Carlsbad Truck Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our Carlsbad Truck Accident Lawyers Offer Legal Representation For Injured Californians
Have you or a loved one suffered injuries in a truck-related collision in Carlsbad, California? You may be entitled to compensation for lost wages, medical bills, and more. Our Carlsbad truck accident lawyers can assess your claim and help you seek compensation for your injuries. Call (888) 488-1391 to discuss your case in a free initial consultation.
Carlsbad is a top-rated tourist destination with its beaches, flower fields, racing circuits, and fine dining. Despite a population of only 113,000, Carlsbad remains a major center for commerce and commuting. Situated just 35 miles north of San Diego, at the Interstate 5 and State Route 78 intersection, the city is no exception to rush hour delays. With heavy traffic, truck accidents are, unfortunately, common.
The road to recovery can be long and painful, but our Carlsbad truck accident lawyers can advocate for your rights and guide you throughout the legal process.
What Do Truck Accident Attorneys Do?
There are many reasons why you need to hire Carlsbad truck accident lawyers. Dealing with the repercussions of a truck collision can be highly stressful, and you don’t have to go through it alone. With our dedicated attorneys by your side, you can focus on your recovery as we seek compensation on your behalf.
Pursuing compensation from insurance companies after an accident can be difficult and time-consuming. It can be helpful to have an attorney who has experience in handling truck accident cases.
So, what do truck accident lawyers do? Simply put, they represent injured victims and help them seek compensation for their injuries and related losses. They can identify potentially liable parties, help gather relevant evidence, and estimate a claim’s potential value. Our lawyers can also take an injury claim to court if necessary.
Our team has decades of experience dealing with complex trucking laws. We’ll explain everything using simple terms, helping you understand your rights and make informed decisions. To know if you have a valid claim, contact our skilled truck accident lawyers in Carlsbad for a free case review.
Gil v. Anderson Plumbing: verdict by a Los Angeles County Superior Court jury in Van Nuys awarded to a man who was injured when his vehicle was struck from behind by a large commercial plumbing van. Benny was part of the trial team that obtained this verdict.– BENNY KHORSANDI
Why Choose Our Carlsbad Truck Accident Lawyers?
If you’re thinking, “I need a personal injury lawyer,” then it’s time to contact our Carlsbad truck accident law firm. Arash Law’s compassionate attorneys understand the emotional toll an accident can bring, so we work to help clients pursue compensation they may be eligible to receive. We treat every case with personalized attention. We take the time to understand your unique situation and develop a legal strategy that advocates for your interests.
Here are some reasons to consider working with our Carlsbad truck accident lawyers:
- We thoroughly understand personal injury law and know how insurance claims work. As such, we can help you safeguard your rights and build an evidence-based claim for you.
- All our consultations are strictly confidential, even the free initial consultation that we offer.
- We can accommodate your schedule and meet with you at any location in California that is convenient for you.
- Our legal team will keep you updated on your claim’s progress and will address any concerns you may have.
- We have decades of combined experience handling personal injury cases, including truck accident cases in Carlsbad.
- Our lawyers can investigate the circumstances of the truck accident and work with industry professionals to comprehensively analyze your case.
Arash Law offers free initial consultations to injured victims. During this meeting, you can discuss your case and ask questions before hiring our truck accident lawyers.
The Importance Of Choosing Your Truck Accident Lawyer
Getting legal representation can be advantageous in a truck accident claim. Our team of skilled truck accident lawyers in Carlsbad has years of experience going against big companies to help injured victims seek compensation.
Choosing an experienced attorney for your personal injury case is an important decision to make after a truck accident. Arash Law, headed by Arash Khorsandi, Esq., is here to help you navigate the legal process.
Common Causes Of Truck Accidents
Truck crashes can result in serious injuries, property damage, and even fatalities. Understanding the common causes of truck accidents is important to everyone, as it enables us to recognize and prevent potential risks.
The following are the most common causes of truck accidents:
- Distracted driving or lack of focus significantly increases the risk of accidents.
- Drowsiness, medical emergencies, or other impairments affecting the driver’s ability to operate the vehicle safely.
- Poor decision-making and misjudging regarding road conditions, speed, or other vehicles.
- Making an error while driving, including panicking, overcorrecting, losing directional control, or making an illegal maneuver.
- Disobeying traffic laws, exceeding speed limits, or changing lanes without checking blind spots.
