Bakersfield Big Rig Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Bakersfield Big Rig Accident Lawyers Protecting The Rights Of Injury Victims
Big rigs are vital to driving economic growth in Bakersfield. However, these large trucks are highly destructive when they are involved in traffic accidents, often causing severe injuries, property damage, and even deaths. Our Bakersfield big rig accident lawyers can review the circumstances of your case and provide guidance on pursuing compensation for the injuries and other related losses. Call (888) 488-1391 to schedule a free initial consultation.
The city of Bakersfield in Kern County has built a progressive and resilient image over the years. Its reasonable cost of living has attracted thousands from Los Angeles County and the San Francisco Bay Area. The metro’s master-planned developments, such as the Wonderful Industrial Park and Tejon Ranch Commerce Center, have spurred numerous industries to invest and expand their distribution facilities in the city, directly and indirectly benefiting the residents, including you.
These favorable conditions continue to happen, particularly the seamless movement of goods in and out of Bakersfield. Its strategic location near the southern end of the San Joaquin Valley makes it a central transportation hub, with big rigs traveling on Interstate 5, State Route 99, and other highways. Unfortunately, the increased presence of these road giants also increases the risk of devastating truck accidents.
If you were injured in a big-rig accident in Bakersfield, you can contact our attorneys to discuss your case and legal options. Our law firm works on a contingency fee basis, so you do not have to pay upfront legal fees. We can guide you through the claims process and provide assistance in seeking financial recovery for medical bills, lost wages, property damage, and other related losses.
What Is A Big Rig Accident?
Bakersfield, a major transport hub, sees various types of commercial vehicles, like big rigs, traversing its roads daily. Unlike typical car accidents, collisions involving these large vehicles result in more severe consequences due to their sheer size and weight. Big rigs can weigh up to 80,000 pounds.
Also known as semi-trucks and 18-wheelers, big rigs are the most common type of truck on the road. These vehicles usually have a front tractor unit and a rear cargo space. Their enormous build and cargo space make them suitable for transporting various goods, including steel, other vehicles, fresh vegetables, and livestock.
When a collision involving a big rig happens, victims will most likely suffer physical, mental, and emotional harm. If you were involved in such an accident, our Bakersfield big-rig accident attorneys can guide you on pursuing a personal injury claim for your losses.
Settlement in a heavily disputed Truck v. Truck case. Our client was blamed by the insurance company from day one and was always told that they would never take responsibility for the collision that injured our client’s lower back. After years of litigation, Benny and the team were able to secure the full policy limits for our client months before trial.– BENNY KHORSANDI
Why Choose Our Bakersfield Big Rig Accident Lawyers?
Arash Law is a California-based personal injury law firm serving clients throughout the state. Our Bakersfield big-rig accident attorneys can carefully examine the details of your case, coordinate with experts, and guide you through the discovery and claims process.
Our team offers the following assistance:
- Extensive Experience — Our attorneys have years of combined experience handling big-rig accident cases. This background allows them to carefully examine the details of each case and apply relevant trucking industry laws to assess potential responsibility, including that of truck drivers and trucking companies.
- Contingency-Based Services — We handle cases on a contingency fee basis, meaning attorney fees are collected only if compensation is recovered. Case-related costs may still apply. This arrangement allows injured individuals to pursue their claims without paying upfront attorney fees, which can ease financial stress during recovery.
- Case Guidance and Support — Our personal injury attorneys can help you navigate the claims process. They can coordinate with medical, accident reconstruction, and other relevant experts to support your case. They can explain how laws may apply to your case and provide advice on pursuing compensation for injuries and other related losses.
What Can Our Big Rig Accident Attorneys Do For Your Case?
Being involved in a big-rig accident can be a stressful and overwhelming experience. Our Bakersfield big-rig accident attorneys can provide guidance throughout the legal process and help you understand your options for seeking compensation under California law.
Here’s what our attorneys offer:
- Case Review and Investigation — Our attorneys can carefully examine the details of your case and investigate potential causes of the collision. This may include reviewing driver records, vehicle maintenance logs, and other relevant evidence to help identify parties who may be responsible.
