In California, commercial drivers are subject to specific speed limits for trucks and large vehicles under California Vehicle Code Section 22406. This law sets a maximum speed limit of 55 miles per hour for trucks and other large vehicles, regardless of posted speed limits. California’s truck speeding laws, especially California Vehicle Code 22406, aim to improve safety by restricting the speed of large vehicles like commercial trucks and buses. The main goal is to lower the chances and severity of accidents with these heavier vehicles, which can be more dangerous at higher speeds because they take longer to stop and can cause more damage in crashes.

If a speeding truck driver has injured you or your loved one, you should speak to a personal injury attorney to help you ensure that the right people are held responsible for your damages. Keep reading to learn more about Vehicle Code 22406 in California.

Understanding Vehicle Code § 2246

California Vehicle Code Section 22406 outlines the speed limits for vehicles classified as “trucks.” It states that no one can drive the following vehicles on a highway at speeds over 55 miles per hour:

  • Any motor truck or truck tractor with three or more axles, or any motor truck or truck tractor pulling another vehicle
  • A school bus carrying students
  • A passenger vehicle or bus that is towing another vehicle
  • A vehicle carrying explosives
  • A farm labor vehicle with passengers
  • A trailer bus, as described in VC Section 636

Under Vehicle Code 22406, “truck” generally refers to any vehicle that exceeds a specific weight limit and is meant for carrying cargo. It usually includes delivery vehicles, big commercial trucks, and larger passenger vehicles.

Why Does This Law Exis?

Vehicle Code 22404 and other speed limit laws aim to keep everyone safe. The reasoning is simple: the faster a vehicle goes, the worse the accident can be.

A big rig is usually much bigger and heavier than a regular car, which explains why accidents involving them can be more serious. There are also other factors you should know about:

Trucks Have a Longer Stopping Distance

Trucks take longer to stop because of their size and the heavy loads they often carry. In bad weather or rough road conditions, it becomes even tougher for them to avoid accidents.

Hazardous Cargo

Many big rigs in California transport dangerous or toxic materials, like chemicals or gasoline. That makes accidents even riskier, as you could face not just regular injuries but also chemical burns or toxic exposure.

Driver Fatigue

Big rig drivers in California and many other states often have tight delivery schedules. This pressure, combined with heavy workloads, leads drivers to push through long trips, which can cause fatigue. Fatigue can result in drowsy driving, slower reaction times, or even substance abuse to cope with the demands.

Consequences for Truck Drivers Exceeding California’s Speed Limt

Truck drivers who speed over California’s 55 mph limit can face criminal charges. Drivers with a commercial driver’s license must also follow this speed limit, or they risk facing penalties for going significantly over it.

According to CVC 22406.1:

  1. If someone drives a commercial vehicle over the posted speed limit by 15 mph or more, they will be charged with a misdemeanor
  2. If someone with a commercial driver’s license drives a noncommercial vehicle over the posted speed limit by 15 mph or more, they will be accused of committing an infraction
  3. A truck driver who speeds but stays under 70 miles per hour can also face fines and court costs. These minor violations can also add points to the truck driver’s license.

If a truck driver gets convicted of a misdemeanor, the fines go up and can exceed $1,000, plus court fees. Commercial drivers caught speeding over 15 mph will face extra penalties, such as:

  • Possible jail time
  • Risk of losing their commercial vehicle privileges
  • More points on their license
  • Potential job loss due to license issues

There’s also the scary chance of causing an accident. Trucks carrying heavy loads can be hard to slow down when they pick up speed, and drivers might lose control and crash into smaller vehicles with great force.

Victims of these accidents can end up with serious injuries and hefty hospital bills. When a truck driver is at fault, the driver’s commercial truck accident insurance and their employer should take responsibility.

Sadly, big trucking companies often have legal teams to help them avoid consequences. Victims may need strong legal support to ensure that drivers and employers provide full financial compensation.

Personal Injury Lawsuits Against Speeding Truck Drives

A truck driver who speeds over 55 miles per hour on a California freeway and causes a road accident will likely be considered negligent in a personal injury lawsuit. In a truck accident, a negligent driver is the party responsible for the auto accident and might have to cover any damages that ensued.

Proving that someone is negligent in personal injury cases can be tricky. In California, a truck driver is seen as “negligent per se” when they break a law.

