State Law Firm are personal injury lawyers serving all of California in truck accident injury cases. Contact State Law Firm today to schedule a free consultation with one of our experienced accident attorneys. You pay nothing unless you win. We will thoroughly evaluate your case and provide clear insights into your legal options. Give us a call at (818) 477-0773 today.
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Understanding Truck Accidents in California
The Prevalence of Truck Accidents
In the bustling state of California, the roads teem with trucks transporting goods across vast distances. While these mammoth trucks are essential for our economy, they can also pose a significant risk to other motorists. Enter the California truck accident injury lawyer – a legal professional representing truck accident victims. These skilled attorneys deeply understand the complexities of truck accident cases. They have the knowledge and resources to navigate the legal system effectively.
Truck accidents are common on California’s busy roadways due to the state’s extensive trucking industry and busy highways. These accidents often result in severe injuries and fatalities, making it crucial for victims to know their legal rights and options. According to the National Safety Council’s data for 2021, California ranked among the top three states with the highest fatalities resulting from large truck crashes, with 437.
Common Causes of Truck Accidents
Truck accidents can occur due to various factors, such as :
- Driver error: Truck drivers under pressure to meet deadlines may make careless mistakes, like driving for extended periods without breaks or not paying attention to the road.
- Mechanical failure: Problems with brakes or tires can also lead to truck accidents.
- Weather conditions: Inclement weather can create challenging driving conditions and contribute to truck accidents.
- Driver fatigue: Long working hours can lead to driver fatigue, resulting in mistakes like falling asleep at the wheel or slow reaction times.
- Distracted driving: Truck drivers can get distracted by cell phones, GPS devices, and other electronic devices, making distracted driving a common cause of accidents.
- Improper Loading: Improper cargo loading can severely affect truck safety. It can shift the center of gravity, making the truck prone to tipping during turns. Additionally, uneven weight distribution affects steering, making it harder for the driver to avoid collisions. Cargo spillage creates hazards for other drivers, while overloading can cause structural damage and increase the risk of tire blowouts or brake failures.
According to the California Highway Patrol’s 2019 Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions, there were 83 Fatal truck crashes where the truck driver was at fault. Injury truck crashes where the truck driver was at fault was 3,038 in 2019.
What to Do After a Truck Collision
In the aftermath of a truck accident, it’s essential to follow these steps:
- Seek Immediate Medical Attention: Prioritize seeking medical care for yourself and any passengers in your vehicle to ensure proper treatment for injuries sustained.
- Contact the Police: If authorities are not already present, call the police to report the accident. When questioned about the incident, provide only basic information, including your contact details.
- Exercise Caution in Communication: Avoid making statements that could be misconstrued as admitting fault. Refrain from apologizing to others involved in the accident.
- Document the Scene: If physically capable, take photographs of the accident scene and collect contact information from any witnesses present.
- Consult with an Attorney: It’s advisable to promptly seek counsel from an accident attorney. Our legal team will thoroughly assess your case and discuss available options.
Legal Regulations for Commercial Trucks
California has specific laws and regulations governing commercial trucks’ operation to ensure road safety. A knowledgeable truck accident lawyer can navigate through these complex regulations to build a strong case on your behalf.
The Role of a California Truck Accident Lawyer
What Does a Truck Accident Lawyer Do?
Truck accidents can result in devastating injuries and even loss of life. In such tragic circumstances, having a trusted advocate by your side is imperative, fighting for your rights and ensuring justice.
A skilled truck accident lawyer specializes in handling cases involving commercial truck collisions. They investigate the accident, assess the damages, and negotiate with insurance companies to seek fair compensation for their clients.
Here’s how we assist you:
Investigation: At State Law Firm, we investigate the accident scene to gain a comprehensive understanding of the accident.
Witness Interviews: Next, we interview witnesses to the accident, thoroughly investigating the scene to reconstruct it accurately.
Medical Evaluation and Consultation: Afterwards, we arrange for you to meet our experienced medical professionals, providing you with a comprehensive understanding of the extent of your injuries.
Settlement Process and Representation: Subsequently, we initiate the settlement process with the negligent party’s insurance company. It’s important to note that trucking companies often employ teams of lawyers aiming to minimize compensation. Having us by your side levels the playing field.
