Anaheim Truck Accident Lawyers
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Anaheim Truck Accident Lawyers Who Offer Legal Services Grounded In Advocacy
Hurt in an Anaheim truck accident? The Anaheim truck accident lawyers at Arash Law are just a phone call away. Call (888) 488-1391 or contact us online to schedule a free initial consultation that will allow us to review your case and discuss all of your legal options.
Anaheim is located just outside of Los Angeles in California and is the second-largest city in Orange County in terms of land area. The size of the city makes it a common destination for all kinds of commercial trucks, which means that people driving in and around Anaheim frequently encounter these vehicles while they are on the road.
Commercial truck drivers have to use a considerable degree of caution in operating their vehicles, and even minor errors have the potential to cause serious and possibly deadly wrecks. When any person is injured in an accident that involves a commercial truck, seeking the guidance of an attorney can help them decide on their next course of action.
An experienced Anaheim truck accident lawyer can help a victim understand all of their options for pursuing compensation following a crash. In certain situations, some insurance companies for large trucks may try to minimize claims, and the settlement offers they extend fail to cover the full extent of a victim’s damages.
Arash Law, founded by Arash Khorsandi, Esq., has a team of attorneys who can handle your case and negotiate on your behalf.
Truck Accident Statistics In Anaheim
According to the California Statewide Integrated Traffic Records System (SWITRS), Orange County had 336 injury truck crashes and 18 fatal truck crashes in 2019, which was the lowest injury total dating back to 2015 but the second-highest fatality total besides the 19 people killed in 2018. The Federal Motor Carrier Safety Administration (FMCSA) reported that 4,842 large trucks were involved in fatal crashes, 45,900 were involved in injury crashes, and 86,618 were involved in tow-away crashes in 2020.
Single-vehicle crashes, which included crashes involving a bicyclist, pedestrian, or non-motorized vehicle, accounted for 22 percent of all fatal crashes, 16 percent of all injury crashes, and 24 percent of all property damage-only crashes involving large trucks in 2020. A majority (62 percent) of fatal large truck crashes involved two vehicles.
Fatal crashes involving large trucks occurred most often in rural areas and on Interstate highways. About 54 percent of all fatal crashes involving large trucks occurred in rural areas, 27 percent occurred on Interstate highways, and 13 percent fell into both categories by happening on rural Interstate highways.
The 13.49 fatal large truck crashes per million people in the United States in 2020 were a 27 percent increase from 10.6 in 2010. There was an average of 1.12 fatalities in fatal crashes involving large trucks.
Common Causes Of Anaheim Trucking Accidents
Common causes of truck accidents usually relate to driver error. Drivers can be at fault for a number of actions. Frequent causes include:
- Driver fatigue
- Driving under the influence (DUI)
- Distracted driving
- Speeding
- Reckless driving
- Unsafe lane changes
- Tailgating
- Road rage
Our Anaheim truck accident lawyers can conduct an independent investigation into the cause of the collision. When a truck driver does appear to be at fault, it may be possible that their employer also bears responsibility for the crash.
Trucking companies and numerous other parties can all be liable for truck accidents, depending on the facts of the case. Victims often have the right to seek damages for truck accidents. It is important for everybody to understand their legal rights in these situations.
When Truck Accidents Happen Because Of Other Causes
While truck drivers are often at fault for causing truck accidents, there are situations in which the truck driver is free from blame because it is actually some other party that bears responsibility. In these cases, an experienced Anaheim truck accident lawyer can help investigate a crash to determine the potentially liable parties by examining police reports, speaking to eyewitnesses, and reviewing truck driver logs.
Depending on the available evidence, it is possible that a third party, such as another motor vehicle driver, was at fault for causing a truck accident. There is also a very common issue involving a truck malfunctioning because of a mechanical issue, and liable parties in these cases might include parts manufacturers, mechanics, or other maintenance providers.
Common Kinds Of Truck Accident Injuries
The size of commercial trucks often means that people involved in collisions with these vehicles may incur serious injuries. Victims can be hospitalized for certain periods, and others may need long-term treatments.