These are also some of the contributing factors often involved in truck accidents:
- Traffic issues
- Mechanical problems
- Unsecured cargo
- Weather conditions
- Roadway defects
- Unfamiliarity with the road
- Use of prescription or over-the-counter drugs that affect driving ability.
- Driver fatigue
- Improperly trained drivers
After a collision with a truck, our Carlsbad truck accident lawyers can examine the details of your case and identify the contributing factors and causes. This will allow us to understand the nature of your case better and strategize how we’ll approach it.
Types Of Truck Accident Injuries In Carlsbad, CA
Compared to car accidents, truck crashes can have more tragic consequences for everyone involved. Injuries from such accidents can be more life-threatening and severe, mainly because of the size and weight of the truck. Survivors can sustain wounds that might take years to heal or live with long-term disabilities or chronic pain.
Here are some common truck accident injuries:
- Broken bones
- Back and neck injuries
- Seat belt injuries
- Concussions and head injuries
- Dismemberment
- Internal injuries
- Disfigurement and scarring
- Lacerations
- Spinal cord injuries and paralysis
- Wrongful death
Our truck accident lawyers in Carlsbad can connect you with medical specialists in the city. Even if you don’t feel any pain in your body after an accident, you should still get yourself assessed by a medical professional, as some injuries may not be immediately apparent.
Filing A Wrongful Death Lawsuit After A Truck Accident
Collisions involving big rigs can cause extensive damage to smaller vehicles and often lead to fatalities. If you lose a loved one in a truck accident, you may have the right to seek compensation for their funeral and burial costs, as well as the pain and suffering you had to go through as a result of the loss.
According to California law, you may be eligible to file a wrongful death claim after a truck accident caused by someone else if you are in any of the following relationships with the deceased victim:
- Spouse or partner
- Children
- Parents or siblings (if the victim doesn’t have a spouse, partner, or children)
- Stepchildren or a putative spouse (and anyone financially dependent on the victim)
Our Carlsbad truck accident lawyers can help you file a wrongful death claim against the at-fault party. We offer legal guidance and support during this challenging time.
Who Could Be Liable For A Truck Crash?
California follows pure comparative negligence laws, so any number of parties could be liable for the collision in a truck accident. Depending on the circumstances, you may have a valid claim against one or more of the following:
- The truck driver
- The driver’s employer
- The truck owner
- The trucking company
- The cargo owner
- The company that loaded the truck
- The company in charge of the truck’s maintenance
- The truck manufacturer
Our Carlsbad truck accident lawyers will investigate the details of your case and determine who may be liable for compensating you. After that, we can help you pursue a claim against them.
Proving Fault In A Carlsbad Truck Accident Claim
You must establish that another party was at fault to pursue compensation for your damages. This involves demonstrating their negligence and how it endangered your safety. Additionally, you need to prove that their reckless behavior directly caused the accident, resulting in your injuries and losses.
Here are the steps that our Carlsbad truck accident lawyers may take to establish liability:
- Investigate the Case — We’ll thoroughly examine the details and gather evidence that could help us piece together the events surrounding the accident. Our lawyers will look into police reports, dashcam footage, photographs, witness statements, etc.
- Determine Who Is at Fault — Once we have a comprehensive understanding of the nature of the accident, we will identify who’s to blame for your injuries. Our legal team will use our resources to determine whom you should seek compensation from.
- Document & Establish Damages — We will acquire and compile your medical records, doctor’s notes, expert reports, repair bills or receipts, and other proof of your damages. These will detail the extent of your injuries and losses and establish your claim’s value.
- Negotiate With the Liable Party — After building your case, our lawyers will begin negotiations with the at-fault party and their insurance company. We will work diligently to advocate for your rights during this step and seek a just settlement.
If the liable party refuses to settle despite the evidence presented, we may recommend taking your case to court. Our Carlsbad truck accident attorneys are prepared to represent you before a judge or jury and advocate for your rights to compensation.
Compensation For Losses In A Truck Accident In Carlsbad
If you’ve been injured or your property was damaged in a Carlsbad truck accident, you might be able to seek compensation for the following:
- Past and future medical costs, including hospital bills, ambulance fees, doctor visits, physical therapy sessions, surgery, prescription medication, and even medical equipment, like crutches.
- Past and future lost earnings, including income lost due to missed work or reduced earning ability.
