Bakersfield Tractor Trailer Accident Lawyers
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Our Bakersfield Tractor Trailer Accident Lawyers Offer Clear Advice For Your Legal Journey
You could be driving peacefully and suddenly find yourself in a tractor-trailer accident. If that happens, our Bakersfield tractor-trailer accident lawyers can explain your rights and legal options. We can help you pursue fair compensation for your injuries and losses. Call us at (888) 488-1391.
The weight disparity between a tractor-trailer, which can weigh up to 80,000 pounds, and an average car (3,000 to 4,000 pounds) can lead to devastating injuries, even at low speeds. We understand the range of damages you may face, including medical bills, lost wages, and pain and suffering. Our Bakersfield tractor-trailer accident lawyers can handle the legal aspects of your case while you focus on healing. We provide legal representation and support throughout the claims process.
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
How Our Bakersfield Tractor-Trailer Accident Lawyers Help
Filing a tractor-trailer accident claim in Bakersfield can be complex, especially when facing large trucking companies and their insurers. Many individuals may not have the legal resources or experience needed to handle these cases effectively. Legal representation can help level the playing field and help you seek appropriate compensation for damages.
Our Bakersfield injury law firm can help you after a tractor-trailer accident in the following ways:
- Determining liability by thoroughly investigating the cause of the accident.
- Coordinating with qualified healthcare providers to help you access the necessary treatment.
- Working with economic consultants to calculate the extent of your damages, including future medical expenses, lost wages, and other losses.
- Evaluate every avenue for pursuing the compensation you may be entitled to.
- Offering a contingency fee arrangement so you don’t pay any attorney’s fees unless compensation is obtained. Please note that certain case-related costs may still apply.
Our Bakersfield tractor-trailer accident lawyers offer a free initial consultation to discuss your situation and assess whether legal action may be appropriate. Tractor-trailer accidents often involve complex legal and factual issues, and having informed legal guidance can help you navigate each step with clarity.
Common Causes Of Tractor-Trailer Accidents
Driving near large commercial trucks in Bakersfield requires extra caution. These vehicles have longer stopping distances, larger blind spots, and are more difficult to maneuver than passenger cars. Even when other drivers take appropriate precautions, tractor-trailer accidents can still occur due to factors beyond their control.
Based on the cases handled by our Bakersfield accident lawyers, here are some of the common causes of tractor-trailer collisions:
- Distracted Driving — Tractor-trailer drivers may occasionally use their phones while driving, along with other distractions such as eating, drinking, and external factors like billboards. Even brief lapses in attention can lead to serious accidents.
- Driver Fatigue — Although federal hours-of-service rules limit how long a trucker can drive without rest, fatigue remains a leading factor in many crashes. Long shifts and tight delivery schedules can result in impaired driving.
- Poor Vehicle Maintenance — Brake failures, worn tires, and other mechanical issues can arise when trucking companies or maintenance providers neglect routine inspections or repairs.
- Unsecured Loads — When loads aren’t properly secured, they can shift, fall, or cause the truck to become unstable, especially during turns or sudden stops.
- Alcohol or Drug Use — Substance use can impair a driver’s coordination, judgment, and reaction time. When a tractor-trailer driver is under the influence, the risk of causing a serious accident increases significantly.
Our truck accident attorneys investigate the specific cause of each crash by reviewing maintenance records, black box data, driver logs, accident reports, and other available evidence. We work with qualified professionals in trucking regulations, accident reconstruction, and medical care to build a detailed understanding of what happened and who may be liable.
This thorough approach helps position your case for an informed legal strategy, whether through insurance negotiations or court proceedings.
Hurt In A Tractor-Trailer Accident
Types Of Tractor-Trailer Accidents And Associated Injuries
Various types of tractor-trailer accidents can result in severe injuries or fatalities, each presenting unique challenges in terms of physical impact and legal complexities.
- Wide Turn Accidents — These occur when a tractor-trailer swings out and may hit vehicles in adjacent lanes. A common scenario is the “squeeze play,” where a vehicle attempts to pass a truck making a right turn. As the truck shifts left, the vehicle might think it’s changing lanes. When the truck then swings right, the car can get trapped between the truck and the curb, potentially leading to severe injuries.