Common kinds of truck accident injuries often include, but are not limited to:
- Fractures or broken bones
- Concussions
- Crush injuries
- Closed head injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Neck injuries
- Internal injuries
- Skull fractures
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Permanent nerve injuries
- Amputations
- Severe burn injuries
- Occupational illnesses
- Lacerations
California only allows a person two years from the date of their accident to file a claim and pursue damages, although an injury that is not immediately discovered may lead to an adjusted time limit. While two years can sound like a long time to some people, it is actually a very short window of time. You may wish to have an attorney do the necessary legwork before any legal action is taken.
Representatives from insurance companies representing large trucks may attempt to contact truck accident victims and get them to accept lower settlement offers. Victims may wish to exercise caution in dealing with these agents.
They can do so by enlisting an Anaheim truck accident lawyer to handle all communications with insurance companies on their behalf. Arash Law, led by Arash Khorsandi, Esq., frequently helps people injured in all kinds of truck accidents and knows how to manage these types of cases.
How Insurance And Liability Work In Truck Accident Cases
The California Department of Motor Vehicles (DMV) states that insurance or financial responsibility is required for every vehicle operated or parked on California roads. The acceptable forms of insurance are a motor vehicle liability insurance policy, a cash deposit of $75,000 with the DMV, a DMV-issued self-insurance certificate, or a surety bond for $75,000 from a company licensed to do business in California.
The minimum liability insurance requirements under California Insurance Code § 11580.1b are $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for damage to property. California also requires all commercial vehicles entering California to have proof of financial responsibility, with levels of liability insurance varying from $300,000 to $5 million combined single-limit coverage, depending on the type of vehicle and the property being transported. Nevertheless, while there are specific limits on insurance coverage, victims may only be able to pursue the actual damages they incurred.
When a person has a truck accident case, they may be able to seek compensatory damages, which are usually a combination of economic and non-economic damages. Economic damages refer to actual costs that can be calculated and proven, while non-economic damages are much more subjective.
Common kinds of economic damages include medical bills, lost income, and property damage. Non-economic damages often include pain and suffering, emotional distress, and disability.
The California Civil Code also allows for punitive damages, which are usually awarded more to punish negligent parties specifically for oppression, fraud, or malice. Malice is defined as conduct intended by a defendant to cause injury to a plaintiff or despicable conduct carried on by a defendant with a willful and conscious disregard for the rights or safety of others; oppression is defined as despicable conduct subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights, and fraud is defined as intentional misrepresentation, deceit, or concealment of a material fact known to a defendant with the intention on the part of a defendant of thereby depriving a person of property or legal rights or otherwise causing injury.
Driver Qualification Impact
Both the federal government and California enforce various regulations relating to commercial trucks. One important regulation truck drivers are expected to comply with is the FMCSA Hours of Service rules, which provide that property-carrying drivers can drive up to 11 hours after 10 consecutive hours off duty, and passenger-carrying drivers can drive up to 10 hours following eight consecutive hours off duty.
Property-carrying drivers cannot drive after the 14th consecutive hour after coming on duty following 10 consecutive hours off duty, and passenger-carrying drivers cannot drive after having been on duty for 15 hours following eight consecutive hours off duty. Truck drivers are allowed to extend the maximum driving time and on-duty limit by up to two hours when adverse driving conditions are encountered.
It is also important to note that truck drivers with poor driving records can also make employers liable for damages in certain cases. Violations by truck drivers are supposed to be reported to the state in accordance with federal law.
When The Truck Driver Is At Fault
While truck drivers can often be found to be at fault for causing accidents, seeking damages against them can be challenging, particularly if they lack sufficient insurance or financial resources. It may be beneficial for victims to consider having an attorney examine other potentially liable parties, as this process may reveal additional avenues for pursuing compensation.
There are several claims that can arise in a truck accident case, such as negligent hiring when an employer hires a truck accident driver despite a history of problematic driving incidents. There can also be negligent entrustment, negligent supervision, or negligent retention issues.
When Trucking Companies Are Responsible
Employers are liable for the actions of their employees, so long as the actions fall within the scope of their jobs. Even when a truck driver is negligent in causing an accident, the trucking company employing the driver can also be responsible for damages.
A trucking company needs to be sure it is only hiring qualified drivers, and every company needs to be diligent in performing adequate background checks. Trucking companies must also train their employees and continue to provide ongoing training when necessary, and they can face liability for not upholding these responsibilities.
