Ontario 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.
Experienced Legal Representation From Our Ontario Truck Accident Lawyers
Ontario is a major hub for industry and transportation in Southern California and the West Coast. With more commercial trucks and heavy machinery than in other cities, traffic incidents involving these vehicles are unfortunately common. Our team of Ontario truck accident lawyers is ready to help if you or a loved one is injured after a truck collision. We will look into your case and see how we may help you pursue compensation for medical bills, lost wages, and more. Contact us at (888) 488-1391 for a free initial consultation to discuss your options.
We acknowledge the significance of conducting an initial investigation to collect the necessary evidence to support your claim. Whether it’s the negligence of a truck driver, trucking company, or maintenance and manufacturing company that led to your injuries, our Ontario truck accident attorneys are dedicated to pursuing accountability for the resulting damages.
At Arash Law, we also extend our experience to offer representation to families dealing with the loss of loved ones in truck accidents. We can potentially help them pursue wrongful death claims against the insurance companies or large corporations that may be involved.
Paz v. Airfax Logistics (settled on 5/26/2020) – settlement in a case involving a client who was involved in a trucking accident and sustained a traumatic brain injury and other trauma.– TINA ESHGHIEH
Why Bring Your Truck Accident Case To Arash Law?
Arash Law has experienced and knowledgeable truck accident lawyers who can guide you throughout the claims process.
Here’s how we can help you handle a valid truck accident case in Ontario:
- Contingency Fee Agreements — Our lawyers understand that an unexpected incident can cause financial stress. However, our firm works on a contingency fee basis. In other words, clients are not required to pay attorney’s fees unless they’re awarded compensation. Still, certain case-related expenses may still apply, which we will go over with them before handling their case.
- Negotiation and Litigation Skills — Our attorneys are skilled litigators with experience in handling personal injury cases. Furthermore, our team is ready to litigate any case in the event that an agreement on a settlement cannot be reached.
- Connection with Outside Experts — Our accident law firm has connections with professionals in various industries, such as healthcare and accident reconstruction. We may collaborate with them if we feel that their input can help support your claim.
Why Consult Our Ontario Truck Accident Lawyers?
Our Ontario truck accident lawyers at Arash Law have experience handling cases for these types of crashes, as well as car, bike, and motorcycle accidents. We take a client-focused approach to each claim, and we can similarly offer personalized guidance when reviewing your accident.
There are reasons to consider consulting our Ontario truck accident lawyers, including:
- Providing Legal Clarity — When you come in for a consultation, we’ll take the time to listen to your story, better understand your situation, explain your rights and options, and answer any legal questions you may have about your accident.
- Advocating for Your Rights — From our first meeting, our discussions will revolve around how we can advocate for your rights after a truck accident. If you’re ever in a situation where you need to negotiate a settlement with insurance companies, we may be able to communicate with them on your behalf to help uphold your interests.
- Presenting Facts and Evidence — During the investigation of your case, our attorneys can examine all available evidence that may support your claim. This can help our team develop a substantiated and trial-ready claim.
Common Reasons Why Truck Accidents Happen
Several factors can increase the risk of truck accidents. Human error is a major contributor to many of these incidents. Negligence means that the driver or another party failed to act reasonably, resulting in bodily harm or death.
Some of the most common causes our Ontario truck accident lawyers have seen include:
- Drowsy Driving — Due to long hours on the road and tight schedules, truck driver fatigue is a common problem. Fatigue impairs senses and clouds judgment, increasing the risk of drifting from lanes or colliding with other vehicles.
- Driving Under the Influence — In California, commercial drivers must never exceed a blood alcohol content (BAC) of 0.04%. This is because alcohol greatly impairs driving ability. Some prescription and over-the-counter drugs may also have side effects that put drivers in danger.
- Distracted Driving — Distractions, such as texting, checking emails, or watching videos, are prevalent issues not just in the trucking industry but also for passenger drivers. Any distraction can potentially cause an accident.
- Inexperience — Driving a large truck requires special training and experience. If a company hires an incompetent truck driver, the crash risk increases.
