Truck Or Cargo Hijacking???

So, according to Google and a 74% of all cargo and Highjacking happen in Californa.

So, today in driving class, this topic came up, and no one seems to know the answer, so I will ask it here.

Legally, what can a truck driver do if someone is attempting to hijack his cargo or truck?

I called the California Highway Patrol, but they were unhelpful and ultimately did not have an answer. I also called the three California law firms, which also did not have a clear answer as to what a truck driver may or must do or are allowed to do to protect themselves, their truck, and/or the cargo they are hauling. The one clear answer I did receive, was then legally any property being hauled by the truck driver is lawfully considered the truck drivers property, thus they would have a responsibility to protect that property.

Now, if> the United States Constitution still had merit or power behind it, I would say that an individual would have the constitutional legal authority to protect themselves or their property from imminent danger to one's life, or property. Yet, in this nation of greed, the Constitution has little merit unless you are rich. Especially in California, where there is a 95% conviction rate before you see a judge or lawyer and a 99.9999% conviction rate after you meet with the public defender or lawyer or into the courtroom.

So I ask again: If someone attempts to hijack a semi-truck while it is going down the road, stopped, etc., what is the truck driver allowed to do to protect themselves?

How to protect yourself should your truck + cargo be hijacked: get out of the truck and run.

Ask anyone at your company who thinks they're important, they will tell you your life & health is more valuable than any cargo. Your job description is to hold the steering wheel and deliver said cargo, not to protect it, beyond setting a padlock on the trailer doors and to act like a prudent person.

I will make this very short and concise. Every person has a right to defend their person and property. Included in that defense is the right to use whatever amount of force that is reasonable and necessary.

Nobody can script that out. Every incident will be judged on its own merits/facts. Every situation will be different.

That is why you were unable to get anyone to give you a specific answer.

Your remarks regarding the criminal justice system is probably close, but not for the reason most regilar folks would think of. Reality is DA’s are elected in CA. They always have and will use caution when filing a complaint. They review the facts and then assess the probability of winning in court. If they think a win is not possible or a long shot, they deny the complaint. In other words they only file those cases they strongly believe they will win.

Defense attorneys use the same rational in determing if a client should take advantage of a plea bargain. It is there job to get their client the best deal possible.

I would say it depends on which state your in, as to whether the vehicle is considered extension of home and thus falls under carrying and defense as in the home.

It's really up to the individual to find the state laws. For instance, CO is very clear on the requirements for applicable self defense in the vehicle. Property doesn't qualify on its own, but personal injury/death and or the reasonable belief that there is intent to cause bodily harm or death does. This is extended under the make my day law to the vehicle as it's viewed as an extension of the home. Several other states have similar laws such as the home and castle law.

Interesting to note that CO doesn't make a distinction on force. It caused a big uproar in the courts. IIRC, the wording is any force can be used up to and including lethal force. In other words, I can't shoot you for stealing the freight, but I can if intend to hurt me in any way shape or form while stealing the freight.

I'm not making an legal claims nor advice. I'm not an attorney nor do I claim to be.

So, according to Google and a 74% of all cargo and Highjacking happen in Californa.

So, today in driving class, this topic came up, and no one seems to know the answer, so I will ask it here.

Legally, what can a truck driver do if someone is attempting to hijack his cargo or truck?

I called the California Highway Patrol, but they were unhelpful and ultimately did not have an answer. I also called the three California law firms, which also did not have a clear answer as to what a truck driver may or must do or are allowed to do to protect themselves, their truck, and/or the cargo they are hauling. The one clear answer I did receive, was then legally any property being hauled by the truck driver is lawfully considered the truck drivers property, thus they would have a responsibility to protect that property.

Now, if> the United States Constitution still had merit or power behind it, I would say that an individual would have the constitutional legal authority to protect themselves or their property from imminent danger to one's life, or property. Yet, in this nation of greed, the Constitution has little merit unless you are rich. Especially in California, where there is a 95% conviction rate before you see a judge or lawyer and a 99.9999% conviction rate after you meet with the public defender or lawyer or into the courtroom.

So I ask again: If someone attempts to hijack a semi-truck while it is going down the road, stopped, etc., what is the truck driver allowed to do to protect themselves?

Is your life worth risking over a load of TVs? Beer? Auto parts? If not, what cargo would be?

Calvin asks

Is your life worth risking over a load of TVs? Beer? Auto parts? If not, what cargo would be?

My sentiments exactly. No company will write you up for abandoning a load because of a hijacking.

get out of the truck and run

It's the principle of it. It's things are handled correctly, it won't be your life that's at stake.

So, according to Google and a 74% of all cargo and Highjacking happen in Californa.

So, today in driving class, this topic came up, and no one seems to know the answer, so I will ask it here.

Legally, what can a truck driver do if someone is attempting to hijack his cargo or truck?

I called the California Highway Patrol, but they were unhelpful and ultimately did not have an answer. I also called the three California law firms, which also did not have a clear answer as to what a truck driver may or must do or are allowed to do to protect themselves, their truck, and/or the cargo they are hauling. The one clear answer I did receive, was then legally any property being hauled by the truck driver is lawfully considered the truck drivers property, thus they would have a responsibility to protect that property.

Now, if> the United States Constitution still had merit or power behind it, I would say that an individual would have the constitutional legal authority to protect themselves or their property from imminent danger to one's life, or property. Yet, in this nation of greed, the Constitution has little merit unless you are rich. Especially in California, where there is a 95% conviction rate before you see a judge or lawyer and a 99.9999% conviction rate after you meet with the public defender or lawyer or into the courtroom.

So I ask again: If someone attempts to hijack a semi-truck while it is going down the road, stopped, etc., what is the truck driver allowed to do to protect themselves?

Is your life worth risking over a load of TVs? Beer? Auto parts? If not, what cargo would be?

I think anyone can smell the danger if it the danger is high no one should risk the life as everyone has a family that will suffer if anything happens. If you have life you can bear any loss.

Let them have it, and call 911 ASAP.

Trying to go cowboy on a thief, bounding out of the cab with your tire thumper to serve some street justice, looks great in the movies.

But in real life, even if you win the fight, and good beating is probably just what the perp needs, it may land you in a costly court case for years, as the thief or his surviving family sues you silly for injuring him.

Agreed. I can find a new job. Can't find a new life this side of heaven.

How to protect yourself should your truck + cargo be hijacked: get out of the truck and run.

Ask anyone at your company who thinks they're important, they will tell you your life & health is more valuable than any cargo. Your job description is to hold the steering wheel and deliver said cargo, not to protect it, beyond setting a padlock on the trailer doors and to act like a prudent person.