Bakersfield Big Rig Accident Lawyers
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Bakersfield Big Rig Accident Lawyers Get Compensation For Your Injuries
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. You can hold the negligent parties accountable if a big rig hits you. Our Bakersfield big rig accident lawyers can help ensure you receive the compensation you deserve. Call us today at (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.
Contact our Bakersfield attorneys immediately if you or a loved one sustained injuries in a big-rig accident. Our law firm offers a contingency-based agreement, so you don’t have to worry about paying upfront fees. We’ll make sure you have a chance to fight for maximum compensation to cover all your 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 find yourself in this situation, reach out to our lawyers in Bakersfield, specializing in big rig accidents. We can guide you in 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 regarded as one of the biggest personal injury law firms in Bakersfield and across California. We pride ourselves on our meticulous approach to building solid cases through comprehensive investigation, expert witness collaboration, and thorough discovery processes. That’s why when you choose our Bakersfield lawyers for your big rig accident claim, you can trust that you’re making the right decision.
Our powerhouse team offers legal services that come with the following advantages:
- Comprehensive Experience — Our attorneys have many decades of combined experience representing clients in big rig accident lawsuits. This extensive background makes us well-versed in trucking industry laws, which we use to establish the negligence of at-fault parties, including truck drivers and trucking companies.
- High Win Rate — Our personal injury law firm has consistently achieved a 99% success rate handling different cases, including big rig accidents. We’ve always been committed to achieving justice, ensuring our clients receive full and fair compensation from responsible parties.
- Contingency-Based Arrangement — Our Bakersfield lawyers working on big rig accident cases provide contingency-based services. You won’t have to pay us anything until we secure a settlement or verdict for you. We also offer a free initial consultation where you can get to know more about our skills and capabilities, as well as your rights and legal options.
- Powerful Representation — Our personal injury attorneys are also adept negotiators and litigators who can aggressively deal with insurance companies. We aim to secure the highest possible compensation for your injuries and damages. If they refuse to compromise, we are prepared to take your case to court to further advocate for your interests.
With our Bakersfield big rig accident lawyers on your side, you can expect your case to be handled competently.
What Can Our Big Rig Accident Attorneys Do For Your Case?
Our big rig accident attorneys in Bakersfield will spare no effort to obtain compensation for your injuries. We understand that being involved in any traffic incident is a distressing experience, even more so when it involves a large vehicle like a big rig. We assure our clients of relentless support during this difficult time.
Our legal advocates will handle all the legwork and deal with the intricacies of the legal system. We will also build a compelling case that takes into account all your losses, including medical bills, property damage, lost wages, and emotional distress.
During the claims process, our truck accident lawyers won’t just find out who hit whom. We will also investigate what caused the big rig collision, whether it’s due to an overworked trucker or an unethical truck company. That way, we will determine who is negligent and legally liable for your damages.
Furthermore, our legal team will negotiate with insurers, keeping your best interests in mind. If we don’t resolve your case out-of-court, we are prepared to assert your rights in front of a judge or jury. Our truck crash attorneys will present compelling evidence to prove how your injuries have significantly impacted your well-being.
For our Bakersfield big rig accident lawyers, this legal battle goes beyond seeking thousands or millions of dollars to compensate for your bodily harm. We are seeking justice for the pain and suffering you endured. We understand how this accident can lead to disrupted lives, as you’re forced to spend hours with doctors and deal with the legal system instead of cherishing moments with your loved ones.
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 into 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 are deemed liable for the negligence displayed by 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 who’s responsible is often challenging since no one normally wants to take the blame. Our lawyers in Bakersfield can help you with this concern regarding your big rig accident claim. Over the years, we have honed our skills in investigating every aspect of the accident, allowing us to determine the parties involved and their contributions 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. Our Bakersfield attorneys always consider these statutes in every big rig accident claim we take on:
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 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.
We know remembering all trucking laws is overwhelming. Being well-versed in these regulations, our Bakersfield big rig accident lawyers can explain how these laws apply to your case.
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 requires the expertise of big rig accident attorneys in Bakersfield. Contact us now at (888) 488-1391 so we can obtain and evaluate data from these crucial records.
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 — Despite the strict implementation of Hours of Service (HOS) rules, many big rig drivers extend their operating hours due to time pressure. As a result, they get overworked and exhausted, causing them to lose focus on the road.
- 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 a victim of an impaired trucker, get in touch with our DUI accident lawyers. We can help you hold all the responsible parties accountable.
- 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, contact our lawyers in Bakersfield immediately. We will assist you in determining what caused the incident and use the information to establish the responsible parties’ negligence.
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 & brain injuries
- Spinal cord injuries
- Crush injuries
- Internal injuries
- Nerve damage
- Soft tissue injuries
- Amputations
- Fractures
- Cuts & lacerations
- Disfigurements
- Scars and burns
- Wrongful deaths
- Post-traumatic stress disorder (PTSD)
Most often, these injuries require extensive treatment to heal completely. However, medical interventions nowadays can cost thousands of dollars.
