Riverside Truck Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Riverside Truck Accident Lawyers Offering Clear Legal Guidance After A Crash
Dealing with the aftermath of a truck accident in Riverside can be overwhelming. Our Riverside truck accident lawyers help you gain clarity through clear and honest legal representation. We can advocate for your legal rights and guide you through the compensation process. We can assist you in filing a claim against trucking companies and negotiating with their insurance providers. Contact us at (888) 488-1391 for a free case review.
In any city, auto accidents are most likely to occur in areas with the heaviest traffic congestion. This dense traffic means that drivers should exercise extra caution when navigating busy parts of town. That is especially important here in Riverside along the Riverside Freeway (State Route 91). However, caution is equally crucial on busy surface streets that serve as thoroughfares.
These roadways include University Avenue, Central Avenue, and Arlington Avenue. Drivers should also be cautious on the major cross streets that give access to the 91. These streets include Madison Street, Jefferson Street, Adams Street, Monroe Street, Jackson Street, Van Buren Boulevard, and the other major “presidential” streets that provide access to the city’s busy areas. Truck accidents on these roads can cause severe injuries and significant property damage.
Our Riverside truck accident lawyers have experience handling truck accident cases. Let us handle the legal aspects of the claims process so you can focus on healing from your injuries.
How Can Our Riverside Truck Accident Lawyers Help With Your Claim?
Truck accident cases differ from car accident claims. Trucking companies are subject to strict federal regulations. Multiple parties, including the truck driver and the cargo loader, could potentially be held liable for the accident. Our Riverside truck accident injury attorneys can handle these complex issues while you focus on your recovery.
Here’s how Arash Law can support your claim:
- We’ll thoroughly analyze your situation. Our lawyers can provide legal advice and answer your questions about your case.
- Our team of truck accident lawyers can connect you with medical professionals in the area to help with the proper treatment for your injuries. We’ll also leverage our knowledge of healthcare billing practices to negotiate with your medical providers.
- We’ll investigate and gather evidence to help establish the negligence of the truck driver, the trucking company, or any other potentially liable parties. To prepare a case on your behalf, our team will gather evidence, interview witnesses, and enlist the expertise of industry professionals to analyze the accident from a technical perspective. We’ll also take depositions (formal out-of-court sworn statements) and file a spoliation letter to help preserve evidence relevant to your case.
- Our team has years of experience handling correspondence with insurers. We can help you prepare a case that reflects the full extent of your losses. Our lawyers are ready to negotiate on your behalf.
- If an agreement can’t be reached, our truck accident attorneys can file a lawsuit, taking the case to court for a judge or jury to decide.
Suarez v. Premium Packing (settled on 9/26/2023) – settlement involving a man who sustained multiple orthopedic injures and a mild traumatic brain injury when he was run over by a food truck.– TINA ESHGHIEH
Why Hire Our Truck Accident Attorneys To Handle Your Case?
Our experienced truck accident lawyers in Riverside have the experience to support clients in seeking compensation for their losses. We’re prepared to help you pursue a claim against the at-fault party, whether they’re a local trucking company or a big corporation in the transportation and insurance industries. Our in-depth knowledge of federal and California commercial trucking regulations guides us in handling cases, helping us address any issues that may arise during the process.
We can conduct a thorough investigation. Our team gathers vital documents related to the driver’s training, licenses, driving history, and the truck’s maintenance and repair records. Our truck accident attorneys can enlist the assistance of trucking industry engineers and accident reconstructionists to gather critical data that may help establish what happened and identify who can be held liable.
Why Riverside Truck Accidents Are So Dangerous
Truck accidents are particularly dangerous and more likely to cause severe or fatal injuries compared to other types of motor vehicle collisions. Here’s why:
Size And Weight
Large, heavy trucks generate more force than smaller vehicles in a collision. Since the force of the impact is directly related to the mass of the vehicles involved, anyone struck by a truck will be at a disadvantage. Drivers or passengers in smaller vehicles, motorcycle riders, cyclists, and pedestrians often suffer the most severe consequences of a truck accident.
Loaded trucks also generate more energy in a collision. The greater the force exerted during an impact, the more severe the injuries are likely to be. This explains why truck accident injuries are far more fatal than injuries sustained in crashes with smaller, lighter vehicles.
Speed
Speed also affects the amount of force that is generated in a collision. Research consistently shows that accidents involving high speeds are far more likely to be fatal than those involving lower speeds. When the speeding vehicle is also a large, heavy truck, the risk faced by victims becomes even greater. In simpler terms, speed acts as a multiplier, significantly increasing the severity of injuries in truck accidents.