Trial Preparation: If the insurance company does not agree to a fair settlement, we are fully prepared to take your case to trial and fight for the compensation you deserve.
Why You Need a Specialized Lawyer
Due to multiple parties involved, truck accident cases can be more complex than regular car accident cases. Hiring a lawyer with expertise in this field can significantly increase your chances of a successful claim.
How to Choose the Right Attorney
When selecting a truck accident lawyer, consider their experience, track record, and dedication to serving clients. Look for someone who communicates effectively and has a proven history of achieving favorable outcomes.
Investigating the Truck Accident Case
Gathering Evidence and Information
A crucial aspect of a successful truck accident case is gathering evidence promptly. On the police report, there will likely be no mention from the truck driver that they were over their log hours or that a pre-trip inspection was not performed. In California, commercial truck drivers must complete a pre-trip inspection report before starting a trip. This pre-trip inspection is a mandatory safety measure aimed at ensuring that the truck is in proper working condition and safe to operate on the road. During the pre-trip inspection, the driver checks various components of the truck, including brakes, tires, lights, steering, mirrors, and other essential systems, to identify any potential issues or defects.
If the driver discovers problems during the pre-trip inspection, they must address them before beginning their journey. Failing to perform a pre-trip inspection or neglecting to address identified problems can lead to serious consequences, including fines, penalties, and potential liability in the event of an accident caused by mechanical issues that could have been detected during the inspection.
We will also obtain the following evidence and information:
- The truck’s black box data.
- Driver’s logbooks
- Eyewitness testimonies
- Accident reconstruction reports
- Working with Expert Witnesses
Expert witnesses, such as accident reconstructionists and medical professionals, play a vital role in establishing the cause of the accident and the extent of your injuries. At State Law Firm, we know how to collaborate with these experts effectively.
Dealing with Insurance Companies
Insurance companies may try to minimize your claim or deny liability altogether. Your lawyer will handle all communications and negotiations with the insurance companies, ensuring your rights are protected.
Determining Liability in Truck Accident Cases
Identifying Responsible Parties
Truck accidents can involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and maintenance contractors. Your lawyer will determine who is liable for your injuries and damages.
- The Contractor / Driver: Truck drivers must adhere to strict regulations set by federal and state authorities. They can be held accountable if they violate these rules and the violation contributes to an accident. If the truck driver was found to be driving under the influence of alcohol, exceeding speed limits, impaired by drugs, or engaging in reckless driving behaviors, they could be liable for the resulting damages.
- Trucking companies: The company is responsible for ensuring their drivers undergo proper training and that their vehicles are well-maintained. Moreover, they could be held accountable for negligent hiring practices if they employed a driver with a history of aggressive or careless driving.
- Manufacturers: In cases where a truck accident is determined to have been caused by a manufacturing defect in the truck’s components or systems, victims may be able to pursue legal action against the truck manufacturer to seek compensation for their injuries and damages. A truck accident lawyer will conduct a thorough investigation to establish the cause of the accident and determine if the manufacturer’s actions or oversights played a role in the incident.
- Truck Maintenance Company: The company entrusted with maintaining the truck may be held accountable for its negligence. This includes failing to adequately inspect critical components such as brakes, tires, and other essential truck areas.
- Truck Loading Company: In an accident caused by an improperly secured load, the loading company may be deemed responsible. Ensuring the load is secured correctly is their obligation, and any negligence in this regard may lead to liability.
Comparative Negligence in California
California follows a comparative negligence rule, which means your compensation may be reduced if you were partly at fault for the accident. An experienced lawyer can help counter any attempts to shift blame onto you unfairly.
Proving Negligence in Court
To succeed in a truck accident case, your lawyer must demonstrate the other party’s negligence or recklessness that directly contributed to the accident. This can be achieved through compelling evidence and persuasive arguments.
Seeking Compensation for Damages
Types of Damages in Truck Accident Claims
Truck accident victims may be entitled to various types of damages, including medical expenses, lost wages, pain and suffering, property damage, and emotional distress.
- Medical Expenses: Compensation for current and future medical treatment, hospitalization, surgeries, rehabilitation, medications, and other healthcare costs related to the accident.