- Coordination With Experts — Our truck accident lawyers may work with medical professionals, accident reconstruction specialists, and other relevant experts to gather information that supports your claim and helps explain the impact of your injuries.
- Claims Guidance and Communication — Our attorneys can assist with negotiations with insurance companies, explain how laws may apply to your situation, and provide advice on the claims process and potential recovery of losses.
- Legal Process Support — If your case proceeds through litigation, our truck crash attorneys can provide guidance on court procedures, help organize evidence, and advise on how to present relevant facts.
Why Is A Big Rig Accident Case More Complex?
Collisions involving big rigs are far from the common crashes our car accident lawyers handle in Bakersfield. These incidents are inherently more intricate for a variety of reasons.
Imagine traveling to the California Living Museum when a big rig cuts you off along the Alfred Harrell Highway, causing you to strike it. You will likely sustain severe injuries or, worse, face instant death. The severity of the consequences alone adds more complexity to the case than those involving less serious injuries. Additionally, our attorneys in Bakersfield encounter the following factors that make big rig accident cases difficult to manage:
Multiple Liable Parties
Big rig collisions are often associated with several potentially liable entities. Truck drivers will usually be held responsible for the resulting damages if they are proven to be reckless in operating their big rigs. However, some entities may also be held accountable.
Under the vicarious liability rule, truck companies may be deemed liable for the negligence of their truckers while on the job. Other potentially liable parties may include the following:
- Truck owners.
- Truck manufacturers.
- Truck maintenance service providers.
- Shipping entities.
- Third-party motorists.
- Government agencies.
Identifying all potentially responsible parties can be complex. Our Bakersfield big rig accident attorneys can review the circumstances of your truck collision and assist in assessing which parties may have contributed to the incident.
Complex Trucking Laws & Regulations
Different laws and regulations stemming from federal and state policies strictly govern the trucking industry in Bakersfield and throughout California. Here are some key rules that may be relevant in a big rig accident claim:
- To drive a commercial truck, such as a big rig, you must maintain a driver’s license (CDL), which entails passing various tests conducted by the Department of Motor Vehicles (DMV). Exemptions exist for those who have obtained licenses from another state or are veterans.If you have never had a CDL before or wish to modify your classification, endorsement, or limitation that calls for a skills test, you must get a commercial learner’s permit (CLP) and keep it for at least 14 days.
- All trucks are equipped with electronic logging devices that record details of every stop, rest, or break period, and inspection. This way, employers or authorities can trace whether the truck driver is complying with relevant federal and state laws and regulations.
- Big rigs and other large vehicles must undergo regular inspections and maintenance before every trip, and their trucking companies must closely monitor their records. The same rule applies to rideshare collision cases that our Uber and Lyft accident lawyers pursue.
- According to federal and state law, big rig drivers must spend 11 hours behind the wheel after ten consecutive hours off duty. This rule aims to prevent fatigued driving, one of the top reasons behind truck crashes.
- When fully loaded, big rigs should have a maximum weight of 80,000 pounds and a height of 14 feet. Their length should not extend more than 40 feet.
Understanding these regulations can be overwhelming. Our Bakersfield big-rig accident attorneys can review how relevant trucking laws may relate to the circumstances of your accident. They can also provide guidance on factors that may affect your claim.
Unique Evidence To Gather
Large commercial trucks, such as big rigs, are often equipped with electronic logging devices and event data recorders, also known as black boxes. These technologies track truckers’ speed, driving hours, braking patterns, and other vital operational aspects. Data from these technologies can provide additional evidence by revealing any violation of safety rules or procedures when determining the cause of a collision.
Other proofs useful in a truck accident case include the following:
- Truck driver’s logs and employment history.
- Truck maintenance records.
- Cargo loading documentation.
- Witness testimony.
- Photos and videos of the accident scene.
Collecting and analyzing evidence from trucks, drivers, and the accident scene can be a detailed and technical process. Our big rig accident attorneys in Bakersfield can help review relevant documentation to better understand the factors contributing to the collision and support the claims process.