Because of this heightened risk, truck drivers are held to an even higher standard of care regarding speed. Even exceeding the speed limit by a small margin can be considered negligence, especially if the driver is hauling a heavy load. Truck drivers must also adjust their speed in dangerous situations. Steep, downhill areas, wet roads, and other adverse conditions can make it unsafe to travel even at the posted speed limit.
Truck drivers who fail to adjust their speed accordingly in such situations can be deemed negligent and held financially responsible for any resulting accidents. Our truck accident attorneys serving the Riverside community will conduct a thorough investigation and carefully review the evidence to identify potentially liable parties, assisting you in pursuing accountability for the injuries and losses resulting from the collision.
Which Types Of Truck Accidents Are Most Common?
Here are some of the most common types of truck accidents that our Riverside lawyers have handled:
Rear-End Collisions
Rear-end collisions occur in nearly 30% of all crashes. Due to their immense size, trucks require a longer stopping distance than smaller vehicles. Our truck accident lawyers in Riverside have noted that inattentive driving, following too closely, or truck driver fatigue can all contribute to rear-end crashes.
Jackknife Accidents
According to the National Highway Traffic Safety Administration (NHTSA), there were 169 jackknife accidents involving articulated vehicles in large truck crashes in 2020. Jackknife accidents occur when a semi-truck’s trailer swings out at a sharp angle to the cab, resembling a folding knife, hence the name. A jackknifed truck creates a massive obstacle on the road, often leading to multiple vehicles being involved in the accident.
T-Bone Accidents
Also known as broadside collisions, T-bone accidents occur when the side of a vehicle is struck by the front or rear of another vehicle, forming a T-shape at the point of impact. These accidents commonly occur at intersections. If a driver fails to stop at a red light or stop sign and enters an intersection, they risk colliding with a vehicle traveling through the intersection with the right-of-way. While these accidents seem straightforward, plenty of issues can arise during the claims process. Experienced truck accident lawyers in Riverside can handle the case on your behalf and help you address the challenges that may arise during the claims process.
Rollover Accidents
A truck’s high center of gravity and immense weight make it susceptible to rollovers from even minor imbalances. Sharp turns, speeding, and unevenly loaded cargo can all trigger a rollover. Mechanical problems like tire blowouts, brake failures, or suspension malfunctions can also contribute to a loss of control and a rollover accident.
Our truck accident lawyers work to help you determine the exact cause of the accident. We’ll obtain and analyze police reports, accident scene photos, witness statements, truck maintenance records, and data from the truck’s black box. Using these pieces of evidence, we’ll build a case to help you seek accountability from the liable parties.
Wide Turn Accidents
Large trucks require extra space to make turns, especially right turns. If a truck driver underestimates the space needed or doesn’t turn sharply enough, the trailer can swing wide and hit objects or vehicles on the side of the road. Wide-turn collisions are one of the most common types of accidents our Riverside truck accident lawyers handle.
Blind Spot Accidents
Due to their immense size, trucks have expansive blind spots that can easily conceal entire cars or motorcycles from the driver’s view. This limited visibility creates a risk for unsuspecting motorists driving alongside a truck.
If the truck driver failed to check their blind spots before changing lanes or turning, they can be held liable for the resulting accident. The trucking company may also share responsibility if it fails to properly train the driver on blind spot awareness and safe driving practices, and their lack of training results in collisions. Our Riverside truck accident lawyers can assist you in looking for evidence to help demonstrate a clear connection between the at-fault party’s actions (or lack thereof) and the harm you’ve suffered.
Head-On Collisions
Head-on collisions are often involved in the traffic accident cases our Riverside accident attorneys handle. The potential for catastrophic consequences is even greater when they involve a massive truck. Common causes of head-on collisions include drowsy driving, distracted driving, or mechanical failures.
Underride Accidents
Due to the significant height difference between a passenger car and a truck, the car can be crushed or sheared by the trailer’s undercarriage. Due to the forces involved, underride accidents often result in severe or fatal injuries for the occupants of the smaller vehicle.
Typical Causes Of Truck Accidents
Our Riverside truck accident lawyers have provided legal support to clients throughout California. Some of the most common reasons for trucking incidents that we encounter include the following:
Driver Error
The Federal Motor Carrier Safety Administration (FMSCA) found that 31.9% of all fatal truck crashes in 2021 involved at least one driver-related factor, such as speeding, driving under the influence (DUI), or failing to yield the right of way.
Here are some of the different types of driver errors:
- Fatigue or Sleep Deprivation — Long hours on the road, tight deadlines, and disrupted sleep schedules can result in drowsy driving. A fatigued driver has slower reaction times and impaired judgment, significantly increasing the risk of accidents.