- Lost Wages: Reimbursement for the income lost due to the accident, including missed workdays, reduced earning capacity, and potential future income losses.
- Property Damage: Compensation for repairing or replacing damaged property, such as the victim’s vehicle.
- Funeral and Burial Expenses: In the unfortunate event of a wrongful death in a truck accident, surviving family members may be entitled to compensation for funeral and burial costs.
These damages below are subjective and not easily quantifiable, as they involve emotional and psychological losses. They may include:
- Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish experienced due to the accident and resulting injuries.
- Emotional Distress: Damages for the psychological impact of the accident, such as anxiety, depression, fear, and post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: Compensation for the reduction in the victim’s quality of life and the inability to participate in activities they once enjoyed due to the accident’s consequences.
- Loss of Consortium: In cases of severe injuries, this type of damages may be awarded to compensate for the loss of companionship, love, and support that the injured person’s spouse or family members experience.
Calculating Economic and Non-Economic Damages
Your lawyer will assess the total economic and non-economic damages you have incurred to demand fair compensation that adequately covers your losses.
Pursuing Punitive Damages
In some cases, punitive damages may also be awarded if the defendant’s actions were reckless, intentional, or grossly negligent. Punitive damages aim to punish the responsible party and deter similar behavior in the future.
The amount of punitive damages that can be awarded in California is not capped by a specific monetary limit. However, legal standards and guidelines are in place to determine the appropriateness of punitive damages. California Civil Code section 3294 outlines the conditions under which punitive damages may be awarded.
The Legal Process for Truck Accident Claims
Filing a Lawsuit or an Insurance Claim
Your lawyer will advise you on whether it’s best to file a lawsuit or first attempt to reach a settlement with the insurance company. Each option has its advantages and considerations.
Discovery and Negotiation
During the legal process, both sides will exchange information through discovery, and negotiations may occur to reach a resolution. Your lawyer will advocate for your interests throughout this stage.
Going to Trial if Necessary
If a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial and fight for your rights.
How Long Does a Truck Accident Lawsuit Take?
Factors Affecting the Timeline
The duration of a truck accident lawsuit can vary depending on factors such as the complexity of the case, the willingness to settle, and court schedules.
Settling vs. Going to Trial
While settlements can expedite the process, they might only sometimes offer the desired compensation. Your lawyer will guide you in making informed decisions about the best action.
Importance of Patience and Persistence
Resolving a truck accident case can take time and patience. Your lawyer will remain persistent in seeking the best outcome on your behalf.
Why choose State Law Firm as your Truck Accident Lawyer?
Dealing with the aftermath of a truck accident can be overwhelming, but seeking legal representation from a proficient California truck accident lawyer can make the process smoother and increase the likelihood of the best possible outcome. Remember to act promptly, gather evidence, and consult with State Law Firm who will fight tirelessly for your rights.
If you’ve been involved in a truck accident in California, you need a reliable California truck accident lawyer on your side.
Contact State Law Firm today to schedule a complimentary consultation with one of our experienced accident attorneys. Give us a call at (818) 477-0773 today.
Frequently Asked Questions (FAQs)
What should I do immediately after a truck accident?
After a truck accident, prioritize your safety and seek medical attention for injuries. If possible, report the incident to the authorities and collect contact information from witnesses.
Can I still recover compensation if I was partially at fault?
Yes, California follows comparative negligence laws, which allow you to seek compensation even if you were partially at fault for the accident. Your award may be reduced based on your percentage of fault.
How much does it cost to hire a truck accident lawyer?
At State Law Firm, we work on a contingency fee basis, which means we only get paid if we secure compensation for you. This arrangement allows access to legal representation without upfront costs.
What is the statute of limitations for truck accident cases in California?
The statute of limitations for filing a truck accident lawsuit in California is generally two years from the accident date. However, certain circumstances may affect this timeline, so it’s essential to consult a lawyer promptly. The relevant statute is California Civil Code 335.1
Why do I need an attorney if the insurance company offers a settlement?
Insurance companies may offer settlements that are less than what you deserve. An attorney can evaluate the offer’s fairness and negotiate on your behalf to ensure you receive proper compensation.