- Disobeying Traffic Rules — Traffic rules are implemented to make roads safer for everyone. Violating these regulations may contribute to serious accidents.
- Speeding — When speeding, truckers have less time to respond to road hazards. Unfortunately, many may go beyond the speed limit due to tight deadlines.
- Improper Cargo Loading — This issue can lead to an imbalanced truck, which is more prone to rollover accidents.
- Defective Parts & Poor Maintenance — These can cause tire blowouts, brake failure, or other malfunctions that make the vehicle difficult to control.
Types Of Truck Accidents
It is possible to determine fault and cause based on the type of truck accident you were in. Here are some of the truck accidents that happen in Ontario:
- Rollover Accidents — A truck can roll over when it is off balance. A tire blowing out or cargo shifting during a sharp turn are just some possible causes. Rollover accidents can happen if the driver slams the brakes or jerks the wheel.
- Jackknife Accidents — This incident happens when the trailer swings out at an angle, forming a “jackknife” shape. Equipment malfunction, such as suspension or brake failure, is the primary cause. Many jackknife accidents also lead to rollovers and extensive damage.
- Lane-Change Accidents — Large trucks have big blind spots known as “no zones.” Drivers can’t see anyone or anything in these areas, so accidents can happen when they or other motorists change lanes recklessly. All drivers must switch lanes carefully and communicate with other motorists through signal lights.
- Underride And Override Accidents — An underride accident occurs when a passenger car gets stuck under the trailer. Meanwhile, an override incident occurs when the truck is on top of the passenger car. Both typically happen in rear-end collisions.
- Cargo Accidents — Truck loads can fall off during transit, causing accidents and injuries. To avoid them, cargo loaders and drivers must obey federal cargo securement laws.
Our truck accident lawyers in Ontario can investigate your accident to identify its potential cause. We may use our connections with outside experts to piece together the timeline of events and explain how the accident happened. Additionally, we can analyze the available evidence to help establish liability. Call us at (888) 488-1391.
List Of Common Injuries Sustained In Truck Accidents
As observed by our car accident lawyers, a truck accident can potentially result in more severe injuries compared to regular vehicle collisions. Some of the most common injuries you might experience are:
- Spinal Cord Injuries
The force of an impact can cause serious injuries to the spinal cord when it is compressed, stretched, or torn. Following a spinal cord injury, some victims may experience loss of sensation and movement below the injury site. In extreme cases, the victim may suffer complete paralysis. - Head Injuries
In a truck accident, occupants can hit their heads against the steering wheel, windows, or dashboard. It is possible to suffer mild, moderate, or severe brain damage as a result of traumatic brain injury. These injuries can result in pain and other symptoms that may affect a person’s quality of life for years. - Abdominal Trauma
An abdominal injury can range from minor to severe trauma, such as organ damage or internal bleeding. These conditions resulting from truck accidents require immediate medical attention for diagnosis and treatment. - Fractures
Victims often suffer from fractures due to the force of a truck accident. Broken bones commonly occur in the legs, arms, or chest of victims.
What Compensation Can I Pursue After A Truck Accident In Ontario?
You can seek legal assistance if you or someone you care about has been injured in a truck crash caused by another’s carelessness or negligence. Arash Law has experienced personal injury lawyers who can investigate your case and help you pursue compensation for losses like the following:
- Medical expenses
- Lost income
- Pain and suffering
- Punitive damages (in rare cases)
- Property damage
For tips on driving safely around commercial trucks, check out the FMCSA’s driver safety guide. If you need our Ontario truck accident attorneys, contact us at (888) 488-1391.
Who’s Liable When A Truck Is Involved In An Accident?
If someone’s carelessness causes harm to another person, they may be held legally responsible for the victim’s losses. This means the victim can pursue the negligent person for damages, such as medical expenses, lost wages, and pain and suffering.
According to our truck accident lawyers, negligent parties may include one or more of the following:
Truck Driver
There are numerous ways in which a truck driver can cause a crash, including drunk driving, distracted driving, speeding, and other types of reckless driving.
Trucking Company
Under California law, trucking companies may be held liable for the negligence of their employees, including truck drivers, loaders, and others, when acting within the scope of their employment.