Most Common Causes Of Big Rig Accidents In Bakersfield
Like other traffic accidents, big rig collisions occur for several reasons. Among those encountered by our accident lawyers are the following:
- Speeding — Some truckers might exceed the speed limit to reach their destinations faster and meet delivery deadlines. Speeding compromises their ability to respond to hazards and stop promptly in emergencies, increasing the risk of accidents.
- Fatigued Driving — Even with Hours of Service (HOS) regulations, long driving hours can lead to driver fatigue, which may affect alertness and response time.
- Distracted Driving — Long hours on the road may tempt truckers to use their phones while driving. Unfortunately, using gadgets behind the wheel often leads to distractions and potential collisions.
- DUI — A drunk or drugged big rig driver is as dangerous as a distracted driver, as they may not be able to quickly grasp what’s happening around them. If you are involved in an accident with an impaired trucker, consider speaking to our DUI accident lawyers. They can help assess potential liability and guide you through the claims process.
- Unsafe Loading — Before any trip, truckers must secure their cargo properly. Unsecured or improperly secured loads can shift, spill, and crash into nearby vehicles during transportation.
- Poor Vehicle Maintenance — Big rigs that undergo proper maintenance may encounter mechanical failures, such as flat tires and faulty brakes. Late discovery of these issues may lead to catastrophic accidents.
- Driving During Bad Weather — Although Bakersfield is known for its year-round sunshine, it may still experience inclement weather. Rain can reduce visibility and make roads slippery for big rig drivers.
If you are injured in a big rig accident, consider consulting our Bakersfield vehicle accident attorneys. They can help review the details of the crash and assess potential causes, along with the parties who may be responsible. They can also guide you in pursuing compensation for your injuries and other damages.
Different Injuries Victims Sustain In Big Rig Accidents
The bustling highways in Bakersfield are usually filled with various types of trucks, including big rigs. While these large vehicles are vital for the economy, they also pose significant risks to other road users, particularly when they are involved in accidents. Crash victims are likely to sustain life-altering injuries.
Our big rig accident attorneys in Bakersfield have helped clients suffering from the following bodily harm:
- Whiplash
- Head and brain injuries
- Spinal cord injuries
- Crush injuries
- Internal injuries
- Nerve damage
- Soft tissue injuries
- Amputations
- Fractures
- Cuts and lacerations
- Disfigurements
- Scars and burns
Most often, these injuries require extensive treatment to heal completely. However, medical interventions nowadays can cost thousands of dollars.
If you sustain any of these injuries in a big rig accident, a Bakersfield big rig accident attorney can help document your medical treatment and evaluate a connection between your injuries and the crash. They can assist in gathering medical records, expert opinions, and other evidence needed to support a personal injury or wrongful death claim.
Establishing Negligence In A Big Rig Accident
To pursue compensation for their losses, big rig accident victims must demonstrate the negligence of the responsible parties. This process involves proving these four essential elements:
Duty Of Care
You must establish that the defendants owe you a duty of care. This duty entails exercising safety to avoid harming others.
Big rig drivers are legally required to operate their vehicles carefully and follow traffic laws. They are always held to a high standard of care due to the potential dangers posed by their imposing vehicles. Meanwhile, trucking companies have a responsibility to hire qualified drivers and keep their vehicles in good condition before a trip.
Breach Of Duty
The next step is to show that the accountable individuals disregarded their duty of care. The truck driver may have violated traffic rules by speeding, driving while texting, or being impaired. Truck companies can also breach their duty of care by failing to implement thorough hiring processes, conduct background checks, provide safety training, and maintain safe working conditions.
Causation
You must also specify the direct connection between the party’s breach of duty and the accident. This element can be established through witness statements, police reports, and testimonies from accident reconstruction specialists.
Damages
Finally, you must present evidence of the actual damages you incurred. These may include medical records, car repair invoices, and assessments of your pain and suffering.
Proving negligence in a big rig accident can be complex. It requires detailed documentation of the crash, the driver’s actions, and any contributing factors. Our Bakersfield big rig accident attorneys can assist in gathering and organizing evidence to support each element of negligence. They will also help you understand the process and your options for pursuing compensation for your losses.
What Damages Can You Recover In A Big Rig Accident Case?