- Loss of consortium, which compensates a family member or a spouse for the loss of companionship, support, and other benefits that the injured person would have been able to provide if the accident hadn’t happened.
- Damage to your vehicle or other personal property as a result of the collision.
- Pain and suffering, like physical, mental, or emotional distress, are caused by your injuries.
- Disfigurement, loss of limb, or permanent disability.
- Wrongful deaths, particularly the funeral and burial costs of your deceased loved one.
By working with economists and other experts, our Carlsbad truck accident lawyers can evaluate the extent of your damages and give you an estimate of your claim’s worth.
When To Call Truck Accident Lawyers In Carlsbad
Seeking compensation can be overwhelming, especially when you want to focus on your recovery. We empathize with your situation, and we can help. Our skilled Carlsbad truck accident lawyers can handle the legal matters and advocate for your rights during this trying time.
Our lawyers can help you avoid errors in claim filing or settlement negotiations. They can also track filing deadlines that may apply to your case.
How Long Do I Have To File A Truck Accident Lawsuit In Carlsbad?
The time limit for filing truck accident compensation claims, as set by Section 335.1 of the California Code of Civil Procedure, is two years after the incident. However, if you’re filing a claim against a government entity or the driver of a government-owned vehicle, you only have up to six months to file an administrative claim.
Missing this strict deadline could result in your case being dismissed. This is why filing a case as soon as possible is recommended, unless a rare exception applies, such as if the victim cannot do so due to their injuries.
There are other exceptions to the general statute of limitations, which our truck accident lawyers can explain in detail. We can also identify if such exceptions apply to your case. Nevertheless, we will help you stay on track with these deadlines and work to submit all legal paperwork on time.
How Carlsbad Lawyers Can Help You After A Truck Accident
If you get injured in a truck collision, seek medical attention right away; your health is the most important thing. Then, inform your insurance provider about the accident.
Once you seek assistance from our Carlsbad truck accident lawyers, they can:
- Talk to the opposing insurance company.
- Investigate the scene of the accident.
- Collect proof of damages and liability, such as photographs, police and medical reports, etc.
- Collaborate with accident reconstruction experts and other professionals to analyze the accident.
- Negotiate a settlement or represent you in court.
Cases Our Carlsbad Truck Accident Lawyers Handle
As per the National Safety Council (NSC) report, 5,733 people died in large-truck collisions in 2021. In 2022, fatalities increased to 5,837. Truck accident victims who are fortunate enough to survive the crash might be confused and overwhelmed about what actions to take to protect their rights.
Our truck accident lawyers can help you build your case and work to hold the at-fault party accountable. We handle a variety of cases, including:
Underride Accidents
One of the most frequent and terrifying kinds of truck accidents our lawyers have seen is an underride truck accident. Smaller vehicles can easily slide under the truck because of its height, causing the smaller vehicle’s roof to be crushed and sheared off. Such scenarios often lead to severe and usually fatal injuries.
Rear-End Accidents
Due to their weight reaching 80,000 pounds, commercial trucks take longer to slow down or stop completely to avoid an accident. Trucks can smash into cars in front of them if they cannot stop quickly, frequently resulting in chain-reaction collisions. Based on the truck accident cases our attorneys have handled, rear-end collisions are often caused by tailgating, distracted driving, and speeding.
Jackknife Accidents
When a truck’s trailer axles lock up while the car moves, the trailer swings out to either side at a 90-degree angle, and the trailer’s tendency to swing out into other lanes can result in multiple car pileups and serious accidents. If you’ve been injured in a jackknife crash, it is advisable to seek assistance from a truck accident attorney in Carlsbad.
Rollover Accidents
This type of accident is usually caused by jackknifing, wherein the force of the rig swinging out causes the vehicle to turn over. Rollover accidents may also occur due to improperly loaded or unsecured cargo that causes the truck’s center of gravity to shift during transit. In our years representing truck accident victims in Carlsbad, our lawyers have witnessed the severity of injuries and the extent of property damage resulting from rollovers.
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
Steps To Take After A Truck Accident
It’s normal to feel lost and unsure of what to do after a truck accident. However, one thing you must remember is that safety always comes first. Then, reach out to our Carlsbad truck accident lawyers so we can walk you through the process.