- Impairment — Driving under the influence of drugs or alcohol is never acceptable. Even some over-the-counter medications can impair a driver’s abilities.
- Distracted Driving — Texting, using a cell phone, eating, or any activity that takes a driver’s attention away from the road is dangerous.
- Decision Errors — Examples of poor decision-making include misjudging gaps in traffic, following too closely, or overtaking in risky situations.
- Aggressive Driving — Demanding schedules, tight deadlines, and traffic congestion can all contribute to stress and frustration, which can potentially lead to aggressive driving behaviors. Examples of aggressive driving include speeding, tailgating, and improper lane changes.
Our Riverside attorneys work to determine liability and help you establish the at-fault party’s negligence at the time of the truck accident. We’ll review the driver’s logs to identify any violations related to driving time and fatigue.
Our team will also check the driver’s employment records to check for any prior driving infractions or disciplinary actions related to aggressive driving or safety violations. To check if alcohol or drugs are a factor, our DUI accident victim lawyers can request the results of drug or sobriety tests, if any.
Truck Equipment Failure
Regular maintenance is crucial for preventing equipment failures in trucks. Without regular inspections, problems can go unnoticed, worsen over time, and increase the risk of unexpected malfunctions. If a poorly maintained truck causes an accident, the trucking company and possibly the driver can be held liable for damages, depending on the specifics of the case.
Truck equipment failures can also be caused by design flaws or manufacturing errors that result in weaknesses or malfunctions. For example, substandard steel in brake pads might wear out too quickly or crack under pressure. In cases where a manufacturing defect causes an accident, our truck accident lawyers can review the details of the collision to determine whether the manufacturer of the faulty part may be held liable for the damages.
Adverse Weather Conditions
Riverside has a semi-arid climate that borders on arid. It experiences hot, dry summers and mild, relatively wet winters. Most of the rain falls between November and April.
During dry spells, oil and grease from vehicles gradually accumulate on the road surface. When the first rain arrives after a long dry period, it creates a slick, oil-laden surface on top of the road. This layer can reduce traction and increase the risk of accidents. If a truck hits a puddle at high speed, its tires can lose contact with the road entirely (hydroplaning), causing the vehicle to veer out of control.
Santa Ana winds pose a significant hazard for truck drivers in Southern California, including those in Riverside. These strong, dry winds originate from the deserts and gain speed through mountain passes and canyons before reaching the coast.
Santa Ana winds can exceed 50 mph, with occasional gusts reaching hurricane force (over 74 mph). The gusts can exert a significant lateral force on a high-profile vehicle like a truck, causing it to lose control or rollover. Furthermore, the winds often pick up dust and debris, creating blinding dust storms that significantly reduce visibility.
If you’ve been recently injured in a collision involving adverse weather conditions in Riverside, our truck accident lawyers can evaluate your situation and determine if you have a viable claim. We’ll investigate whether the truck driver maintained a safe speed, taking into account the rain and wind. We’ll also examine if the driver lacked the necessary training or experience to handle weather-related hazards. Moreover, our team will assess if the truck is well-maintained and can handle challenging conditions adequately.
Improper Loading
Trucks often carry heavy cargo, and how that weight is distributed is crucial for road safety. An unbalanced load makes the truck unstable and harder for the driver to handle. A top-heavy load, for instance, can cause the entire truck to tip over. Unsecured cargo can break free and fall onto the road, creating a hazard for other vehicles.
Traffic Congestion
Another factor specific to Riverside’s geography that increases the danger of truck accidents is its extensive roadway system. The city is a major transportation hub, intersected by several high-volume freeways, including:
- Interstate 215 (the Ramona Freeway)
- Interstate 91 (the Riverside Freeway)
- State Route 60 (the Pomona Freeway)
These roads often experience heavy congestion, especially during peak hours. This high-speed, high-volume traffic creates a challenging environment for truck and car drivers.
Common Truck Accident Injuries
There are many types of injuries you can suffer in a truck accident. The type and severity of these injuries directly impact the pain and suffering you experience, which can significantly affect the potential value of your case. Working with a truck accident lawyer who understands the long-term consequences of your specific injuries can help assess the full extent of your losses.
Here are some of the most common injuries that are often involved in the cases our truck accident lawyers handle:
Traumatic Brain Injuries (TBI)
A traumatic brain injury is caused when external forces injure the brain. According to the Centers for Disease Control, auto accidents are the second leading cause of TBI hospitalizations in the United States. The CDC also reports that ER visits, hospitalizations, and deaths related to TBI increased by 53 percent between 2006 and 2014.