Consult our Bakersfield lawyers if you sustain any of these injuries following a big rig accident. We will help you hold negligent parties accountable and seek compensation for your damages. We will take care of all the legal tasks to ease your burden and give you ample time to rest and recover.
Establishing Negligence In A Big Rig Accident
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 must only hire drivers with a clean driving history and ensure their vehicles are 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 or driving while texting or impaired. Truck companies can also breach their duty of care by failing to implement thorough hiring processes, conduct background checks, provide safety training, and ensure 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 is a complicated process. Call our Bakersfield big rig accident attorneys to help you gather evidence to demonstrate each element.
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 recover damages resulting from the incident.
Throughout the years, our big rig accident lawyers in Bakersfield have successfully secured the following damages for our clients:
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 have difficulty obtaining this evidence, approach our Bakersfield attorneys for big rig accidents. We can collaborate with our medical partners and contact your employer on your behalf to obtain the necessary documents.
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. That is why non-economic damages make up a significant portion of a victim’s final settlement or verdict.
You can rely on our Bakersfield big rig accident lawyers to ensure these losses are not undervalued. We will thoroughly assess the extent of your pain, suffering, and other mental and emotional damages to determine a suitable value.
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 recover damages.
Our attorneys in Bakersfield strongly suggest that you take the following steps after a big rig accident:
- 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 Arash Law At (888) 488-1391 — Let our qualified Bakersfield big rig accident lawyers manage your case, protect your rights, and seek maximum compensation for your injuries and other damages.
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 .08 grams per deciliter (g/dL) or higher.
The rising number of big rig accident victims remains a pressing concern throughout California. Our Bakersfield big rig accident attorneys are dedicated to assisting injured victims in obtaining the justice and compensation they deserve.
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?” You should know that the most honest answer to this is yes.
You must seek legal guidance from a competent Bakersfield attorney, especially if you suffered serious injuries or significant losses in a big rig accident. Cases like this are complex, and navigating them requires the expertise of legal advocates with decades of experience winning settlements and verdicts.
Unlike typical auto accidents, big rig crashes often result in catastrophic injuries and losses, potentially leading to larger compensation. They may also involve multiple liable parties. You may encounter insurance companies and big trucking corporations employing dirty tactics to delay or reject your claim. With all these factors, top-notch legal representation is even more crucial.
If you’re thinking about where to find the best attorneys for your claim, call Arash Law at (888) 488-1391. Our Bakersfield big rig accident lawyers know the ins and outs of all the relevant laws and possess excellent negotiation skills.
Should I Talk First To The Trucking Company Before Calling My Lawyer?
If you get into a big rig collision, consult the best big rig accident lawyers in Bakersfield first before talking to the trucking company and their insurance provider or accepting an offer from them.
Keep in mind that private corporations primarily focus on resolving claims quickly and at minimal cost. Since they are profit-driven, their goal is to avoid paying out large settlements. When they communicate with you, they represent their interests, not yours.
Our Bakersfield big rig accident attorneys will protect your rights and interests. We will handle all communications, including negotiations with their insurers. We will fight tirelessly to obtain the best possible outcome in your case.
Can You Sue If A Loved One Died In A Big Rig Accident?
If you are the legal heir of a victim who died in a big rig accident, you may be eligible to file a wrongful death claim. Pursuing this legal action will help you recover damages for the sudden death of your loved one. These 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 plan to pursue such a case, speak with our big rig accident attorneys in Bakersfield. We also specialize in wrongful death, so you can expect a higher chance of winning your claim.
Can I File A Case Even If I Am Partially Liable For A Big Rig Accident?
You may still file a case and hold the responsible parties liable for your damages, even if you’re partially at fault for a big rig crash. California’s legal system employs a pure comparative negligence rule, which ensures all parties who contributed to the accident are held accountable. The same legal doctrine allows plaintiffs to seek compensation for their losses even if they are 99% liable. However, their compensation will be reduced in proportion to their degree of fault.
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.
Unfortunately, many insurance companies and big corporations take advantage of this rule. To minimize their payouts, they try to shift the blame to the victims. Our Bakersfield lawyers, who specialize in big rig accidents, can help you counter their tactics. We will closely examine the incident to determine the extent of your liability and advocate for the maximum compensation you’re owed.
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
It’s important to consult with a knowledgeable big rig accident attorney in Bakersfield to ensure your case is filed within the appropriate time frame. Missing the deadline could result in losing your right to seek compensation.
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 The Big Rig Accident Lawyers Bakersfield Has To Offer
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, consult our lawyers in Bakersfield immediately.
Our legal team offers compassionate service like no other. We are always committed to fighting for the maximum compensation and justice you deserve. Book a free case review now. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form.
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.