Third Parties
The owner(s) of a trailer, independent cargo loaders, mechanics, managers, or brokers may be held liable if they fail to do their tasks with care. For example, a cargo loader failing to balance a truck’s cargo properly, an internal mechanic failing to maintain the truck, and a manager overloading a truck could be held responsible for a resulting accident.
Truck Parts Manufacturer
Truck accidents caused by tire blowouts, brake failures, or other technical malfunctions due to defective parts may potentially result in manufacturer liability, depending on the specific circumstances and applicable product liability laws.
Other Motorists
It is possible that a driver of a motor vehicle, a motorcyclist, or others may have acted irresponsibly or negligently, contributing to the accident.
How To Prove Negligence In Truck Accident Claims
According to California law, victims who sustain personal injuries caused by someone else’s negligence or recklessness may file a case to seek damages. However, they carry the burden of proof. In other words, they need to provide evidence that the at-fault party’s negligence directly caused the accident and their injuries.
In order to prove negligence, we need to establish these elements:
- The defendant owed you a legal duty to act reasonably and avoid causing you or other people harm. For instance, truck drivers are required to exercise caution while driving or verify their qualifications to operate a substantial commercial vehicle.
- The defendant breached their duty of care by failing to exercise the same level of care that a reasonable person would have in the same situation. For example, the truck driver was drunk but still chose to drive, whereas a reasonable person would not.
- The defendant’s negligence directly caused the accident that led to your injuries. You may be able to file a personal injury claim if your damages are minor, life-altering, or anything in between.
Evidence For Proving Fault And Liability
To pursue compensation, you must first prove liability. Our Ontario truck accident lawyers can help you establish fault by gathering evidence that corroborates your claim. We can use the following as proof:
- Police Report — This document provides vital information about an accident, including citations issued and details about witnesses. If it’s difficult for you to obtain a copy, contact us. We may be able to expedite the process of acquiring this piece of evidence.
- Electronic Logging Device (ELD) Data — Trucks are usually equipped with ELDs to record data, such as the vehicle’s speed, whether brakes were applied hard, and miles covered. This information may confirm if the trucker violated regulations.
- Driver Records — We can obtain trucker records, including their driving history and training. Our lawyers can also request company documents indicating past violations, if any.
- Witness Statements — Testimonies from eyewitnesses can tell us how the accident occurred.
- Maintenance and Inspection Records — Trucking companies must keep track of fleet maintenance and inspections. We’ll review when the vehicles were last checked and whether the parts were repaired or replaced.
- Accident Reconstruction — Our personal injury law firm has connections with credible experts who can analyze evidence, including vehicle damage and skid marks, to recreate the accident. This can help us identify the cause.
What Is The Cost Of Hiring Our Truck Accident Attorneys?
The answer depends on the complexity of your case. Truck accidents are more likely to involve multiple at-fault parties. In these cases, a truck accident attorney may charge you more because they may have to negotiate a settlement with more than one insurance company. However, our Ontario truck accident lawyers won’t charge you upfront if you decide to have us handle a valid claim.
Our firm works on a contingency basis. In other words, clients are not required to pay attorney’s fees unless they’re able to claim compensation. However, certain case-related expenses may still apply. We’ll go over them with you before you decide to become one of our clients.
What Is The Time Limit For Filing A Lawsuit After A Truck Accident?
Truck accident victims in Ontario must be aware of California’s time limit for filing personal injury lawsuits. First, inform your personal insurance provider and the trucking company’s insurance within a day or two, especially if strict reporting deadlines apply. Neglecting this step could result in unnecessary delays or denials of your claim.
In the event that a personal injury lawsuit becomes necessary against the at-fault party or trucking company, there is a limited timeframe to act. The personal injury statute of limitations in California, which states how long after an accident you can sue, spans two years from the date of the injury. Consequently, victims have a two-year window to initiate a lawsuit against the negligent party. Some exceptions may extend or shorten this deadline, depending on the circumstances of your case.