Vehicular accidents account for 17% of all TBI-related deaths. Such cases were highest among the 15–24 and 25–34 age groups. These statistics show just how dangerous and prevalent TBIs due to auto accidents have become.
TBIs can vary significantly in severity. A mild TBI might show up as a concussion that resolves on its own after a few days of discomfort. A more severe case might cause lasting symptoms that can only be resolved with occupational therapy, speech therapy, or other lengthy treatments. Severe cases might result in permanent speech, motor skills, or cognition deficits.
Patients with severe TBIs are often unable to return to any job they may have had. They might require in-home care for the rest of their lives. Additionally, the most serious cases of TBI result in death. Our truck accident lawyers have experience handling cases involving traumatic brain injuries and stay up to date with the laws and regulations surrounding such claims.
Neck And Head Injuries
Head and neck injuries often involve fractures to the skull, facial bones, or cervical vertebrae during a high-impact crash. Facial fractures can lead to severe pain, bleeding, and lasting cosmetic issues. Cervical vertebrae fractures are especially dangerous because they can damage the spinal cord and may be life-threatening.
Spinal Cord Injuries
The force of a truck accident can severely damage the spinal cord, a bundle of nerves that acts as the central communication highway between the brain and the rest of the body. Damage to the spinal cord can disrupt these signals and lead to a partial or complete loss of function, depending on the severity and location of the injury.
Internal Injuries
Your injuries might not be immediately apparent to you at the accident scene. Some injuries, like internal bleeding, can only be diagnosed by a qualified medical professional. If this injury is left untreated, it can become a severe condition, but you might not know you are bleeding unless a doctor monitors your blood pressure.
A truck accident can also injure your internal organs. Damage to the heart, lungs, kidneys, liver, pancreas, and other organs might not be immediately apparent. For example, it might take you hours to realize that your blood sugar has been affected by damage to your pancreas or that your kidneys are not filtering your blood correctly.
Seeking medical attention promptly after an accident is crucial. A doctor will monitor your vital signs and order necessary tests to check for internal injuries that you might not be aware of. Seeing a doctor allows you to get urgent care and may prevent your injuries from worsening.
If you’re worried about medical expenses, our truck accident lawyers can help facilitate a medical lien. If you receive compensation through a settlement or verdict, the lien will be paid from those proceeds.
Burns
Large trucks transporting fuel, diesel, or gasoline pose a significant danger in collisions. If a collision punctures the fuel tank, flammable liquids can leak and ignite due to sparks or the hot engine. This can engulf nearby vehicles in flames, causing severe burns to occupants.
The severity of burn injuries varies depending on the heat source, duration of exposure, and body surface area affected. Beyond the physical injuries, burn victims often face significant emotional and psychological trauma. The pain, scarring, and potential disfigurement can result in anxiety, depression, and post-traumatic stress disorder (PTSD).
Amputations
Two types of amputations can take place after a truck accident. A traumatic amputation occurs when the force of the impact severs a limb completely during the accident. On the other hand, even if a limb remains attached after the accident, severe damage or compromised blood flow might necessitate surgical amputation to prevent infection or gangrene.
The loss of a limb can have a significant impact on a victim’s quality of life. The emotional and psychological impact can be considerable, and support groups and therapy are often crucial for adjusting to this new reality. Our Riverside truck accident lawyers work to help victims pursue compensation that addresses their long-term needs.
Broken Bones
Broken bones can also range in severity. The truck driver’s insurance company will likely try to tell you that broken bones aren’t “worth” very much because they are a simple injury. However, broken bones can lead to numerous painful complications. Shards of bone can injure blood vessels or nerves within your body.
To set it properly, the bone might have to be broken again, albeit painfully. You might need orthopedic surgery to have the bone set with pins, screws, or plates. Another possibility is that you might have an underlying medical condition, such as osteoporosis, that prevents your bones from healing correctly. In all of these cases, a broken bone can be a severe condition that causes significant pain and suffering.
Riverside personal injury lawyers will investigate your case and gather evidence to help demonstrate the full extent of your injuries and losses and represent your interests before the at-fault party, their insurers, and, if necessary, the jury.
Whiplash And Soft Tissue Injuries
Many auto accident victims suffer soft tissue injuries. If your muscles, tendons, ligaments, or other soft tissues are injured, you can be in severe pain for a long time. You may continue to experience discomfort and soreness for years after the accident. Unfortunately, much of this pain and suffering is invisible.
This often results in issues with the negotiation process, such as low settlement offers, disputes over liability, delays, and denial of claims. An experienced truck accident attorney can collaborate with industry professionals to help demonstrate the numerous losses associated with soft tissue injuries. Pain, soreness, discomfort, decreased range of motion, and other symptoms can continue for years after an accident.
