Berkeley Truck Accident Lawyers
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Our Truck Accident Lawyers Are Committed To Helping Injury Victims Across Berkeley
Berkeley truck accidents can be extremely dangerous. These crashes involve massive and heavy vehicles, like buses, tanker trucks, delivery trucks, oversized loads, logging trucks, tractor-trailers, and semi-trucks. If you were recently injured in one, you can call our Berkeley truck accident lawyers at (888) 488-1391 or reach out to us online to schedule a free, no-obligation first case evaluation. We look forward to hearing from you!
Accidents involving large trucks also tend to involve private companies and governmental entities. These factors make truck accident personal injury lawsuits very complex. If you or a loved one has been injured in a truck accident, you may need an attorney. The legal team at Arash Law, under the leadership of Arash Khorsandi, Esq., has helped many clients pursue fair compensation after a truck accident. Contact our Berkeley truck accident lawyers to learn more about your rights to compensation after a crash.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.
– ARASH KHORSANDI
Why You Need Berkeley Truck Accident Lawyers For Accidents Involving Large Trucks
Federal guidelines for truckers and trucking companies apply to everyone in the industry. Accidents with large trucks usually happen when trucking companies neglect to obey these rules.
Truck accidents may get confusing very quickly. An attorney can help cut through the noise after an accident.
Berkeley Truck Accident Statistics
Large trucks and commercial vehicles are much heavier than normal-sized passenger vehicles. The size difference alone can make the impact of a truck crash significantly more dangerous than accidents involving only passenger vehicles. Most large trucks weigh up to 80,000 pounds, and most cars weigh 5,000 pounds in comparison.
According to the National Highway Traffic Safety Administration (NHTSA), the number of deadly traffic accidents involving large trucks has increased over the past several years. Recently, 4,800 people have lost their lives in traffic accidents involving large trucks. The NHTSA defines commercial or “large trucks” as any vehicle that weighs at least 10,000 pounds.
Types Of Truck Accidents In Berkeley
There are various types of truck accidents that happen in Berkeley. An experienced truck accident attorney can help you pursue the damages that you incurred. Common types of Berkeley truck accidents include the following:
- Defective truck equipment accidents
- T-bone trucking accidents
- Brake failure accidents
- Head-on collisions
- Override accidents
- Underride accidents
- Rollovers
- Jackknife accidents
- Rear-end collisions
After getting into one of these accidents, having a legal advocate on your side can help you discover the actions you may be able to take. If you or a loved one has been injured in a truck accident, contact an experienced Berkeley truck accident attorney so they can address any questions or concerns you may have.
Common Causes Of Berkeley Truck Accidents
There are multiple possible causes of truck accidents. Mostly, traffic accidents that involve large trucks stem from driver negligence. Here are some of the most common causes of truck accidents in Berkeley.
Trucking Company Negligence And Employee Negligence
The trucking company may be found negligent for causing the accident if it pushes its drivers to work past federal service limits, fails to train them, hires unqualified drivers, or upholds negligent hiring practices, to name a few examples.
Failure To Maintain A Proper Lookout
Drivers of trucks and other vehicles must pay careful attention to what is going on around them. If they don’t, they may cause accidents through what is called “failure to maintain a proper lookout.” Taking their eyes off the road, even for a moment, may lead to driver errors.
Aggressive Driving
Aggressive driving often leads to road rage accidents. It is also one of the most common reasons that truckers get into traffic collisions. Aggressive driving includes behaviors that are seen as hostile and show disregard for safety laws. Drivers are usually aggressive as a response to personal stressors like being angry, impatient, or running late.
Faulty Manufacturing And Mechanical Failure
Sometimes, vehicle manufacturers do not use quality materials to manufacture trucks. Design flaws are sometimes the cause of accidents and can make trucks more susceptible to different types of accidents.