If you do not file a claim within the allotted time, you may lose eligibility to pursue compensation from the at-fault party. Reaching out to our truck accident lawyers can help you learn about the applicable deadlines in your case and potentially assist you with filing a claim on time.
Steps To Take After An Ontario Truck Accident
After a severe truck accident, navigating the immediate aftermath can be daunting. Taking certain steps following a collision with a commercial truck can be important for protecting your right to file a claim in the future. Here are some sample guidelines for what to do after experiencing injuries in such an accident.
- Get Medical Help — After a truck accident, seek medical attention to identify any hidden injuries. Accurate diagnoses and early treatment are essential to prevent conditions from worsening. Additionally, this helps establish a crucial link between your injuries and the accident.
- Call 911 — Dial the emergency hotline for assistance from the police and first responders at the accident scene. Submit your account of the events resulting in the collision to the police, and acquire a copy of the police report. Although typically inadmissible in court, these reports hold essential information that can be useful for the investigation of your accident.
- Collect Evidence at the Accident Scene — This step is vital for establishing what occurred. Collecting evidence on-site can provide important information and prevent potential falsification or alteration. Capture photos of vehicle damage, tire skid marks, license plates, and other pertinent details.
- Exchange Information with the Other Involved Parties — After an accident, exchanging insurance and contact details with the other driver is mandatory. Request the truck driver’s name, insurance details, address, trucking carrier’s name, and truck number.
- Ask Witnesses For Their Contact Information — If there were witnesses to your truck collision, request that they remain and provide statements to the police. Gather their names and contact information for your attorney to follow up on. Witness testimony serves as valuable and unbiased evidence in a truck accident claim, offering firsthand accounts of the incident.
- File an Insurance Claim — Your insurance company likely has a time limit in place for when to report an accident. It can be important to comply with this deadline to maintain your right to pursue compensation later on.
- Talk to our Ontario Truck Accident Lawyers — After a truck accident, speaking to a lawyer is important for victims to understand the claims process. At Arash Law, we offer a free initial consultation to discuss your case and address any questions you may have. Contact us at (888) 488-1391.
Verdict for a client who was sideswiped by a commercial truck– JUDD ROSS ALLEN
How To Avoid A Truck Accident
There are several things all drivers can do to prevent accidents on the road. Here are key steps our Ontario lawyers recommend to avoid truck accidents and promote a safer commute for all:
- Be Mindful of a Truck’s Blind Spots — Large trucks have significantly broader blind spots on all sides than passenger vehicles. The rule of thumb is that if you can’t see the driver in the side mirror, chances are they can’t see you either. Additionally, truck drivers have bigger visibility issues on the passenger side, so be extra cautious when driving on this side. Do not stay in these “no zones” for a long time. Meanwhile, truck drivers should be careful when making a turn or changing lanes. Double-check all sides and signal properly.
- Know When to Pass a Truck — For example, if a big rig is making a turn, avoid speeding past it, as the driver might not see you. Meanwhile, truck drivers should avoid wide or sharp turns to prevent collisions and losing control of the vehicle.
- Avoid Switching Lanes If There Is Not Enough Space — This maneuver can be hazardous since trucks can’t slow down or stop quickly. Truckers must also check if their vehicle has enough space when they are changing lanes. They must take into account the distance between their vehicles and the other cars, both in front and behind, to avoid collisions.
Steps Involved In A Claim Process For Truck Accidents
Here are the usual steps our Ontario lawyers for truck accidents follow when handling a claim:
- Investigation — Our lawyers will gather all available evidence and analyze it. We will also follow up with witnesses to build a well-supported case.
- Filing a Claim — Our truck accident lawyers will file a claim against the responsible parties once we have enough evidence.
- Negotiation — During the negotiation phase, we will constantly be in contact with insurers to negotiate the settlement. This period may take a while, depending on the specifics of your case.
- Settlement or Trial — Most cases we handle are settled out of court. However, we are prepared to take cases to trial if a settlement cannot be reached.
Truck Accident Statistics In California
In 2019, California held second place on the list of states with the highest fatal truck accident rates, as the Federal Motor Carrier Safety Administration (FMCSA) reported. The Insurance Institute for Highway Safety (IIHS) estimates that 83% of fatal accident victims include passengers, motorcyclists, big rig drivers, cyclists, and pedestrians.