Depending on the specifics of the circumstances, you may be able to pursue compensation for your injuries and losses resulting from the collision. One of the most common soft tissue injuries that truck accident victims suffer from is whiplash. According to the Mayo Clinic, whiplash is a neck injury caused by the rapid back-and-forth motion of the neck (like the cracking of a whip). Common symptoms include neck stiffness and soreness, numbness or tingling, tenderness, pain, fatigue, and dizziness.
Some mild cases resolve on their own in a few days. However, more severe cases of whiplash can leave long-lasting symptoms. We are committed to helping you pursue financial compensation that reflects your actual losses.
Lacerations
The impact of a collision can shatter windshields and windows, spraying occupants with glass shards that can cut the face, arms, and other exposed areas. Flying debris from the truck or the surrounding environment, such as metal fragments or sharp objects, can also cause lacerations.
Deeper cuts involving muscles, tendons, or nerves require extensive medical attention to repair and prevent complications. Lacerations on the face or hands can be particularly concerning due to potential cosmetic issues and their impact on functionality.
Wrongful Death Claims In Truck Accident Cases
In some cases, not all truck accident victims survive their injuries. Surviving family members may be able to pursue a wrongful death claim for a close relative killed in a truck accident, subject to eligibility and depending on the situation. California law allows eligible family members to file a claim against the at-fault parties and hold them accountable for the harm they caused. Filing personal injury lawsuits can help make California’s roads safer for other drivers in the future, as well as help surviving family members address the losses resulting from the collision.
Who Can Bring A Wrongful Death Claim?
The California Code of Civil Procedure sets rules on who may bring a wrongful death claim. Eligible individuals include the victim’s surviving spouse, domestic partner, or child. If a child died before the victim, that child’s children could file a wrongful death claim for the death of their grandparent. The law also allows certain other close relatives, such as stepchildren and parents, to bring a wrongful death claim, but only if they were dependent on the victim for financial support.
A wrongful death attorney can determine your eligibility and help you navigate the process of filing a wrongful death claim.
Available Damages In A Wrongful Death Claim
Though you cannot be compensated for your loved one’s pain and suffering, a Riverside truck accident lawyer can help you pursue compensation for the tangible losses caused by their death. This compensation includes any medical bills incurred prior to their passing away. It may consist of wages that the victim would have earned between the time of the wrongful death and the expected retirement age, depending on the situation.
Finally, spouses and registered domestic partners can also claim “loss of consortium.” This compensation is for the intangible suffering one endures from losing a partner. Loss of love, comfort, affection, and sexual relations may be included in a loss of consortium claim. Consult our truck accident attorneys to discuss the compensation that may be available in your case. Call us at (888) 488-1391 for a free initial consultation.
Who Is Liable For A Truck Accident?
Truck accidents are far more complex than car crashes when it comes to determining fault. While a typical car accident places blame on one or two drivers, truck accidents can involve multiple parties who may share liability. These parties may not be directly present at the accident scene, which makes it more challenging to identify them.
In truck collisions, some of the common parties that may be responsible for the accident include the following:
- Truck Drivers — Drivers can be held liable if their actions or inactions caused the accident.
Truck Companies — Employers can be held vicariously liable for the negligence of their truck drivers. The same can be true even for truck drivers classified as independent contractors unless they’re the truck owner/operator.
Our Riverside trucking accident injury attorneys will work to determine whether trucking businesses were negligent due to poor truck maintenance, insufficient driver training, safety rule violations, and other acts of wrongdoing.
- Manufacturers & Maintenance Contractors — If faulty brakes, tire blowouts, or any other mechanical issues caused the accident, you may be able to seek compensation from the manufacturers of the defective truck parts or the contractors responsible for vehicle maintenance. Under product liability laws, you don’t need to establish negligence to hold them liable.
- Cargo & Freight Companies — If the truck accident is caused by overloading, improperly storing, or failing to balance or secure the load, the cargo company may be held liable for the damage resulting from an accident.
- Other Motorists — Other drivers can share the blame for a truck collision. For example, a motorist who cuts off a truck and causes it to swerve can be held accountable if the swerve results in an accident.
- Government Agencies — The municipal or state government may be held accountable for truck crashes resulting from unsafe road conditions, such as potholes, uneven roads, broken traffic lights, and missing guardrails.
You may be able to file a claim against various parties, depending on the case. One of our truck accident lawyers in Riverside can investigate your crash and help identify potentially at-fault parties and determine liability.