Federal trucking regulations require companies to follow proper maintenance schedules and regularly inspect their trucks for defects. Because of their size, commercial trucks require complex equipment to help them function properly. If any components malfunction, there may be a serious safety risk. Something as small as a broken headlight can cause an accident.
Truck drivers serve as another line of defense to ensure that the trucks are safe before they hit the road. Federal regulations also require that truck drivers inspect their rigs before they start deliveries. Drivers must fix all mechanical failures before taking the truck out on the road again.
A product liability claim may be available if neither the truck driver nor the company can find a defective part through a reasonable investigation. Product defect lawsuits are rare, but the option is available to victims who may need to hold the manufacturer liable for the defect and the accident.
Jackknifing
Jackknifing happens when a commercial truck takes a turn too quickly, and the trailer makes contact with an oncoming driver. Jackknifing accidents typically happen when weather conditions are wet or icy, but these types of crashes can also happen when a trailer is empty and the driver brakes too hard.
Driver Fatigue
Fatigued driving is common in the trucking industry. Truck drivers are under a lot of pressure to meet tight deadlines for deliveries. It can be tempting for drivers to continue their routes even without adequate rest. Getting behind the wheel without proper rest can lead to serious injuries and deadly accidents. However, drivers of other vehicles may also drive while sleepy, which may lead to a traffic incident if they do so when sharing the road with trucks.
Improper Loading
Trucking companies must ensure proper loading of their trailers for the safety of their drivers and everyone else in traffic. An unbalanced load can lead to an accident that happens after a load is spilled across traffic, and lead to a multi-car accident.
Substance Abuse And Impaired Driving
Driving under the influence leads to deadly accidents every day. Though this behavior is observed across a wide range of road users, truck drivers, under the pressure of employers and deadlines, may be more likely to use amphetamines and other substances to stay awake for long periods. Trucking companies conduct drug tests to try to mitigate this issue. They may be found legally liable if they knowingly hire or retain a driver with a substance abuse issue.
Driving Above The Posted Speed Limit
It is dangerous to speed in any vehicle, but truck drivers who operate commercial trucks faster than the posted speed limit may pose a heightened risk on the road. The size of these rigs makes it difficult for drivers to stop quickly. Large trucks are harder to control, and the impact of crashes can lead to more serious accidents.
Other Careless Drivers
Sometimes, accidents happen because of another driver’s carelessness. When other drivers are careless around truck drivers, they put all drivers at risk of serious injury or death.
Large trucks cannot make quick and sudden maneuvers. If a careless driver recklessly changes lanes or slams on their brakes, a commercial truck may not be able to use defensive moves to avoid a crash.
Do I Really Need To Consult Attorneys After A Berkeley Truck Accident?
Seeking representation is often necessary if you have suffered injuries due to someone else’s negligence. Truck accidents, in particular, can be incredibly complex and require legal experience to navigate effectively.
Large truck accidents are typically different from normal crashes. There are usually multiple parties that may share liability for causing the accident. An attorney can help you identify and potentially hold accountable every responsible defendant in your case.
Who Can Be Held Responsible For Causing Truck Accidents In Berkeley?
Many parties may share responsibility for causing truck accidents in Berkeley. Therefore, your accident claim may have multiple defendants. In addition to naming every accountable party for an accident, it is equally important to assign a level of negligence to each individual and entity as you pursue compensation. Examples of a few parties that may share liability in a truck accident include the following:
- The Trucking Company — The trucking company does not always own trucks, but in cases where the truck involved in the crash is owned by the company, the trucking company may share liability for causing the accident. They may be legally liable if one of their drivers was working at the time the accident happened.
- The Truck Driver — In many cases, accidents happen because the truck driver was negligent. If so, then they may be held individually liable for the accident.
- The Truck Manufacturer — If a defective truck part caused an accident, the part manufacturer may be held responsible for the crash.
Discussing the details of your case with a qualified Berkeley truck accident attorney can help you pinpoint what may have caused your crash and assess each potential defendant’s level of negligence.