Here are the things we recommend that you do after a collision with a truck:
Get To Safety And Stay At The Scene
Assess yourself for injuries. Then, if it’s safe to do so, move a few feet away from the accident scene and onto the side of the road. Doing so will ensure you don’t suffer any more injuries in case the involved vehicles go up in flames or another accident occurs.
You should also turn on your vehicle’s hazard lights or place some cones around to alert other road users to the situation. Otherwise, they could crash into the scene and cause more people to be injured. Our Carlsbad lawyers have handled truck accident cases where secondary collisions exacerbated the victim’s injuries and damages.
Additionally, the law mandates that all parties involved in an accident remain on the scene until they’re cleared by the police. Fleeing the scene is a violation of the law, and you could face a hit-and-run charge or other serious consequences, even if the accident wasn’t your fault.
Call 911 And Seek Immediate Medical Attention
After ensuring you and others are safe, call 911 and inform them about the accident. This is so they can dispatch emergency responders and the police to your location. Once the medics arrive, let them assess you for your injuries.
Doing so allows you to receive prompt and proper treatment for your injuries, which is crucial, especially for serious injuries. Some medical conditions may not manifest until days later, so undergoing a thorough assessment ensures no symptoms are overlooked or left unaddressed.
From a legal viewpoint, seeking medical attention can establish a direct link between the accident and your injuries. Medical records detail the severity of your injuries right after the accident, so our truck accident lawyers use these to strengthen your claim.
Declining a medical evaluation could cast doubt on the validity of your injuries when you file a claim. As such, the court may reduce the value of your claim or deny you your right to receive compensation altogether.
Report The Accident To The Police
When the police arrive at the scene, they will gather information from all parties involved in the crash, including those who witnessed it. This will help them figure out what happened in the events surrounding the accident.
Once the police officers start asking you questions, give accurate answers. Stick only to the facts, and avoid adding details that may not be true.
The police will assess liability based on various accounts, although their determination is not final. If you are wrongly identified as the one at fault, stay calm and seek assistance from our truck accident attorneys in Carlsbad.
Take Pictures Of The Accident Scene
Gathering evidence is crucial after a truck accident, especially if you intend to file a claim. Take pictures of the accident scene from different angles, capturing as many details as possible. These include skid marks, vehicle damage, license plates, surrounding road conditions, weather conditions, and your injuries.
Our Carlsbad truck accident lawyers can help collect evidence for your claim. However, documenting the scene right after the accident preserves crucial evidence. Furthermore, these photographs can help accident reconstruction experts give a more accurate conclusion about what caused the accident. A photo can strengthen your case by providing a visual record of who is at fault for the accident.
Ask For The Contact Information Of The Involved Driver(s) And Possible Witnesses
California law requires drivers involved in an accident to exchange contact and insurance information. These are crucial for filing a personal injury claim against the at-fault driver and for future communication regarding the accident.
Bystanders who witnessed the accident can also provide valuable information about what happened. While they are not obligated to give a recorded statement, their testimony can significantly strengthen your claim, particularly if the liability is denied.
Our truck accident lawyers recommend collecting contact information from all potential eyewitnesses. We can assist you in gathering their statements to support your case.
Keep A Journal
Many victims gradually forget the details of an accident in the days following it. Unfortunately, not having an accurate or clear recollection of the event could weaken your case. To make sure you don’t miss any details, write a detailed journal.
Having one will also let you keep track of the progress of your treatment. It can also provide more insight into the pain and suffering you experience due to your injuries.
Consult Our Carlsbad Truck Accident Lawyers
Speaking with our attorneys as soon as possible allows us to provide as much guidance as we can in the crucial moments following a truck accident. We can handle communication and negotiation with insurers and at-fault parties. We can guide you on what you should and shouldn’t do. Additionally, we will be able to help safeguard your rights.
Common Mistakes And How To Avoid Them
Here are the mistakes that victims often make after a truck accident in Carlsbad and how you can avoid them:
- Saying Sorry — Apologizing in any way can be interpreted as an admission of guilt. To avoid this mistake, avoid discussing the accident with anyone other than the police and your lawyer.
- Agreeing to a Settlement Offer Right Away — Insurance companies’ initial offers, no matter how high they may seem, must be checked in detail. Consult with our truck accident attorneys in Carlsbad to determine if the settlement offer accounts for all your losses related to the accident.
- Delaying Medical Care — Prompt medical attention can be crucial. Make sure to get examined by the emergency responders and receive first aid for your injuries. Then, get a more comprehensive assessment after the accident. This can be beneficial for your health and can be used to support your potential claim.