Demonstrating Negligence After A Truck Accident
Establishing negligence after a truck accident requires extensive evidence collection and a thorough understanding of relevant legal knowledge. A truck accident attorney can help you with this complicated process. However, you can also start gathering evidence after a crash. If it’s safe to do so, use your phone or camera to document the following:
- Skid marks and debris.
- Injuries.
- Vehicle damage.
- Traffic or weather conditions.
- The license plate numbers of all the vehicles involved.
- Trucking company name.
Our truck accident lawyers in Riverside can also help you obtain the following:
- Electronic control module of the truck.
- The driver’s ELD (Electronic Logging Device).
- The trucking company’s inspection and maintenance records.
- Company recruiting and training records.
- Nearby camera footage of the crash.
If these pieces of evidence aren’t enough to demonstrate the other party’s negligence, your lawyer can also bring in various expert witnesses. An accident reconstructionist can recreate a virtual simulation of the accident, helping to pinpoint factors like speed, braking distances, and the sequence of events. A medical professional can testify about the severity of your injuries and how they are directly linked to the accident. If there’s suspicion of mechanical failure in the truck, a mechanic with specific knowledge of heavy-duty vehicles might be consulted.
Settlement in a case where a client was injured while unloading commercial truck; client sustained crush injuries to legs– JUDD ROSS ALLEN
Damages Available In A Truck Accident Case
Our truck accident lawyers in Riverside work for victims to pursue the following damages:
- Medical bills, including the costs of emergency medical treatment, hospitalization, physical therapy, chiropractic care, and rehabilitation.
- Lost wages.
- Property damage, including the costs of repairs or replacement for your car and other personal belongings.
- Pain and suffering.
- Emotional trauma and loss of enjoyment of life.
- Scarring and disfigurement.
In rare cases, you may also be eligible for punitive damages when there’s clear evidence that the truck driver or trucking company acted maliciously or intentionally caused the accident. Road rage incidents involving California truck drivers are a notable example. For a victim to be awarded punitive damages, the court must find the defendant liable for gross negligence or intentional misconduct.
How Much Is My Riverside Truck Accident Claim Worth?
Every case is unique, so it’s impossible to give the exact value of your claim without a full evaluation. Here are some key factors that our Riverside lawyers consider when calculating how much a truck accident settlement is worth:
- The severity of your injuries.
- Medical bills.
- Lost wages.
- Vehicle and property damage.
- Whether you share fault for the accident.
- Insurance coverage limits.
An experienced truck accident attorney in Riverside can manage the legal aspects of your case and handle the negotiations on your behalf. We can calculate your claim’s value, assess any settlement offers, and determine whether it reflects the full extent of your losses. If an agreement isn’t reached, we are prepared to take your case to court.
When Should You File A Truck Accident Claim?
There are deadlines for filing a lawsuit, which can vary depending on the parties involved. Generally, the statute of limitations for a truck accident in California is two years from the date of the accident. However, this timeframe can be shortened to six months for claims against government entities. Missing these deadlines can significantly impact your ability to pursue compensation.
Certain exceptions also apply. For example, if the at-fault party is a minor, the deadline starts to run once they reach adulthood. For defendants who are incarcerated or out of state, the statute of limitations is paused or tolled until they are released from prison or return to California.
Our Riverside truck accident lawyers can assist you in filing your claim within the applicable timeframe.
What To Do If You Get In A Truck Accident In Riverside, CA?
After a truck collision, the trucker’s insurer may contact you to discuss issues like compensation and vehicle replacement. Our Riverside truck accident lawyers can assist you in addressing these communications on your behalf. After checking for injuries and moving to a safe location, here are some steps you can take to preserve evidence and support any potential claim:
- Call 911 — The police traffic collision report, which documents the incident, can be useful evidence when pursuing a claim. Also, the emergency responders can medically evaluate you for any injuries.
- Gather Information — Record the trucker’s insurance and contact details, and those of any other parties involved. Since accidents can potentially result in conflicting accounts, collecting witness information can provide valuable insights into how the accident occurred.
- Document Everything — Photographs of the damaged vehicle can help illustrate the extent of the damage in a collision, which can support insurance claims. Moreover, document the injuries you sustained and other relevant details at the accident scene, such as skid marks and the weather conditions.
- Avoid Talking to the Other Party or Their Insurer — Do not make any statements without consulting a lawyer. Any comments you make about the crash can affect the evaluation of your case. Legal representation can help you address these types of challenges that may arise in the legal process.
- Seek Medical Attention — Even if your injuries seem minor, seek medical attention. Injuries from car accidents can worsen over time. Delays can also result in questioning about the severity of your injuries and their connection to the crash.
