El Centro 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.
El Centro Truck Accident Lawyers Dedicated To Helping The Injured
No one deserves to have their life shattered by avoidable accidents, yet people in El Centro and the rest of California still face this reality due to reckless drivers. If you’re hit by a truck, our El Centro truck accident lawyers are here to help you navigate the legal process.
El Centro is known for its friendly community, diverse cultural events, and commitment to growth and progress. It is the county seat and the largest city within Imperial County, one of the nation’s most developed agricultural regions, producing over $2 billion in crops every year. However, given its strategic location and booming economic activity, truck accidents occur all the time in the city, impacting the lives of residents and visitors alike.
Our dedicated team at Arash Law has assisted accident victims across California. Call us at (888) 488-1391 to schedule a free initial consultation.
Settlement in a motor vehicle accident involving a commercial agricultural defendant – client suffered spinal injuries
– JUDD ROSS ALLEN
How Can Our El Centro Truck Accident Lawyers Help You After An Incident?
Truck accidents often lead to unwanted consequences in a person’s life, including medical bills, property damage, and long-term disabilities. Consulting a truck accident attorney in El Centro may help you understand the legal options if you wish to file a claim. Here’s what truck accident lawyers provide:
Legal Knowledge
El Centro truck accident lawyers bring years of experience in handling a wide range of truck accident cases. They have in-depth knowledge of state and federal regulations pertaining to the trucking industry and can build legal strategies for your case.
Thorough Investigation
Accident lawyers conduct a detailed investigation to gather evidence and establish liability. They will collaborate with accident reconstructionists and other professionals to build a solid foundation for your case.
Negotiation Skills
Experienced lawyers possess negotiation skills, engaging with insurance companies and opposing parties to seek compensation for your damages. They focus on representing your interests and promoting fair treatment throughout the process.
Courtroom Representation
Our attorneys are prepared to take your case to trial if a fair settlement cannot be reached. We have experience in courtroom procedures and are dedicated to guiding you through each stage.
Contingency Fee Basis
We understand the financial burden you may be facing after a truck accident. Therefore, we operate on a contingency fee basis. This means that clients pay no lawyer fees upfront. While they may still need to cover certain case-related costs, we only collect attorney fees if there’s a positive resolution in your case.
Why Should You Consult Our El Centro Truck Accident Lawyers?
Personal injury litigation differs significantly from criminal cases both in theory and practice. Personal injury cases fall under civil law, which governs private disputes involving harm or loss. There is no constitutional right to free legal representation in civil matters. Plaintiffs must either hire a lawyer themselves or proceed pro se (represent themselves).
Moreover, in civil cases, the burden of proof is lower. A plaintiff only needs to demonstrate that it is more likely than not that another party is responsible for their injuries. In contrast, criminal prosecutors must establish guilt beyond a reasonable doubt, making civil claims more complex due to the often subjective nature of the evidence and its interpretations. Put simply, our El Centro personal injury attorneys can act as both an advocate and a resource for information about how a personal injury case will proceed.
Common Causes Of Truck Accidents
From a deer running across the road to a tire blowing out, the possibilities of truck accidents are limitless.
The following are some of the most common causes of accidents involving trucks:
- Equipment failures.
- Failure to properly secure the load.
- Poor road conditions.
- Weather conditions.
- Speeding and improper truck maneuvering.
- Lane drifting.
- Driver fatigue.
- Drunk or drugged driving.
Truck accidents can result from various factors, including driver fatigue. In the trucking industry, delivery schedules and logistical demands may sometimes mean that the speed of delivery is prioritized over the safety of drivers and others on the road.
What Should You Do At The Scene Of An El Centro Truck Accident?
The following steps can help you gather the necessary information and documentation for any legal or insurance matters that may arise after a truck accident:
- Prioritize Safety — Your safety is of the utmost importance. Check for injuries and call for emergency medical assistance if necessary. If it’s safe to do so, move to a secure location away from the traffic to avoid further accidents.
- Call Law Enforcement — Contact the local authorities and report the accident. Provide them with accurate and detailed information about the incident. Police officers will assess the situation, gather evidence, and create an official accident report, which can be vital for insurance claims and legal proceedings.