Under California law, victims of big rig collisions may be eligible to pursue a claim against the liable parties. This legal action lets you pursue damages resulting from the incident. Our Bakersfield attorneys can help identify and document the types of losses that may be recoverable, including:
Economic Damages
These are the financial losses that victims incur in a big rig crash. Economic damages are quantifiable and have a clear monetary value, making them easier to calculate than subjective damages, such as pain and suffering.
Some examples are:
- Hospital bills.
- Emergency room care.
- Doctor’s fees.
- Ambulance charges.
- Surgeries.
- Rehabilitation & physical therapy.
- Medications.
- Long-term medical treatment.
- Mental health counseling.
- Missed wages.
- Loss of future income.
- Repair or replacement of damaged properties.
- Wrongful deaths.
To prove these damages, you’ll need to gather and present evidence like receipts and invoices for your medical treatments and medications, among others. Lost earnings can be verified by documents such as missed payrolls, payslips, and employment records.
If you need assistance collecting or organizing this evidence, our Bakersfield big rig accident attorneys can help coordinate with medical providers, insurance representatives, and employers to compile the necessary documentation and connect your losses to the accident.
Non-Economic Damages
Non-economic damages are intangible losses that victims experience in a big rig collision. Unlike economic damages, which can be calculated based on concrete monetary losses, non-economic damages are more subjective and vary greatly from case to case. Although difficult to estimate, they still need to be paid to help victims cope with the consequences of the accident.
Non-economic damages encompass the following:
- Pain and suffering.
- Emotional distress.
- Anxiety.
- Disfigurement and scarring.
- Disrupted marriage.
- Loss of enjoyment of life.
- Loss of confidence.
- Loss of consortium.
California law doesn’t limit the amount of non-economic damages that can be awarded for a truck accident case.
To evaluate non-economic losses, our Bakersfield big rig accident lawyers often review medical and mental health records and may consult professionals such as medical doctors, psychologists, or rehabilitation specialists. Their assessments and expert opinions help provide a clearer picture of how the accident has affected your daily life, emotional well-being, and overall quality of life.
What To Do After A Big Rig Accident In Bakersfield
Crashes involving big rigs can occur at any time. When these unfortunate incidents arise, you should know what to do next so that you won’t jeopardize your legal capacity to seek damages. Here are some steps you can take after a crash:
- Prioritize Your Safety — Move to a safer area, away from approaching traffic and potential hazards. Turn on your hazard lights to alert other drivers. Don’t try to flee the scene, as you might get hit-and-run charges.
- Check for Injuries — If you suffer bodily harm, call 911 immediately for emergency medical assistance. Even if you think you’re not hurt, seeking medical help is still important; some injuries may not be immediately apparent.
- Call the Police — Inform the law enforcement authorities about the incident, including the injuries and property damage you incurred. They can draft a detailed accident report that explains the collision. This document can be useful when you decide to start processing your claim.
- Document the Accident Scene — Take photos and videos of the accident site, your injuries, vehicle damage, skid marks, and road conditions.
- Take Note of Vital Information — Exchange details with the truck driver and other parties involved in the accident. Record their names, contact numbers, vehicle registration, and insurance details.
- Report to the Insurance Companies — Provide the basic details, such as when, why, and how the big rig crashed into your car. However, don’t admit fault or share too much information.
- Contact a Big Rig Accident Attorney — Speaking with a Bakersfield attorney can help you understand your legal options, coordinate necessary documentation, and navigate the claims process.
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
Big Rig Accident Statistics
The number of big rig accidents has risen over the past few years. Based on the data published by the National Highway Traffic Safety Administration (NHTSA) in 2021, traffic incidents involving these large vehicles caused the deaths of 5,788 individuals. This figure reflected a 17% increase from the 4,945 fatalities in 2020. The same report noted that 72% of the victims were occupants of other vehicles.
Furthermore, the report mentioned that 78% of the fatal big rig crashes happened on weekdays, from 6:00 AM to 5:59 PM. Three percent of big rig drivers were found positive for a blood alcohol content (BAC) of 0.08 grams per deciliter (g/dL) or higher.
The rising number of big rig accident victims remains a pressing concern throughout California.
Frequently Asked Questions (FAQs) About Big Rig Accidents
Do I Need A Lawyer For My Big Rig Accident Case?