- Consult Our Riverside Trucking Accident Lawyers — Our personal injury lawyers for truck accidents provide personalized legal support and clear guidance to help you make informed decisions about your case. We offer a free initial consultation to discuss the validity of your claim and your legal options. Call (888) 488-1391 for a free case review.
How Do Truck Crashes Differ From Regular Auto Accidents?
Accidents involving trucks and other commercial vehicles differ from regular fender-benders or other passenger car accidents. Commercial drivers are held to a higher standard than regular motorists due to the increased risk posed by their massive vehicles.
The sheer size and weight of trucks also translate to a significantly greater impact in collisions. Even low-speed crashes can cause extensive damage to smaller cars and inflict serious injuries on occupants.
Furthermore, determining who’s at fault is often more complex in commercial truck accidents. The driver, their employer, and even the owner of the cargo they haul could all share liability for the damages.
Riverside truck accident lawyers understand the intricate laws governing commercial drivers and the trucking industry. They can help you identify all potentially liable parties and help you seek compensation based on your case.
Federal Highway Trucking Regulations
Drowsy driving is dangerous regardless of the size of the vehicle. As with other risks, it is even more dangerous for truck drivers who operate large, heavy vehicles.
Drowsy driving has also been a more common problem for truck drivers over the years. Many truck drivers are paid by the mile, not by the hour. This incentivizes them to go on long hauls, which could make them more susceptible to fatigue.
To combat this problem, the Department of Transportation has established rules for all drivers operating commercial vehicles across state lines. These drivers can only work for a limited number of hours before taking a break, and they must also take sufficiently long breaks between days on the road. If truckers follow these, they can reduce the risk of fatigued driving, even on long hauls.
What Are The Hours Of Service Regulations?
The Federal Motor Carrier Safety Administration (FMCSA) regulates driver hours of service (HOS). These regulations are outlined in 49 CFR Section 395, requiring truckers to be well-rested before hitting the road.
These are some key hours of service rules:
- Drivers need a ten-hour break before starting a shift.
- A shift can’t exceed 14 consecutive hours, and drivers can only drive for a maximum of 11 hours collectively during this period.
- Drivers cannot drive for more than eight consecutive hours without a break. This break can be either a 30-minute off-duty period or a rest period in a sleeper berth.
- Federal regulations also limit a trucker’s total workweek. They can’t be on duty for more than 70 hours in eight consecutive days.
In previous years, the drivers tracked miles and hours on paper logs. Recording the logs in this manner meant that the data could be easily manipulated to accommodate extra hours. The Department of Transportation requires commercial trucks to carry electronic logging devices to address this issue. These devices automatically track data about miles, hours, and locations.
The information is then stored securely on a remote server. This system is far more secure than the old “paper log” system. Our Riverside truck accident lawyers can utilize the data from the ELD as evidence against drivers who disregard hours-of-service regulations.
Other Trucking Regulations
In addition to hours-of-service rules, the FMCSA oversees other crucial aspects of trucking safety through laws such as the Commercial Motor Vehicle Safety Act. This act establishes standards for driver licensing, qualifications, and medical fitness. All these regulations work together to create a safer environment on the road for everyone.
Unfortunately, although these measures are in place, accidents still occur. If you’ve been injured in a truck accident, our Riverside lawyers can help advocate for your rights. We answer your questions, address your concerns, and offer guidance as you make important decisions about your case.
Riverside Accident Statistics
In 2023, 5,375 large trucks were involved in fatal crashes, a decrease of 8.4% from 2022 but a 49% increase over the past decade.
These crashes led to 5,936 fatalities. Of the people who died, 70% were occupants of other vehicles, 19% were truck occupants, and 11% were cyclists and pedestrians. The injuries also increased to 161,000, representing a 3.9% growth from the previous year.
More than half (53.98%) of the fatal truck accidents happened on rural roads, while 26.61% happened along interstates. Most of these collisions (61.3%) also took place during the daytime.
The rise in fatalities and the high number of injury crashes involving large trucks highlight the potential devastation these accidents can cause. If you’ve been injured in a recent truck accident, our Riverside lawyers are ready to help. We will advocate for your rights and work to help you pursue accountability from the responsible parties for your losses.
Frequently Asked Questions
Do You Need A Truck Accident Lawyer?
After a devastating truck accident, you might wonder, “Do I need a personal injury lawyer?” Legal representation is not mandatory, and hiring one will depend on the specifics of your case. Riverside truck accident lawyers are experienced in navigating insurance negotiations, gathering evidence, and building a legal case that reflects your losses. Our attorneys work to seek compensation based on your case.