What Damages Can I Expect After A Truck Accident?
There are three categories of damages in traffic accident cases: economic, non-economic, and punitive. Economic and non-economic damages are compensatory, which means they are meant to repay a victim for the losses that they suffered because of the accident. Meanwhile, punitive damages are given out on rare occasions and are not meant to compensate an accident victim. Instead, they are awarded if the court finds that the defendant’s actions were extremely negligent or recklessly indifferent. Your attorney can help you understand your rights to any of the mentioned categories of damages.
Examples of economic damages include tangible and physical losses related to the crash:
- Current and future medical costs, including the cost of rehabilitation and medical equipment.
- Current and future lost wages and lost earning capacity. Lost earning capacity refers to the inability to return to the same type of work as you did before the accident, or you can no longer work at the same rate.
- Property damage and repair costs.
Examples of non-economic damage include intangible losses related to the accident:
- Mental anguish and trauma.
- Pain and suffering.
- Loss of enjoyment of life.
- Reduced quality of life.
Is My Settlement Fair?
Injured parties may face strong financial pressure after a truck accident. For example, you might need expensive medical treatment, but are unable to work to pay for it. Some accident victims have family members that they support, and they may not be able to do so after the accident.
In many cases, insurance companies may send you initial settlement offers that do not reflect the value of your losses. For this and the above reasons, you may wish to exercise your right to seek the damages you incurred.
Working with a lawyer can help you understand if your settlement is satisfactory. An experienced Berkeley truck accident attorney can help you review any settlement offers and compare them with the value of your damages. Doing so may help you decide if you are making the right choice regarding accepting a settlement offer.
What Can Berkeley Truck Accident Lawyers Do For Me?
The physical and financial results of a truck accident can last for years. A truck accident attorney can assist you in pursuing the compensation you need to mitigate the effects of the crash. One option you may have is to file a personal injury lawsuit to seek damages. If you have a valid claim, our Berkeley truck accident lawyers can help you in the following ways.
Gathering Evidence
You will need proof of the cause of the accident and your losses to support a truck accident lawsuit. In the aftermath of the accident, the victim may neglect to collect pertinent evidence that can help them prove the claims asserted in their lawsuit.
After you discuss the facts of your case and confirm its validity with your attorney, your legal team can begin assisting you with gathering and documenting pertinent evidence to back your claim. This may include:
- Radio recordings
- Black box data from the truck
- Logbooks from maintenance
- Accident reports
- Truck inspection reports
- Pictures of skid marks
- Photos from the accident scene
- Truck driver’s driving record
Help You Determine Liability
Liability is hard to assign in truck accidents. More than one party may be responsible for the crash. Your attorney can help you sort through the facts of the case to see who is liable and for what losses or injuries.
Assessing Damages For A Truck Accident Claim
You may not know how much you are entitled to pursue after a crash. An experienced Berkeley truck accident attorney will know how to evaluate your case and itemize your damages. Your attorney can then give you an estimate of the potential value of your claim.
Your attorney may review medical bill receipts, medical records, paychecks, and property damage estimates to come up with a tentative amount. This information can help you understand how much of a settlement to request.
Mitigate Damages
Plaintiffs are required to mitigate their damages after an accident. This involves taking steps to lower the cost of injuries, damages, and losses they may sustain after a crash. One of the first ways accident plaintiffs can mitigate their damages is to seek immediate medical treatment. Otherwise, the insurance company may argue that your injuries would not have been as bad if you had gone to the doctor sooner. It can also help to follow your treatment plan and get a second opinion about your prognosis, if possible.
Lastly, try not to exacerbate your injuries. Suppose you have a back injury after the truck accident. It may be unwise to do a lot of heavy lifting after the crash. It can make differentiating between the accident-related injury and any new injuries for settlement purposes challenging. If your doctor recommends that you return to work on light or reduced duty, consider following their instructions.
