Monterey Truck Accident Lawyers
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Let Our Monterey Truck Accident Lawyers Advocate For Your Rights After Injury
Truck accidents are common in both the urban and rural areas of California; Monterey is no exception. Truck crashes often result in catastrophic injuries and significant medical bills. If you were injured in such an incident, you don’t need to face all of these alone. Call Arash Law at (888) 488-1391 to speak with our dedicated Monterey truck accident lawyers and learn if you’re eligible to pursue compensation for these losses.
Nearly everyone who drives into Monterey takes either California State Route 1, also known as the Pacific Coast Highway, or the Monterey-Salina Highway. These are both major shipping routes in California, and motorists frequently encounter commercial trucks. Unfortunately, many truck accidents occur along both of these popular roadways.
The city of Monterey is also one of the most desirable locales on the entire West Coast. Home to both the Monterey Bay Aquarium and the Monterey Jazz Festival, the city attracts many tourists throughout the year. The majority of tourists who visit Monterey choose to drive into the city. With tourism and the regular influx of trucks that supply the city’s economy, accidents are bound to happen.
Gil v. Anderson Plumbing: verdict by a Los Angeles County Superior Court jury in Van Nuys awarded to a man who was injured when his vehicle was struck from behind by a large commercial plumbing van. Benny was part of the trial team that obtained this verdict.– BENNY KHORSANDI
Why Do Truck Accidents Happen Often In Monterey?
Though the actions of any motorist can potentially lead to a crash, fatigued, overworked truck drivers are more likely to cause truck accidents when traveling through Monterey, California. Interstate commerce is one of the primary reasons so many roads and freeways in California are congested. Trucking companies focused on becoming more efficient may cause drivers to become overworked and log an extensive number of driving hours. Some drivers might not have enough time to satisfy all their deadlines.
In addition, truck accident claims can potentially involve multiple defendants, which can make them more complex. The at-fault parties may also have more resources to leverage during settlement negotiations, such as trucking companies that have access to response teams and experts to assess the accident scene alongside law enforcement agencies. Having Monterey truck accident attorneys involved early on means they can help guide you through these and similar challenges that your case may pose.
Financial remuneration cannot restore the health or mental well-being of an accident victim. However, it can potentially help accident victims pay their medical expenses and progress in their lives after a truck accident.
Why Consult Our Monterey Truck Accident Lawyers
Arash Law understands how difficult it may be to seek legal representation for a truck accident case. However, doing so may help you uphold your right to pursue monetary compensation for your injuries.
Skilled truck accident lawyers in Monterey can assess the facts of your case to see if you have any viable claims. An attorney can engage in settlement negotiations with the insurance company and prepare your case for trial if the case does not settle out of court.
Large trucking companies and other at-fault parties may have legal teams to respond to your accident claims. With legal representation that can represent your own interests, you can receive guidance and support in responding to any doubts opposing parties may have about your case.
Most truck accidents have multiple defendants, and this fact can make these cases more complicated than typical automobile accident cases. You will need to ascertain policies and procedures associated with the inspection record of the truck involved in the accident, as well as the amount of cargo and whether the driver was tested for drugs and alcohol after the accident.
The federal laws that apply to truck companies that may be responsible for your accident will concern how they implement their policies and procedures regarding which truck drivers are hired and how many hours each truck driver spends on the road. Also, log books and black boxes can reveal information about specific truck drivers and whether or not they are violating their employer’s policies and procedures. Truck companies are also responsible for having their trucks inspected on a consistent basis.
To fully explore the rules and regulations that may impact how you pursue compensation, consider speaking to an attorney who is knowledgeable about truck accident cases.
Examples Of Truck Accidents Our Lawyers See In Monterey, California
Truck accidents can happen under many different circumstances. Distracted truck drivers and careless errors made by motorists can lead to truck accidents, potentially causing serious bodily injury or death.
- A frontal collision is one of the most serious types of truck accidents. A truck and another automobile can get involved in a head-on collision if they’re traveling beyond the speed limit. Unfortunately, many drivers of cars and SUVs may suffer more severe injuries or even fatalities when they crash into a large truck.