- Exchange Information — Collect contact details, insurance information, and vehicle registration details from all parties involved in the accident. This includes not only the information of other drivers but also the trucking company’s details, if applicable. Avoid discussing fault or liability at the scene.
- Document the Scene — Take photos of the accident scene, including the vehicles involved, any damages, road conditions, and traffic signs. These visual records can serve as crucial evidence during insurance claims and legal proceedings.
- Identify Witnesses — If there are any witnesses to the accident, obtain their contact information. Their statements may help verify the facts and provide additional perspectives on the incident.
- Seek Medical Attention — Even if you don’t believe you have sustained significant injuries, it’s essential to seek medical attention promptly. Injuries might not be immediately apparent, and having a medical record can be crucial for insurance claims.
- Notify Your Insurance Company — Report the accident to your insurance company as soon as possible. Provide them with the details and documentation you’ve collected. Be cautious when discussing the incident, and consult with El Centro truck accident lawyers if needed.
How To Determine Liability In Truck Accident Cases?
Determining liability in a truck accident depends on the relationship between the driver and the trucking company, as well as the circumstances of the crash.
Under certain circumstances, employers can be held liable for unintentional accidents caused by their employees through the legal principle of respondeat superior. The employer might also be liable if it:
- Encourages unsafe driving in order to fulfill orders quickly.
- Forces drivers to be on the road beyond the hours that are permitted under state and federal regulations.
- Hires drivers without conducting proper criminal background checks, drug or driving tests, or mental examinations.
- Consistently fails to conduct inspections, maintenance, or repairs to their fleet of tractor-trailers or other large commercial trucks.
If any of these factors can be proven, they provide additional reasons for which the employer of a truck driver may be responsible for damages caused by the negligence of the driver.
Your El Centro truck accident lawyers can look into all pieces of evidence, including the driver’s current work history, to analyze who may be responsible for your accident.
How Can You Prove Negligence?
If you’ve been injured in a truck accident, pursuing compensation typically requires proving someone was negligent, but outcomes vary based on specific case facts. This means showing they failed to act with the care a reasonable person would in similar circumstances.
To establish the driver’s negligence, a person injured in a trucking accident must show the following:
- The driver and trucking company owe the person a duty to exercise reasonable care under the circumstances.
- The driver and trucking company failed to exercise reasonable care, i.e., acted negligently.
- Their failure to exercise reasonable care was the cause of the accident.
- Another person suffered injury and damage in the accident.
What Are Some Legal Remedies In A Truck Accident Lawsuit?
Compensatory damages play a pivotal role in addressing the various losses incurred by the victim. These damages can be categorized into economic and non-economic losses, with the potential for punitive damages and wrongful death claims in specific circumstances.
When pursuing legal remedies in a truck accident case, your El Centro truck accident attorneys will advocate for the following:
Economic Damages
- Medical Expenses — Compensatory damages can help address medical treatment costs, including hospital care, doctor consultations, medications, and physical therapy. Future projected medical expenses may also be recoverable, depending on the case.
- Lost Wages — Victims who are unable to work due to injuries sustained in the accident can seek compensation for lost wages. This includes the income they would have earned during the recovery period.
- Property Damage — The cost of repairing the victim’s vehicle, encompassing both mechanical systems and body damage, is part of compensatory damages.
Non-Economic Damages
- Physical Pain and Suffering — Includes the physical discomfort and emotional distress caused by the injury, both past and future. The severity of the pain and suffering will vary depending on the nature of the injury.
- Loss of Consortium — Spouses of injured individuals may seek compensation for the loss of companionship and services resulting from the injury. The valuation of this loss is subjective and may vary based on the evidence presented during settlement negotiations or trial.
- Emotional Distress — Refers to the psychological and emotional harm caused by the injury. It can include anxiety, depression, post-traumatic stress disorder (PTSD), fear, anger, and other emotional symptoms. Emotional distress can have a significant impact on a person’s quality of life.