- Rollover Accidents — Tractor-trailers have a high center of gravity, making them prone to tipping over, particularly on sharp turns at high speeds, often leading to serious injuries such as broken bones, traumatic brain injuries, and significant destruction to other motorists.
- Jackknife Accidents — These occur when a tractor-trailer brakes abruptly, causing its trailer to swing out at a 90-degree angle, resulting in severe injuries or fatalities, including spinal cord injuries and crush injuries.
- T-Bone Accidents — These collisions happen when a tractor-trailer jumps a red light or stop sign, colliding perpendicularly with another vehicle, causing brain injuries, facial injuries, and fatalities due to the severe impact.
- Blind Spot Accidents — Tractor-trailers have large blind spots, referred to as “no-zones,” where other vehicles can disappear from the truck driver’s view. Failing to check these areas before changing lanes or making turns can lead to collisions, resulting in soft tissue injuries and whiplash.
- Tire Blowout Accidents — If a truck’s tire blows out, it can veer uncontrollably, leading to collisions with other vehicles. These big-rig accidents can cause burn injuries, nerve damage, and lacerations.
If you’ve been injured in a tractor-trailer accident, our Bakersfield truck accident lawyers can help investigate the type of crash, determine liability, and build a case supported by evidence. By handling the legal complexities, we aim to help you move forward with a clear understanding of your rights and options.
Potentially Liable Parties In A Tractor-Trailer Accident
Tractor-trailer accidents often involve multiple parties who may share responsibility. Identifying all liable parties is crucial to building a strong case and pursuing appropriate compensation. At Arash Law, we have pursued damages from the following parties in tractor-trailer accidents:
- The Driver — Tractor-trailer operators have responsibilities on the road similar to those of automobile drivers. A driver may be held liable if careless or reckless behavior causes an accident resulting in serious injury.
- The Trucking Company — Employers can be held responsible under certain circumstances, such as negligent hiring, training, supervision, or creating unsafe working conditions that contribute to an accident.
- Cargo Handlers — Cargo loaders can be held responsible for an accident when their negligence in loading or securing the cargo contributes to the crash.
- Vehicle or Parts Manufacturers — Vehicle or parts manufacturers can be liable for a truck accident if a defect in the truck or its components contributes to the crash. This falls under product liability law, which holds manufacturers accountable for harmful and defective products.
Our Bakersfield tractor-trailer accident lawyers investigate all aspects of the crash to identify every potentially liable party. We gather evidence and work to hold all responsible parties accountable by handling negotiations with insurance companies and, if necessary, pursuing claims in court. Throughout the process, we provide guidance on your legal options and aim to protect your rights while seeking fair compensation for your injuries and losses.
Proving Negligence In Tractor-Trailer Accidents
In order to pursue compensation following a tractor-trailer collision, you will either have to show that the responsible party was negligent in their actions or that they acted with the intent to cause harm. Proving negligence generally involves demonstrating four key elements:
- Duty of Care — To establish fault, you must show that the responsible party owed you a duty of care. For example, truck drivers have a duty to operate their vehicles safely, while trucking companies must hire qualified drivers, provide adequate training, and maintain their fleets properly.
- Breach of Duty — To establish negligence, it’s essential to show that the responsible party breached their duty of care. Evidence that a manufacturer took shortcuts in production or failed to conduct adequate safety testing can support a breach of duty in personal injury claims.
- Causation — Next, you have to demonstrate that the party’s breach of their duty of care to you directly caused the losses you suffered.
- Damages — Finally, you have to prove that you suffered injuries and other losses. You need to present documentation such as medical records, medical bills, or vehicle repair estimates to provide proof of the harm you sustained.
So what if you were partially at fault for the accident? In California’s pure comparative negligence system, you can still seek compensation even if you’re partially at fault for an accident. Your compensation will be reduced according to the percentage of your fault. For example, if you’re found 20% at fault, your total compensation will be reduced by the same percentage.
Types Of Compensation You Can Pursue In An Accident
California’s personal injury laws allow victims to pursue compensation for their losses, which typically fall into two categories: economic damages and non-economic damages.