- Rear-end collisions are also a common type of truck accident. These accidents happen when a large truck collides with the rear portion of another automobile. Truck drivers who follow other vehicles too closely are likely to cause a rear-end collision. One of the most dangerous things a truck driver can do is tailgate another automobile. A commercial truck may not have enough time to come to a complete stop if traffic suddenly comes to a halt on a busy freeway.
- Underride accidents are extremely dangerous and often cause victims to suffer serious bodily injury or death. These accidents occur when a smaller vehicle travels beneath a truck. Many drivers and passengers suffer neck injuries and traumatic brain injuries during underride accidents.
- Jackknife accidents take place when a truck and a trailer collapse in on themselves and produce a shape similar to a jackknife. Truck drivers should never drive at excessive speeds around sharp turns because a jackknife accident is likely to happen. Multiple vehicles may be damaged during a jackknife accident, especially if the incident occurs on a highway or other congested roadway.
- Rollover accidents are another form of truck accident that is capable of causing serious bodily injury or death. A truck driver may be speeding around a sharp turn when the entire body of the truck turns over on its side. Typically, if other vehicles are near the truck when this occurs, they will likely be crushed beneath the weight of the truck.
The Most Common Causes Of Truck Accidents In Monterey, California
Truck drivers are supposed to handle their vehicles in a reasonable manner. The majority of truck accidents in Monterey are caused by the negligent conduct of truck drivers. Unfortunately, truck drivers may abuse drugs or alcohol to stay awake or deal with the stress of driving for long periods of time. Alcohol can delay a truck driver’s reaction time, reduce their ability to focus on the road, and make it more likely that a truck accident will occur.
Fatigued driving is another dangerous activity that can quickly lead to a truck accident. Some truck drivers may try to work longer hours and forego sleep. However, it only takes a few microseconds of sleep for a truck driver to veer off the roadway and cause an accident. Truck drivers need to get adequate sleep and take designated breaks while driving long distances. When a truck driver is fatigued, they are more likely to lose control of their truck and strike another automobile.
The improper loading of cargo on a truck is also a common cause of truck accidents. Rollover accidents are likely to occur if a truck’s cargo is overloaded. This is a dangerous practice because it puts the truck driver’s life at risk and makes it more likely that other motorists will suffer serious bodily injury or death.
Also, tire blowouts are one of the most common causes of truck accidents in Monterey. If the air pressure in the truck tires is too low or too high, then a tire blowout is more likely to occur. Blown-out tires may hit objects or automobiles and cause serious bodily injury or death.
Lastly, truck accidents often happen when a truck driver speeds. Commercial trucks may be more prone to skidding over wet surfaces during poor weather conditions. A truck driver who speeds is more likely to lose control of the truck and cause an accident.
Common Elements In Truck Accidents Throughout California
Truck accidents can arise under many different circumstances. However, the majority of truck accidents are caused by one of the elements discussed below.
Distracted Driving
Distracted driving is one of the most dangerous activities any person can engage in while on the road. The majority of drivers are distracted by mobile telephones and GPS devices. However, drivers may also be distracted by the radio, food, and loud passengers.
Cargo
Commercial trucks are often loaded with cargo, but it is necessary to confirm that the trailer is not overloaded or underloaded. Dangerous cargo, such as chemicals and other materials, needs to be loaded in a secure manner to prevent truck accidents from occurring.
Truck Maintenance
It is essential to provide regular maintenance for all commercial trucks. If a truck does not receive adequate repairs, then it is more likely that an accident will happen due to low tire pressure, thin tire tread, and inadequate brakes.
Substance Abuse
Truck accidents are more likely to occur when a truck driver engages in substance abuse. Small amounts of alcohol or drugs can have a profound impact on the ability of a commercial truck driver to operate their vehicle in a safe manner. Also, some truck drivers who are fatigued may be more at risk of causing an accident if they abuse alcohol or drugs.