Negligence “per se” means that if someone breaks a law or rule, it’s assumed they are negligent. For example, a truck driver is negligent per se if they drive over 55 miles per hour because they’re violating VC 22406.

However, even if a truck driver is negligent per se, they might still recover damages due to the comparative fault law in California.

What You Need to Prov

To get fair compensation in a car accident injury case, you need to show a few key points:

  1. The other driver had a responsibility to drive safely
  2. That failure (speeding) caused the accident
  3. The other driver failed to meet that responsibility (like when they were speeding)
  4. You got hurt and faced other damages because of it

Personal injury cases can be tricky, and proving your claim can be tough. Luckily, your lawyer can assist you in building a strong case. Based on the facts and evidence available, they might help you get compensation for accidents caused by speeding in California.

What to Do If You or a Loved One Was Hurt By a Speeding Truck Driver in California

If a speeding truck driver in California has hurt you or a loved one, here’s what you should do:

  • Call the police to report the accident
  • Seek medical help right away and stick to your treatment plan, including follow-up appointments
  • Get contact information from any witnesses
  • Share your insurance details with the other driver
  • Collect important evidence like photos or videos of the crash scene, any injuries, and property damage
  • Keep all records of your medical expenses and related losses

Injuries You Might Sustain After a Truck Accidet

Trucks can cause serious damage compared to smaller cars and lead to significant pain and suffering for victims. Victims can face many injuries, such as:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Neck injuries, like whiplash
  • Burn injuries
  • Back injuries
  • Concussions
  • Broken bones
  • Wrongful death
  • Lacerations

The costs for caring for yourself or a loved one after these incidents can be high. Not only might a commercial truck accident victim spend a long time in the hospital, but they may also need ongoing support long after they leave.

Who Can Be Responsible for a Commercial Driver Accident?

Most commercial truck accident lawsuits focus on company responsibility. Trucking companies are accountable for their actions and drivers because they need to take steps to avoid accidents.

They do this by regularly checking their vehicles, hiring and training the right people, and following federal safety rules. If a trucking company fails to do this and causes an accident that could have been avoided, it can be held responsible for any damages.

A trucking company can also be held responsible for the mistakes of its employees, including independent contractor drivers. If an employee acts carelessly while doing their job, the company can be held accountable.

So, if a truck driver, cargo loader, or another employee caused your accident, the company is responsible if that person worked for them. The trucking company usually has better insurance coverage than an individual driver, so holding the company accountable for your injuries is better.

There are also commercial truck accident claims involving third parties. These are people or companies that didn’t directly cause the crash but still contributed to your injuries. For instance, if a truck manufacturer made a faulty part that caused a tire to blow out, they could be liable. Your personal injury attorney can help you determine who is at fault and who should be responsible for your accident.

In California, if you’re an accident victim, you usually have two years from the date of the truck accident or when you discover your injury to file a claim in civil court.

Why You Need a Truck Accident Lawyer

Truck accidents are complicated, and there are many reasons to hire a truck accident lawyer. You might face serious injuries, missed work, multiple people at fault, denied claims, tricky insurance tactics, and complex evidence to sift through. Below are reasons why you need a truck accident attorney:

You Got Hurt

Truck accidents can lead to serious injuries because of the truck’s size and the driver's speed. These injuries can rack up huge medical bills that one insurance policy might not cover. Your lawyer will look for all the parties responsible for the accident.

You Missed Work

If your injuries kept you from working, you can recover those lost wages in your insurance claim. You shouldn’t have to cover these common income losses:

  • Your salary or wages
  • Benefits like healthcare or retirement
  • Tips or commissions
  • Lost bonuses and promotions
  • Sick leave and vacation time
  • Reduced earning potential in the future

Your truck accident lawyer will check how you lost income and calculate the damages before contacting the insurance companies. You can show your income loss with pay stubs, statements from your employer, bank statements, profit and loss records, and tax returns.

Multiple People at Fault

Truck drivers and their companies have extra licenses and rules to keep them accountable for safety. When truck accidents happen, it can get tricky figuring out who’s responsible because multiple parties might be involved. These can include:

  • Truck drivers
  • Trucking companies
  • Cargo loaders
  • Cargo loading companies
  • Government agencies
  • Truck safety inspectors

When several insurance companies are involved, figuring out who is at fault can be tough. They often try to pass the blame around to avoid paying out. This back-and-forth can be hard for truck accident victims who don’t have representation.