Most trucking companies are going to have insurance companies ready to represent them in these cases, and insurers are all but certain to try and reach out to victims to try and settle the case. You generally want to avoid saying anything to an insurer for a trucking company that may compromise your claim.
The bottom line is that trucking companies typically share liability with drivers for causing truck accidents. An injured victim can consider having the help of an Anaheim truck accident lawyer when they are dealing with these situations.
Establishing Liability In A Truck Accident Case
Truck accident cases end up being resolved through settlements with insurance companies because both sides believe it is easier to settle a case than risk going to trial, which can be prohibitively expensive in many cases. There are situations, however, in which an adequate settlement cannot be negotiated and a person is forced to file a lawsuit to take the case to court.
People need to take certain steps to help protect their rights to compensation in these cases, with the first one involving seeking medical attention as soon as possible after a crash. You will want to have a doctor or other medical professional perform a complete evaluation of your condition and document any injuries you suffered in your crash.
People should also be sure to exchange relevant information with truck drivers so they know which insurance company is involved. When there are witnesses to an accident, a person should try to get contact information from those parties as well.
Can I Sue For Being Hit By A Truck?
Truck accidents are not limited only to collisions with other vehicles, as it is always possible for injured parties to include other road users, such as bicyclists or pedestrians. Anyone who suffers injuries because of a truck accident will have the right to pursue compensation for their losses.
It is again important for people to seek medical attention as soon as possible after a truck accident because waiting days or weeks to visit a doctor may complicate dealings with insurance companies. Additionally, many injuries involve delayed symptoms, meaning a person who feels fine after a truck accident may still have suffered an injury they are not even aware of.
It may help to consult with an attorney after a truck accident. They can guide you through the steps you need to take to protect your legal rights. Our Anaheim truck accident lawyers are familiar with how to handle these types of cases, and they can assess your case to determine suitable courses of action for your situation.
Types Of Compensation In Anaheim Truck Accidents
Under the guidance of Arash Khorsandi, Esq., Arash Law helps victims pursue compensation after a truck accident. The common kinds of economic and non-economic damages in these cases include, but are not limited to:
- Medical bills
- Physical therapy costs
- Lost income
- Property damage
- Mental anguish
- Disfigurement
- Long-term physical pain and suffering
- Loss of consortium
- Loss of function
- Care for a permanent disability
- Alterations to a home to accommodate a person’s needs
What Can An Anaheim Truck Accident Lawyer Do For Me?
An insurance company for a truck driver or trucking company may tell you that you do not need to hire an attorney because the insurer is going to make sure you are taken care of. Despite that, an insurance company’s priorities during the negotiation process may not align with your interests as the injured party.
In truth, Anaheim truck accident lawyers handle cases on a contingency fee basis, which means that clients do not pay legal fees unless they are awarded compensation. Nevertheless, certain case-related costs may still apply regardless of the outcome, and we recommend discussing this with one of our attorneys before moving forward.
An Anaheim truck accident lawyer can collect all of the necessary evidence to support a truck accident claim. They can also advocate for their clients’ rights during settlement negotiations or legal proceedings.
An attorney knows what’s needed to support a truck accident claim. They can work with accident reconstruction specialists, investigators, or other expert witnesses to better understand the circumstances surrounding your accident.
Let Our Anaheim Truck Accident Lawyers Help You
Large truck accidents are a continuous problem nationwide, and California is far from being the exception. Commercial trucks regularly have to travel through the state for various deliveries, so many people are at risk of being involved in a truck crash.
As soon as any person is injured in a commercial truck accident, they may run into difficulties communicating with insurance companies about settlement offers. An experienced Anaheim truck accident lawyer can help in these situations.
Arash Law, led by Arash Khorsandi, Esq., has experience handling all kinds of commercial truck accident cases. We can deal with insurance companies and negotiate for a potential settlement on your behalf.
We offer our legal services to all of Anaheim as well as the rest of Orange County, including the following cities: Santa Ana, Irvine, Newport Beach, Laguna Beach, and San Clemente. You can also ask us to assess accidents that take place elsewhere in California. Call (888) 488-1391 or fill out our “Do I Have A Case?” form to set up a free initial consultation so we can review your case and determine the next steps you can take.