Punitive damages may be awarded in rare cases where the negligent party exhibited reckless disregard, wanton behavior, or purposeful misconduct. Punitive damages aim to deter similar conduct in the future rather than compensate the victim. Guidelines for calculating punitive damages differ by state, with factors such as the level of fault and the severity of harm influencing the jury’s decision.
Lastly, in the tragic event of a fatality resulting from the collision, a wrongful death lawsuit may be pursued. This legal avenue allows surviving family members to seek compensation for the emotional and financial losses incurred due to the loss of their loved one.
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
Most Common Injuries Sustained In Truck Accidents
Truckers can spend long hours behind the wheel of a vehicle transporting thousands of pounds of product. When fatigue sets in, the combination of limited rest and the immense weight of the vehicle can lead to dangerous situations.
Truck accidents are generally more dangerous than car accidents because of how much larger an 18-wheeler is compared to even an SUV. These accidents can cause catastrophic injuries, resulting in:
- Permanent nerve damage
- Loss of vision
- Loss of limb
- Loss of motor skills or other bodily functions
- Death
Any of these injuries can cost you a lot in terms of hospital bills, physical therapy, prescription costs, and even the pain and suffering you experience.
Insurance companies typically assess claims based on their internal policies and financial considerations, which can sometimes result in conservative settlement offers. Our truck accident lawyers in El Centro are prepared to advocate for your rights and take your case to court if they do not offer you fair treatment.
What Is The Statute Of Limitations For Filing A Truck Accident Lawsuit?
In California, the statute of limitations for filing a truck accident lawsuit is two years from the date of the incident. This means that individuals who have suffered injuries or property damage in a truck accident have a two-year window to initiate legal proceedings against the responsible party. It’s important to note that once this period expires, the court may dismiss the case, making it challenging for the injured party to seek compensation.
Frequently Asked Questions About Truck Accidents In El Centro
Should I Contact El Centro Lawyers About My Truck Accident?
Truck accidents can be complicated because more than one party may be at fault. Additionally, if you sue the truck driver’s employer, the employer has the funds to hire experienced attorneys who will defend their interests.
Our dedicated El Centro truck accident attorneys can help you with your claim and advocate for reasonable compensation based on the facts of your case. Our legal team will analyze who is at fault, the extent of the damage to you as the victim, and the potential compensation available for your claim.
Can The Non-Driving Parties Escape Liability For A Trucking Accident?
In some cases, the non-driving parties may try to limit their liability by creating legal distance between themselves, the driver, and the equipment. They may argue that the driver was not their employee or that they do not own the equipment.
California law provides avenues for holding trucking companies and other related parties responsible for an accident, depending on the specific facts of the case.
Truck Accident Statistics
According to a survey by the National Highway Traffic Safety Administration (NHTSA), there was an increase in the number of people killed in crashes involving large trucks in 2020. Moreover, non-occupant fatalities went up by 52, showing a 9.1% increase from the previous year.
Additionally, in 2020, the Federal Motor Carrier Safety Administration (FMCSA) reported around 415,000 incidents involving large trucks. Among these, 4,444 (1 percent) were fatal crashes, and 101,000 (24 percent) were injury crashes.
Among fatal crashes, 22 percent involved a single vehicle, including bicyclists, pedestrians, and other vehicles. This category also accounted for 16 percent of injury crashes and 24 percent of property damage-only crashes related to large trucks in 2020. The predominant scenario in fatal large truck crashes was the involvement of two vehicles, constituting 62 percent of such incidents.
Need Legal Help? Contact Our El Centro Truck Accident Attorneys
The uncertainty of how you are going to make ends meet after an accident can be stressful. Many injuries are substantially life-changing. Because insurance companies may dispute the extent of your losses, having an experienced attorney who knows how to negotiate and litigate when necessary can make a difference.
Our El Centro truck accident lawyers have been practicing personal injury law for clients for decades. In those years, we have gained experience negotiating with insurance companies on behalf of our clients.
If you’re looking for attorneys to represent you, contact our El Centro accident lawyers. Call (888) 488-1391 or complete our “Do I Have A Case?” form to schedule your free initial consultation. Our legal services extend to other places near El Centro, including Imperial, Wilsie, Heber, Anza, and Holtville.