Economic damages are designed to compensate you for the financial losses you have suffered as a direct result of the accident. These are tangible expenses and can be calculated with relative precision based on bills, invoices, and other documentation. Some examples are:
- Property damage
- Medical expense
- Long-term care
- Home modifications
- Mental health counseling
- Lost wages
- Loss of future income
- Physical rehabilitation
Non-economic damages compensate you for the more subjective, non-monetary losses you’ve experienced. These damages are harder to quantify as they relate to the emotional and psychological toll the accident has on your life. Here are some examples:
- Scarring and disfigurement
- Loss of enjoyment of life
- Emotional distress
- Anxiety
- Loss of consortium
- Pain and suffering
If you need assistance estimating the value of your claim, our Bakersfield tractor-trailer accident lawyers are ready to help. We are committed to helping you seek a fair settlement, taking into account the effects the collision has on your life and well-being.
Steps To Take After A Tractor-Trailer Accident
Following a tractor-trailer accident, the actions you take can help safeguard your health, finances, and potential claim. Here are recommended steps to consider:
- Check for Injuries — Assess yourself and others for injuries; call 911 if needed.
- Move to Safety — If safe, move vehicles off the road and turn on hazard lights.
- Collect Evidence — Take photos, gather vehicle and scene details, and exchange insurance info. Here’s a list of other evidence you’ll need for your case:
- Accident Report — Contains key details about the collision, including vehicle information, driver statements, and the officer’s fault assessment.
- Photos — Visual evidence of the accident scene, vehicle damage, and injuries, highlighting the accident’s severity.
- Electronic Logs — Data from ELDs show if truck drivers complied with federal regulations on work hours and breaks.
- Witness Statements — Eyewitness accounts that support your version of events and help establish liability.
- Phone Records — Cell phone data can reveal if the truck driver was distracted at the time of the accident.
- Blood or Breath Tests — Tests that measure blood alcohol content to determine if the truck driver was under the influence during the accident.
- Seek Medical Attention — Even if you feel fine, it’s essential to see a doctor, as some injuries may not be immediately apparent.
- Inform Your Insurer — Notify your insurance company with factual details about the accident.
- Hire a Tractor-Trailer Accident Attorney — Consider working with a Bakersfield tractor-trailer accident lawyer to help you understand your legal options and guide you in pursuing fair compensation for damages.
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
Understanding The Statute Of Limitations For Tractor-Trailer Accident Cases
Victims of car accidents and tractor-trailer collisions face strict time limits for filing claims. Under California law, you generally have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, you may lose the right to seek compensation, regardless of how strong your case may be.
However, there are exceptions that can extend or shorten this period:
- If the claim involves a government entity (e.g., a city-owned vehicle), you typically must file an administrative claim within six months of the incident.
- If the injured party is a minor, the two-year clock may not start until they turn 18.
- In cases where injuries were not immediately apparent, the statute may begin on the date the injury was discovered or reasonably should have been discovered (a rule known as the discovery rule).
Because these timelines can be complex, it’s important to speak with an attorney early. Our Bakersfield tractor-trailer accident lawyers can help you understand how the statute of limitations applies to your situation, gather time-sensitive evidence, and begin the legal process without delay.
Truck Accident Statistics
According to the National Safety Council, 5,375 big trucks were involved in fatal accidents in 2023, which is an 8.4% decrease from 2022, but still 43% higher than a decade ago. Since 2021, the rate of involvement has increased by 3% per 100 million miles traveled and by 24% in the last decade. Large trucks were responsible for 6% of all vehicles involved in fatal collisions and 10% of total vehicle miles traveled.
In 2022, 120,200 large trucks were involved in collisions that resulted in injuries, marking a 2.5% increase from the previous year. The number of large trucks in injury-related collisions has gone up by 18% since 2016, and the involvement rate per 100 million miles traveled has increased by 5.7% to 37.
Furthermore, there were 5,936 fatalities resulting from large truck crashes, representing a 2% increase from the previous year and a staggering 49% rise over the past decade. The majority of these fatalities involved occupants of other vehicles, accounting for 70% of the deaths. Truck occupants comprised 19% of the fatalities, while non-occupants, primarily pedestrians and bicyclists, made up the remaining 11%.