How Can I Preserve My Claim?
Since pursuing personal injury cases often involves dealing with conflicts of interest, it can become challenging for you to uphold your right to pursue a fair settlement during multiple parts of the claims process. An experienced personal injury attorney can help you in the following ways:
Refrain From Making Recorded Statements
Avoid giving a recorded statement to anyone without speaking to an attorney first. Insurance companies may ask you to provide such a statement about the accident. Complying might cause you to unknowingly admit fault for the truck accident you were in, which can hurt your case. In these cases, consider having a truck accident lawyer handle all case-related communications on your behalf.
Minimize Your Social Media Footprint
You should avoid posting pictures or updates while your case is pending, as they may take away from your case. For example, the photos and statuses that you post may be used as proof that your injuries are not as severe as you claim.
Keep A Personal Diary
Starting a daily journal is a good way to document your feelings and emotions in the aftermath of a truck accident. You can use your diary to describe your physical and mental struggles and how often you have them. Describe how your injury impacted your relationships, life, and work. Keeping a record of what you are going through can help you tell your story to your attorney, insurance company, and jury if your case goes to trial.
Seek Medical Treatment
It is important to seek medical treatment partially because the insurance company will review your medical records to determine whether you have been compliant with your doctor’s orders. It is not a good idea to skip doctor’s appointments or ignore their recommendations.
Document Accident-Related Medical Expenses
California law allows injury victims to seek economic damages, including medical care costs and other accident-related expenses. Document and save all physical proof of these losses, like medical bills, prescription costs, and other evidence of expenses, to support your claim.
Verdict for a client who was sideswiped by a commercial truck
– JUDD ROSS ALLEN
What Should I Do After Getting Into A Berkeley Truck Accident?
What you do after a truck accident is important. Assess the damage from the crash as soon as possible. Make sure that everyone is safe immediately after the crash. Call an ambulance and go to the hospital to get a full medical evaluation.
Report the incident to the police. California law requires people who have been involved in a traffic accident to report it to the authorities.
Get the contact information of the driver, their insurance information, and the name of their employer. Document this information and as much other information as you can gather. It can help you create a strong case moving forward.
Contact your insurance company. Check the terms of your policy to learn more about your reporting requirements.
Finally, you can get in touch with one of our Berkeley truck accident lawyers to learn about how to protect your legal rights after you’ve been injured.
What Is Pure Comparative Fault?
California is a pure comparative fault state. The pure comparative fault rule allows plaintiffs who contributed to their injuries to still pursue damages from the defendant. In these cases, a jury assigns a percentage of fault to the plaintiff for causing their injuries and reduces the plaintiff’s award based on their percentage of fault.
Suppose the final jury award is $100,000. If the jury found that the plaintiff was 10% at fault for the accident, the latter may only collect 90% or $90,000.
Defendants may use this rule to shift the blame to the plaintiffs and avoid paying out large settlements. Having an attorney working for you may help you avoid being taken advantage of in this manner. If you have a valid case that is eventually taken to court, our attorneys can use their litigation experience to support your need for compensation despite potentially sharing fault for your accident.
If you or a loved one has been injured in a truck accident, consider reaching out to an experienced Berkeley truck accident lawyer soon after a crash happens. They can work to protect your interests as you pursue compensation for your injuries.
Call Us To Speak With Experienced Berkeley Truck Accident Lawyers
The team at Arash Law, under the leadership of Arash Khorsandi, Esq., has decades of experience offering injury victims in Berkeley legal support as they seek compensation after a truck accident.
We also serve nearby communities, including Emeryville, Albany, El Cerrito, Piedmont, Alameda, Eastport, Richmond, and San Pablo, as well as multiple other locations across the Golden State. We are ready to answer any questions you may have regarding your case. Contact us at (888) 488-1391 or online to schedule a free initial case evaluation. We look forward to hearing from you.