It takes a lot of investigation and accident reconstruction to determine who’s at fault and how much liability each party has. Your lawyer will use these tools to help you get the best financial settlement by holding everyone responsible.

Bad-Faith Insurance Tactics

Insurance companies often use sneaky tactics to cut their losses. Having a truck accident lawyer helps you avoid this. Some common tricks insurers pull on victims without representation include:

  • Not investigating claims
  • Delaying payments
  • Misleading or twisting policy details
  • Undervaluing or underpaying claims
  • Wrongly denying claims
  • Ignoring reasonable requests for paperwork

Sometimes, they even threaten victims to push them into accepting low offers before they’ve fully healed. These bad-faith tactics are considered fraud. If you fall victim to these tactics, you can sue your insurance company for damages. It’s a good idea to talk to a lawyer to determine how to get compensated.

Complex Evidence and Case Investigation

You need a truck lawyer because truck accidents come with complicated evidence. Besides the usual stuff like police reports and witness statements, truck accidents involve evidence such as:

  • Electronic logging devices and event data recorders
  • The truck driver’s cell phone records during the accident
  • Black box data
  • The truck’s inspection and maintenance records
  • The driver’s GPS data at the time of the crash
  • Video from dash cams, traffic cameras, and business cameras
  • The driver’s logbook

Collecting and analyzing all this data is crucial, and that’s another reason to hire a truck accident lawyer. They can team up with experts, like accident reconstruction specialists, to help prove who’s liable and how much you deserve in damages.

Negotiate with All Insurance Companies

After your lawyer values your claim, they will send a demand letter to all the insurance companies at fault. That is usually when the negotiations kick off. You’ll go back and forth with the insurance companies until your lawyer and they agree on a settlement.

You’ll stay updated on all settlement offers and get advice on what to do next. You’ll make the final call on whether to accept a settlement.

Why You Should Get a Truck Lawyer for Your Financial Settlement

Having a skilled truck lawyer handle your accident claim is the best way to ensure you get a fair settlement. If you don’t have representation, truck accident victims often face delays or denials from insurance companies since they know they can take advantage of you.

A lawyer will push the responsible parties to pay or will file a lawsuit for you. They will also give you a complete breakdown of your damages and negotiate for the highest settlements possible.

Get a Complete Valuation of Your Truck Accident Claim

Truck accident lawyers offer an important service by completely valuing your claim. Besides lost income, your attorney will look at various types of damages to help you get the most compensation, including:

  • Medical Expenses—Costs for emergency services, ambulance rides, surgeries, hospital stays, mental health care, tests, regular check-ups, home health services, and future medical needs
  • Rehabilitation Costs—Expenses for physical therapy, massage, chiropractic care, orthopedic treatment, job training, and speech therapy
  • Property Damages—Costs for fixing or replacing your vehicle, rental cars, and personal items damaged in the accident, like phones, clothes, electronics, and car seats
  • Household Services—Costs for hiring help with chores you can’t do because of your injuries, like cleaning, childcare, cooking, meal delivery, and grocery or prescription deliveries.
  • Pain and Suffering—Non-tangible losses like sleep issues, chronic pain, emotional distress, PTSD, loss of enjoyment in life, physical limitations, substance abuse issues, reduced life expectancy, and loss of companionship.

If family members are suing for wrongful death after losing a loved one, they can also claim extra damages. These wrongful death damages may cover final funeral costs, medical bills, loss of companionship, loss of inheritance, loss of guidance, and loss of financial support.

Find a Personal Injury Law Firm Near e

If a speeding truck driver caused your accident, you have the legal right to seek compensation for your injuries and damages. By gathering evidence, understanding trucking regulations, and working with an experienced lawyer, you can build a strong case to hold the responsible parties accountable.

If you or a loved one has been injured in a crash caused by a speeding driver, our lawyers at the Truck Accident Injury Attorney Law Firm can assist you in understanding your rights and options. We can help you even in cases of wrongful death. Call us today at 888-511-3139 to set up a free consultation with one of our experienced attorneys.