After a big rig accident, you’re probably wondering, “Do I need a personal injury lawyer?” The answer depends on the circumstances of your case.
Big rig accident cases are often more complex than typical auto accidents. They may involve multiple parties, trucking regulations, and significant damages. Insurance companies and trucking companies also have their own interests, which can make the process difficult to manage alone.
Given these challenges, consulting with our experienced Bakersfield big rig accident attorneys can help you better understand your rights, evaluate your options, and navigate the claims process. Our lawyers can review your case, identify potential avenues for seeking compensation for damages, and handle communications with insurers and other parties on your behalf.
Should I Talk First To The Trucking Company Before Calling My Lawyer?
If you are involved in a big rig accident, it is generally advisable to speak with a Bakersfield big rig accident attorney before talking to the trucking company or their insurance provider or accepting an offer from them.
Trucking companies and insurers typically aim to resolve claims quickly while limiting the amount they may have to pay. Their representatives are focused on the company’s interests, not yours.
A qualified attorney can explain your legal options, guide you on what information to share, and help coordinate any necessary communications with insurers. This approach can help you make informed decisions about your claim.
Can You Sue If A Loved One Died In A Big Rig Accident?
If a family member dies in a big rig accident, certain relatives may have the right to pursue a wrongful death claim. This type of legal action can help pursue damages related to the loss, which may include the following:
- Funeral costs.
- Burial expenses.
- Emotional pain & suffering.
- Loss of future financial support.
- Loss of companionship.
- Loss of parental guidance.
- Household services the deceased could have provided, like cleaning, cooking, and home repairs.
If you are considering a wrongful death claim following a big rig accident, our Bakersfield attorneys can carefully review the circumstances, clarify how the law applies to your situation, and guide you through the steps of pursuing damages under the law.
Can I File A Case Even If I Am Partially Liable For A Big Rig Accident?
Yes, you may still file a claim even if the court determines you share some responsibility for a big rig accident. California follows a pure comparative negligence rule, which means each party’s share of fault is considered when awarding damages.
For example, if a court deems you 31% responsible for a big rig crash and the value of your damages is originally set at $140,000, you may obtain payment for your damages up to 69% or $96,600.
Since insurance companies may highlight shared fault, a Bakersfield big rig accident lawyer can review the facts, assess liability, and help document your losses as you move through the claims process.
How Long Do I Have To File My Big Rig Accident Case?
In California, the general rule is to file a lawsuit within two years of the accident date. However, certain circumstances can affect this deadline. For example, if the plaintiff is a minor, the two-year timeframe is tolled or paused until they turn 18.
Here are some other exceptions:
- The injuries were discovered late.
- The defendant is living out of state.
- The defendant is serving a sentence in jail.
- The defendant is mentally incapacitated.
Consulting a knowledgeable big rig accident attorney in Bakersfield can help clarify the applicable time limits for your case and guide you through the filing process. Missing the deadline could affect your ability to pursue compensation for damages.
Can An Undocumented Immigrant File A Personal Injury Claim After A Big Rig Accident In Bakersfield?
Yes. If you’re an undocumented immigrant injured in a big rig accident in California, remember that you have the same right as any other resident to file personal injury claims and lawsuits without fear of deportation. State law prohibits inquiring about a plaintiff’s immigration status in court and prevents its use as a defense tactic.
Consult A Big Rig Accident Lawyer In Bakersfield
Big rig accidents are unpredictable, and you never know when you might encounter one. If you or your loved one gets injured in a big rig accident, our lawyers in Bakersfield are here to help.
Our legal team offers compassionate legal services regardless of immigration status. We advocate for the rights of our clients and help them pursue compensation for damages under California law. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form for a free case review.
Our Bakersfield lawyers also handle cases involving motorcycle accidents, hit-and-run accidents, bicycle accidents, dog bites, and more.
Besides Bakersfield, our law firm also extends services to nearby cities and locations, such as Oildale, Lamont, Arvin, Shafter, Wasco, Taft, Delano, Tehachapi, Porterville, Lindsay, Corcoran, Tulare, Exeter, Farmersville, and Fillmore.