The Health Of Truck Drivers
Commercial truck driving is mentally and physically taxing. Truck drivers need to be in good physical condition to withstand long periods of isolation while driving across the United States. Also, truck drivers need to receive adequate training and medical clearance to ensure they do not have health problems that will interfere with their ability to work.
Fatigued Driving
Driver fatigue is a serious problem for those who do not get adequate sleep while performing their work duties. Sometimes, truck drivers will be pressured to work extra hours to increase productivity, but this is dangerous because fatigued driving is one of the leading causes of truck accidents in California. Federal regulations are designed to ensure that truck drivers do not work excessively long hours and put the lives of others at risk of serious bodily injury or death.
Reckless Driving
Reckless driving is one of the most dangerous activities a commercial truck driver can engage in while operating a vehicle. Many truck drivers may violate traffic regulations and disregard the safety of other motorists.
Truck driving safety is an important component of overall traffic safety due to the large number of commercial trucks that ship goods throughout the State of California. Unique systems and information technology databases exist to promote commercial truck driver safety. Many truck companies are also responsible for managing their own fleets and ensuring individual truck drivers adhere to safety standards.
Data collected on a daily basis helps regulators assess whether a truck company is following standard policies and procedures. Nationwide databases also analyze truck accident statistics and the number of safety violations that occur on a monthly basis. Regulators also use this information to increase safety measures, which can reduce the overall number of truck accidents.
Commercial trucks are not the only vehicles that must follow federal and state regulations. Any vehicle that weighs more than ten thousand pounds qualifies as a commercial motor vehicle. Large pick-up trucks, box trucks, and buses are also required to follow federal regulations.
It is possible that companies other than the trucking company may be liable for the injuries suffered by accident victims during truck accidents. A leasing company may be liable if it leases vehicles to a truck company with a history of safety violations. A lawyer can help you investigate these facts to determine which parties to name as defendants in a civil lawsuit.
Commercial truck drivers are professionals, and they should thus take care to avoid engaging in reckless or irresponsible behavior while engaged in their work duties. Most commercial truck drivers undergo months or years of training to obtain commercial driving licenses. The weight and size of commercial trucks make them inherently dangerous, and those who operate these vehicles need to be held to the highest possible standard.
Truck Accidents And Serious Bodily Injuries
Commercial trucks that collide with smaller trucks, cars, and SUVs are capable of causing catastrophic injuries to drivers and passengers. Accident victims subject to these forceful impacts may suffer temporary or permanent disability.
One of the most dangerous aspects of a truck accident is the vulnerability of drivers and passengers struck by the commercial truck. Oftentimes, drivers and passengers suffer traumatic brain injuries by striking their heads against the steering wheel and other objects inside the automobile.
Broken glass may cause accident victims to suffer severe lacerations. Other common injuries suffered by truck accident victims include internal organ injuries, spinal cord injuries, bone fractures, traumatic brain injuries, and neck injuries.
It is necessary to seek immediate medical care after you are injured in a truck accident. You may think you experienced only minor injuries, but symptoms of hidden physical damage may not become noticeable for weeks or months after an accident.
Emergency room staff can take X-rays and perform other imaging tasks to assess any physical injuries you suffered. You may need to go to physical therapy or rehabilitation appointments to treat your injuries.
Truck accident lawyers in Monterey can handle every aspect of your truck accident case while you recover from your injuries. Reach out to us to see if you have a case and whether you can start pursuing compensation that may cover the costs you incurred after a truck crash.
Parties That May Be Held Liable For A Truck Accident
Commercial truck accident cases typically involve multiple defendants. It is possible for two or more defendants to share liability under the comparative negligence scheme adopted under California law. It is important to recognize which parties may share liability in a truck accident case. The following are some of the most common parties named as defendants in truck accident cases:
- The leasing company
- The driver of another vehicle
- The truck company
- The truck driver
A design or manufacturing defect may have been the cause of the truck accident. Under these circumstances, the manufacturer may be liable for the injuries suffered by victims in the truck accident.