When Do You Need A Truck Accident Attorney?
Minor fender-benders usually don’t require legal intervention. However, many truck accidents are entirely different cases. Due to the immense size and weight of commercial trucks, even seemingly minor collisions can inflict serious injuries and substantial property damage. If you or a loved one was injured in a truck accident, our Riverside truck accident attorneys are ready to assist you. We can evaluate your case to determine its viability and help you file a claim for damages, including medical bills, lost wages, and other related expenses.
What Is A Truck Accident Lawsuit?
A truck accident lawsuit is a legal proceeding in which a plaintiff, or an injured party, seeks compensation for injuries and losses resulting from an accident. To establish grounds for a lawsuit, the plaintiff must demonstrate that the truck driver or trucking company acted negligently and that their negligence directly caused the accident.
Most truck accident lawsuits are settled before going to trial. In these cases, plaintiffs, represented by truck accident attorneys, negotiate with the defendant (usually the truck driver or trucking company) to pursue compensation that accounts for their losses from the accident. This is because litigation is expensive and time-consuming, making settlement the preferred recourse for most victims.
Will Your Truck Accident Case Be Settled Or Go To Trial?
While dramatic legal battles may dominate television, the reality is that most truck accident claims are resolved through settlements. This settlement process involves negotiations for compensation, avoiding the need for a trial.
However, complex cases with disputed details or disagreements over legal issues may require a trial. Here, a judge or jury will weigh the evidence and deliver a verdict.
An experienced truck accident attorney in Riverside can be your advocate throughout this process. Their legal knowledge can guide you in seeking a resolution tailored to your specific needs.
How Long Will A Truck Accident Claim Take?
There’s no single answer to this question. The timeline of your case depends on several factors. Straightforward cases with minor damages may be resolved within six to nine months. Conversely, claims involving significant injuries requiring lengthy medical treatment and lost wages can take upwards of a year to document and settle.
The complexity of the case also plays a role. Disputes over liability or disagreements about the extent of damages can extend the timeline.
Our experienced accident lawyers can help you navigate these variables and work toward a resolution. They’ll guide you through every step, working to manage the case more efficiently.
What Roles Do Insurance Companies Play In Truck Accidents In Riverside?
Truck accident insurance companies investigate and evaluate claims based on their own terms and policies, which may not often align with your interests. A lawyer can help you address issues, such as low settlement offers and disputes over liability, that may arise during the insurance claims process.
Our Riverside truck accident attorneys can handle the claims process on your behalf, allowing you to focus on your physical and emotional well-being. We’ll negotiate with insurance companies and seek compensation that takes into account the full extent of your losses.
Am I Responsible For Paying My Medical Bills After A Truck Accident?
Unlike no-fault states, California holds the responsible party financially accountable for accident-related damages, including medical expenses, based on their degree of fault.
Under California’s pure comparative negligence rule, even if you partially contributed to the crash, you may still be able to pursue compensation, but it will be reduced based on your percentage of fault. For example, if you were found to be 25% at fault for the truck accident, you may still recover 75% of the compensation for medical bills and other damages. Our truck accident lawyers can help assess your case and determine the percentage of fault that might be attributed to each party involved.
How Much Will Hiring A Truck Accident Attorney Cost?
Our Riverside truck accident law firm works on a contingency basis. This means you only pay legal fees if your case results in a settlement or a verdict. If there’s no compensation, you won’t owe us attorney’s fees. Please note that other case-related costs will be your responsibility regardless of the outcome. This fee structure will be outlined clearly in a written agreement, and our lawyers will address any questions or concerns you may have during your consultation.
How Many Years Does An Accident Stay On Your Record In California?
Most vehicular accidents stay on the Department of Motor Vehicles (DMV) record for three years from the date of the incident, even if you’re not at fault. During this period, the accident is considered a public record, accessible by insurance companies, potential employers, and law enforcement agencies.
If the accident involved a commercial vehicle or hazardous materials, the DMV will retain the record for ten years. Riverside lawyers can help you understand the legalities and potential impact of having a truck accident on your record.
Reach Out To Our Truck Accident Lawyers In Riverside
If you are looking for “truck accident lawyers near me,” our truck accident lawyers are ready to offer legal support. We have the experience and resources to represent you in your personal injury claim. We have decades of experience in handling various cases, including:
At Arash Law, we will represent your interests, whether during case filing, in settlement negotiations, or at a trial. Call (888) 488-1391 or contact us online to schedule your free initial consultation.
We serve clients in California, including Riverside, San Francisco, San Jose, San Diego, Sacramento, Sherman Oaks, and other nearby areas.
Latest Traffic Reports in California