Frequently Asked Questions
How Much Do Tractor-Trailer Accident Lawyers Cost?
Many tractor-trailer accident lawyers in Bakersfield work on a contingency fee basis, which means clients don’t pay attorney’s fees unless compensation is obtained. Please note that certain case-related costs may still apply.
What Is My Tractor-Trailer Accident Case Worth?
The value of a tractor-trailer accident case depends on several factors, including medical expenses, lost income, pain and suffering, and property damage. Cases involving more serious or long-term injuries may result in significant compensation. A Bakersfield tractor-trailer accident lawyer can evaluate the details of your case, identify potential damages, and help you pursue appropriate compensation.
Does Federal Law Play A Role In A Tractor-Trailer Accident Claim?
Federal law plays a key role in tractor-trailer accident claims, as the trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). Important regulations include maintenance requirements, service hour restrictions, and driver qualification standards. Violations of these can help establish negligence in an accident case. Our Bakersfield tractor-trailer accident lawyers will investigate any potential federal law infractions to support your case.
Will My Tractor Trailer Case Go To Trial?
Many personal injury cases are settled out of court between insurance companies and victims. A car accident lawyer may resolve the case through negotiations or mediation, saving time and money. Whether a tractor-trailer case goes to trial depends on the specifics and the parties’ willingness to negotiate. If a fair settlement isn’t reached, a trial may be necessary. Experienced Bakersfield tractor-trailer attorneys can handle negotiations on your behalf and represent you in court if necessary, advocating for fair compensation for damages.
Should I Accept An Insurance Settlement For My Tractor-Trailer Accident Claim?
It’s advisable to consult a lawyer before accepting a settlement, as doing so waives your right to seek further compensation for injuries or damages. Once accepted, you usually cannot request additional funds if injuries or losses are greater than initially thought. Our Bakersfield tractor-trailer accident lawyers can review the terms of the offer, evaluate whether it reflects the full extent of your damages, and advise you on the appropriate course of action.
How Do I Know If I Have A Valid Claim Following The Accident?
Determining whether you may have a valid claim depends on several factors, including the cause of the accident, the extent of your injuries, and who may be legally responsible. A tractor-trailer accident attorney in Bakersfield can examine the facts of your case, identify potentially liable parties, and help you understand your legal options. Prompt legal guidance can also help preserve evidence and protect your rights.
I Lost A Close Family Member In An Accident. Can I Sue Those Responsible?
Yes. If a close family member died in an accident caused by someone else’s negligence or wrongful actions, you may be eligible to file a wrongful death claim under California law. Eligible parties typically include spouses, children, and, in some cases, parents or other dependents.
A wrongful death claim can seek compensation for both economic and non-economic losses, such as:
- Funeral or burial costs.
- Loss of parental supervision.
- Loss of support and companionship.
- Loss of future financial assistance.
- Loss of household services the deceased supplied (such as cooking, cleaning, and home repairs).
Our Bakersfield tractor-trailer accident attorneys can help you understand your legal rights and options following a fatal crash. We can assist with the investigation, identify liable parties, and guide you through each step of the claims process.
Consult Our Tractor-Trailer Accident Lawyers In Bakersfield
If you’re injured in a tractor-trailer accident, consulting with a personal injury law firm can help you better understand your legal rights and options for seeking compensation. Our team at Arash Law has handled complex truck accident cases across California and is prepared to assist with your claim.
Our Bakersfield tractor-trailer accident attorneys can handle the legal matters of your case and advocate on your behalf. We aim to build a strong case and guide you through the legal process while you focus on your recovery.
Call us at (888) 488-1391 for a free initial consultation. We handle a wide range of vehicular crashes, including bicycle accidents, pedestrian accidents, motorcycle accidents, hit-and-run accidents, and collisions involving ridesharing services like Uber and Lyft. Our lawyers also work on personal injury cases involving slip and fall accidents, dog bites, and more.
We extend our services to neighboring locations, including Arvin, Corcoran, Delano, Exeter, Farmersville, Fillmore, Lamont, Lindsay, Oildale, Porterville, Shafter, Taft, Tehachapi, Tulare, and Wasco.