- Posting on Social Media — Informing your friends and family through a social media post isn’t a good idea, as your posts can be used against you by the defense team. Avoid sharing details about your case publicly. If you must tell your family members, do so privately and briefly.
While it’s not required to get a lawyer to file a claim, getting legal representation can have advantages compared to handling a claim on your own. Call our Carlsbad truck accident lawyers at (888) 488-1391 for a free initial consultation to understand how our lawyers can help you.
Truck Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), 5,936 people died in large-truck crashes in the United States in 2022. This marks a 2% increase or 115 more fatalities than the previous year. The number of injured victims increased by 3.7%, totaling 160,608 people. Most of those injured and killed in these crashes were occupants of other vehicles or pedestrians.
In 2023, NSC reported that California was among the states with the lowest percentage of large trucks involved in these crashes. However, it’s also the state with the second-highest number of deaths, totaling 392 fatalities from large truck crashes.
These numbers only show the dangers that large truck accidents pose, especially for other road users. If you’ve recently been injured in a truck accident in Carlsbad, explore your legal options with our Carlsbad truck accident lawyers.
Frequently Asked Questions
How Do I Deal With Insurance Companies After A Truck Accident?
You don’t need to deal with insurance companies alone. You can consult our Carlsbad truck accident lawyers and direct all communication to them.
Without legal guidance, you might unknowingly say something that could harm your case. Our lawyers can handle all communications with the at-fault party and help you take steps to support your case.
Can I Seek Compensation For Pain And Suffering?
The answer depends on the specifics of your case. Truck accidents are often traumatic, life-altering events that leave victims with physical and emotional pain, which could affect them for the rest of their lives. The court recognizes pain and suffering as compensatory damages so that you can include them in your claim. Seek legal assistance from our Carlsbad truck accident attorneys to know how these damages are accounted for.
What Happens If I Don’t Report A Truck Accident In Carlsbad?
Failing to report a truck accident can lead to license suspensions, fines, and even criminal charges. In California, all traffic accidents must be reported within 24 hours to the California Highway Patrol (CHP) and within 10 days to the California Department of Motor Vehicles (DMV). This applies to all accidents, especially those that result in injuries, death, or property damage exceeding $1,000.
You will also need to report all accidents to your insurance company as soon as possible, even if it’s not your fault and you’re not planning to file a claim. Otherwise, your provider might deny coverage or penalize you for not reporting it immediately.
Unlike other types of vehicle collisions, even a fender-bender involving a truck can cause injuries and property damage, so it would be best to report all crashes to the police and your insurer. Contact our Carlsbad attorneys, who handle truck accident cases, so we can assist you in this matter.
Can I File A Truck Accident Claim On My Own?
You can. However, hiring a truck accident lawyer in Carlsbad can allow you to focus on your physical recovery. Our Carlsbad truck accident lawyers can leverage their knowledge and understanding of the legal system to help you pursue compensation.
How Much Are Most Truck Accident Settlements?
The average settlement differs depending on some factors, such as the severity of a victim’s injuries and the extent of the damage to their vehicle. The amount could range from several thousand to a few million dollars. However, your potential compensation will still depend on the specific circumstances of your case.
How Much Do Truck Accident Lawyers Charge?
Like other lawyers and firms, our truck accident attorneys follow a contingency fee arrangement. Our lawyers only take a percentage of the final settlement or verdict on your case. You don’t have to pay us legal fees unless we win your case. Case-specific costs might still be applicable regardless of the outcome, but our lawyers will review them with you during your consultation so you know what to expect.
Contact Our Truck Accident Lawyers In Carlsbad For Guidance
If you are severely injured or have lost a loved one because of a recent truck accident, you may be able to file a claim. You don’t need to bear the financial consequences of someone else’s carelessness or blatant disregard for your safety. Our team of Carlsbad truck accident attorneys can help you pursue compensation for medical bills and other losses related to your accident.
Contact us at (888) 488-1391 to discuss your case with our personal injury lawyers in Carlsbad. Schedule a free initial consultation and explore your potential options for compensation.
We also assist truck accident victims in these nearby areas: Oceanside, Vista, Encinitas, Solana Beach, San Marcos, Poway, Temecula, Escondido, San Diego, Chula Vista, and Murrieta.