According to the National Safety Council (NSC), nearly 6,000 deaths and 155,000 injuries resulted from large truck accidents on American roads in 2021. The NSC defines large trucks as commercial and noncommercial vehicles weighing over 10,000 pounds.
Frequently Asked Questions
How Much Are Truck Accident Settlements?
Truck accident settlements are unique to each case, so it’s difficult to say how much they are. Compensation usually depends on medical expenses incurred, long-term care costs for catastrophic injuries, future care, and lost wages. Additionally, our truck accident lawyers will have to look at various evidence, insurance policies, and resources to estimate a compensation amount for a given case.
What Is An Average Truck Accident Settlement In Ontario?
It’s hard to say what the average settlement for truck accidents is, given that various factors can change how much a case is worth. Nevertheless, these numbers can still decrease or increase based on certain variables, such as the severity of the case and who is at fault.
Am I Responsible For Paying For My Own Medical Bills Following A Truck Accident?
California is an at-fault state, which means that the party responsible for the accident should pay for the victim’s damages. However, proving this is usually a long process. So, how can you pay for your current medical bills in the meantime?
Unfortunately, you may have to pay for them initially. If you have private health insurance, you can use it to pay medical bills. If you don’t have health insurance, Medi-Cal can help you get treatment. As a last resort, healthcare providers and insurance companies may agree to provide care on a lien. This agreement allows them to take their fees from any compensation that may be awarded, meaning a client can potentially delay payment.
What Are The Truck Restrictions In California?
One of the most critical truck restrictions in California and the rest of the United States concerns weight limits. According to the law, large vehicles cannot exceed 80,000 pounds. For trucks with single axles (single wheels), the limit is 20,000 pounds.
These restrictions are implemented to promote industry safety and preserve the road structure’s integrity. Heavy trucks require longer stopping distances and are more challenging to control. Additionally, they damage roads over time, especially overpasses and bridges. Such issues could lead to more devastating accidents.
Our truck accident attorneys can check if overloading contributed to your accident. If so, we may be able to pursue damages from trucking and cargo-loading companies.
What Other Restrictions Apply To Trucks?
Aside from weight limits, state and federal laws keep truckers and other motorists safe. These include the following regulations:
- Hours of Service — The FMCSA mandates that property-carrying drivers take breaks for rest and meals throughout the day. Truckers must take a 30-minute break after driving for eight consecutive hours. Additionally, they are not allowed to be on duty for more than 14 consecutive hours. Before they can start another workday, they must have ten consecutive hours of rest.
- Load Securement — Besides checking that the load meets federal standards, trucking and shipping companies must verify that the cargo is secure. Improper loading can cause road accidents, such as jackknifing or rolling over. The weight must be distributed properly and evenly. Cargo must also be kept in place to avoid shifting.
Our lawyers, who handle truck accident cases, can also check whether these mandated laws were breached.
How Long Does It Take To Investigate A Truck Accident Claim?
Depending on its severity, investigating a truck accident claim can take weeks to months. The timeframe for your case can depend on several factors. That includes how readily available evidence of your accident is. Its complexity can also play a role, as it may take more time for the likes of accident reconstruction specialists to assess.
Call Our Ontario Truck Accident Lawyers
At Arash Law, we offer legal guidance to individuals who have suffered injuries in truck accidents, car accidents, wrongful death, and other personal injuries. We will listen to your story, help you explore your options, and represent your interests if you have a valid claim.
If you or a loved one has been injured in a recent trucking incident, you may have legal grounds to file a claim. Our Ontario truck accident lawyers are ready to review your case. Call us at (888) 488-1391 for a free initial consultation.
We also extend our services to neighboring communities, including Montclair, Chino, Rancho Cucamonga, Claremont, Pomona, and Chino Hills, as well as major cities throughout California, including Los Angeles, San Diego, Fresno, San Jose, Bakersfield, San Francisco, and Sacramento. However, Arash Law can also help after accidents that take place elsewhere in California.