Federal Regulations And Truck Accident Cases
Truck companies must follow federal trucking regulations when they operate in the State of California. The Federal Motor Carrier Safety Administration (FMCSA) is one of the most important bodies that promulgates truck safety regulations. Truck companies must adhere to the following rules:
- Conduct safety inspections before and after each truck driving shift.
- Limiting the hours truck drivers may work to reduce driver fatigue.
- Certify that truck drivers are satisfying the minimum standards.
You may need to investigate what information the truck company possessed regarding the truck driver involved in a particular accident. Retaining Monterey truck accident lawyers can help you find more evidence you can use to substantiate any valid claims.
Establishing The Liability Of The Defendant In A Truck Accident Case
The injured victim must prove that the defendant was liable for their injuries by a preponderance of the evidence. The truck driver and the truck company do not have to prove anything during a civil lawsuit.
You must prove that the truck driver transgressed a regulation or law and that this directly caused the accident in which you suffered injuries. Also, you must prove that you suffered physical injuries due to the truck accident and that the accident caused these injuries. This is a basic outline of the elements of negligence, which are technically categorized as duty, breach, causation, and damages. If you can satisfy all four elements, then you can seek financial compensation for your injuries.
The following types of evidence are useful in establishing the liability of the defendant in a truck accident case:
- Truck driver time logs
- Truck maintenance records
- Truck driver employment records
- Criminal convictions of the truck driver
- Citations issued to the truck driver
- Traffic collision reports
- Witness testimony
- Dashcam footage
- Truck black box information
These forms of evidence will likely help you establish that the defendant was liable for your injuries. Monterey truck accident lawyers can help you obtain these forms of evidence and assess whether they can be used in a civil lawsuit. You may have to use different means to obtain copies of these records. Also, a truck accident attorney can help you learn when you should begin gathering evidence for your truck accident case.
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
The Types Of Damages Victims May Seek In Monterey Truck Accident Cases
Accident victims who suffer injuries during truck accidents may seek monetary compensation for their injuries. Typically, they can pursue general damages and special damages. The individual damages claimed will depend on the severity of your injuries, the speed at which the truck was traveling, various environmental factors, and the nature of your injuries. Also, the cost of your medical care will be an important factor in assessing damages.
Lost earnings are also an important element when you calculate the total damages amount in your case. You need to ascertain whether you will be able to return to the job you had before you suffered injuries during a truck accident, among other things. The following are common types of damages claimed by victims in truck accident cases:
- Loss of the use of a limb
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Disfigurement
- Emotional distress
- Mental distress
- Inconvenience
- Lost wages
- Medical expenses
Some accident victims lose family members during truck accidents. If this is the case, then you may be able to pursue a wrongful death claim. Learning more about the possible claims you may be able to assert against the defendant can help you have a better understanding of how civil lawsuits work. It can be beneficial to know how to keep track of changes during the course of litigation. Our Monterey truck accident lawyers can help you with this.
Those Who Suffer Injuries May Seek Financial Compensation For Their Injuries
You may have been traveling through Monterey when you were struck by a commercial truck. If so, you can potentially assert your right to seek compensation for your injuries. You may be able to pursue damages for one or more of the following:
- Wrongful death
- Loss of enjoyment of life
- Amputation
- Emotional pain
- Lost earnings
- Physical therapy costs
- Emergency bills
- Property damage
You can learn more about how to prove your claim and hold the defendant liable for their negligent conduct. Speaking with our skilled Monterey truck accident attorneys can help you understand what you can do to protect your legal rights if you’re able to initiate a civil lawsuit. For example, your truck accident lawyers in Monterey may inform you that you should not post any information about your injuries on social media applications.
Contact Our Truck Accident Lawyers In Monterey
Arash Law helps injured victims seek financial compensation for their injuries. We have decades of experience representing clients in truck accident cases throughout the State of California. We are committed to advocating for our clients’ interests when handling negotiations with insurance companies.
Contact Arash Law at (888) 488-1391 to schedule a free initial consultation. Our Monterey truck accident attorneys also serve metropolitan areas such as Sherman Oaks, San Diego, Los Angeles, San Jose, Sacramento, Riverside, and San Francisco.
