curb the number of truck accidents that occur every year.

While the studies varied widely in their approach to tackling the issue, the fact that alcohol and substance abuse is a problem that affects trucking safety was clear. One expert responded to the review by saying, "The results of this review are a cause for concern, not only for truck drivers using psychoactive substances, but also for the general public."

The following all showed an increased predilection for using alcohol or drugs while driving:

  • Younger drivers
  • Drivers who work overnight
  • Drivers who drive longer distances
  • Drivers who are less well-paid

The leader of the review called for closer observation of gas stations, truck stops, and trucking companies regarding the sale and use of alcohol and illicit drugs. The studies identified several commonly identified substances, either by biological sample or surveys conducted among truck drivers, as being used. Alcohol, speed, marijuana, and cocaine were all listed as substances most frequently abused by truck drivers.

Don't Wait to Schedule Your Free Initial Consultation

Many truck accidents involve violations of one or more of these regulations. If you or someone in your family was hurt in an accident involving a commercial truck, do not hesitate to retain legal representation as soon as possible from a San Diego personal injury attorney who can help you protect your rights and interests.

Call our San Diego law firm today to schedule your free case evaluation.

  • Endorced by the Inner Circle of Advocates

    Craig McClellan is a member of the Inner Circle of Advocates, an invitation-only group of the top 100 plaintiff trial lawyers in the United States.

  • Craig McClellan was voted Lawyer of the Year for Product Liability Litigation by Best Lawyers for 2019.

  • Best Lawyers in America 2020

    Craig McClellan has been selected to the list of The Best Lawyers in America every year since 1993.

  • 2020 Best Law Firms

    Our firm has been consistently selected to the list of Best Law Firms by U.S. News and Best Lawyers as a Tier 1 law firm.

  • Craig McClellan earned one of the top 10 medical malpractice settlements in California, securing a $9,000,000 settlement for a client.

  • Top 10 Settlements

    Craig McClellan & Conor Hulburt earned one of the top 10 premises liability settlements in California, securing a $3,175,850 settlement for a client.

  • Craig McClellan selected to Super Lawyers list, Top 10 San Diego Attorneys

    Craig McClellan has been selected to the list of Super Lawyers every year since 2007, and earned the most votes of ANY lawyer for 2019 in San Diego.

  • 2019 AV Preeminent Peer Rated

    Attorney McClellan earned a Distinguished rating from Martindale-Hubbell for his achievements.

  • America's Top 100 Personal Injury Attorneys

    Craig McClellan is listed as one of America’s Top 100 High Stakes Litigators in Business Litigation, Personal Injury, and Product Liability.

  • Craig McClellan is rated 10.0 on Avvo - Top rated Personal Injury Lawyer

    Attorney McClellan has a 10/10 “Superb” rating, the highest rating an attorney can receive from Avvo.

  • BBB Accredited Business

    The firm has an A+ rating from the Better Business Bureau, the highest possible rating offered by the organization.

  • Best Lawyers "Best Law Firms" - Commercial Litigation Tier 1, 2016

    The firm earned a Tier 1 ranking in Commercial Litigation in the 2019 list of the Best Law Firms.

  • Best Lawers "Best Law Firms" - Personal Injury Litigation Plaintifs Tier 1, 2016

    The firm earned a Tier 1 ranking in Personal Injury in the 2019 list of the Best Law Firms.

  • Best Lawyers "Best Law Firms" - Product Liability Tier 1, 2016

    The firm earned a Tier 1 ranking in Product Liability in the 2019 list of the Best Law Firms.

  • Consumer Attorneys of San Diego

    Attorney McClellan is a member of the Consumer Attorneys of San Diego, and previously served on its Board of Directors.

  • Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

    Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

  • Attorney Craig McClellan named “Best Lawyers” by San Diego Metro.

    Attorney Craig McClellan was named one of the “Best Lawyers” by San Diego Metro.

  • Attorney Craig McClellan named Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

    Attorney Craig McClellan was named one of the Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

Trusted Recommendations

See More Reviews
  • We wouldn’t be here, in this moment of life without the kindness and professionalism of you all and how you went to bat for us! Eternally grateful! A.K.

  • Immediately after our interview we knew without question that no matter how steep the mountain, win or lose, we had found the right person—Craig McClellan, Esq.—[…] We felt a profound sense of ... G.P.

  • We will NEVER forget what you did for us Craig. We are FOREVER GRATEFUL. K.V.

  • I just wanted to thank you for your efforts on [Pam’s] behalf, your skills, and your heart. You are not just a lawyer in what you do, you are a master of your profession. And I hope you are passing ... Juror

  • I thank you for your kindness and generosity in giving selflessly without reserve. Additionally, please extend my thanks to your staff for their diligent work and encouragement throughout the trial. A.D.

  • We do not quite know how to verbalize or show how grateful we are to have had the distinct honor to have you represent us at truly the most critical time in our lives. S.C.

  • Having had the high privilege of presiding over a number of cases involving national counsel, I want you to know you’re one of the very best [...]. You and those with you were outstanding ambassadors ...

  • It was a real honor to preside over a case with you as counsel. In my mind you represent all that is good in our profession. Judge J.

  • Your appearance on the nation-wide broadcast of ‘60 Minutes’ was a public service in which all San Diego has reason to take great pride. To integrity—you have added public service and again elevated ... Juror

  • We could not be happier with the McCllelan Law Firm team! My husband and I were referred to Craig McCllelan by one of his peers. We had a very sensitive medical malpractice case that we were hesitant ... S.P.

Get Help Today All Consultations Are Free of Charge
  • Please enter your first name
  • Please enter your last name
  • This isn't a valid phone number
    Please enter your phone number
    You entered an invalid number
  • This isn't a valid email address
    Please enter your email address
  • Please select an option.
  • Please tell us about your case.