Chula Vista Truck Accident Lawyers
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Our Trusted Chula Vista Truck Accident Lawyers Are Dedicated To Making You Stronger
Getting injured in a truck accident instantly changes your life. Not only do you have to cope with the physical consequences of the incident, but you also have to deal with its financial implications. Let our Chula Vista truck accident lawyers help you get justice and compensation. Contact Arash Law today at (888) 488-1391 for a free, no-obligation consultation.
With three interstate freeways running through Chula Vista, large trucks frequently pass by the city. These vehicles transport goods across the city and to other locations in San Diego County and the rest of California. But as useful as they are, they are also one of the biggest threats on the roads. Their sheer size makes truck accidents even more dangerous, often leading to catastrophic injuries and fatalities.
Our truck accident lawyers in Chula Vista understand victims’ struggles. We know how hard life is already without the physical and mental distress, along with the mounting medical bills. That’s why our law firm in Chula Vista is passionate about helping injured victims and their families pursue compensation. We won’t let negligent parties and insurance companies take advantage of your vulnerability. We’ll fight to get you what you’re owed.
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
Why Hire Our Truck Accident Lawyers In Chula Vista
Arash Law is dedicated to ensuring each client gets maximum compensation. Our Chula Vista personal injury lawyers, who also specialize in truck accident cases, will listen closely to your story so we can develop a customized approach to winning your case. We’ll also use our expertise and knowledge of personal injury laws to hold the at-fault parties accountable.
If you’re thinking, “I need a personal injury lawyer in Chula Vista,” you’ve come to the right place! Our law firm has helped thousands of accident victims and secured over $750 Million in settlements and awards. We can help you win your case, too.
- Access to credible experts who can validate your claim
- A competent legal team that will do the legwork on your behalf
- Compassionate lawyers who will answer your questions and concerns
- Experienced litigation attorneys who will take your case to court if necessary
Our Chula Vista attorneys for truck accidents will also handle all correspondence with the negligent party. This way, you can focus on your recovery without the constant calls from insurers, whose main goal is to minimize your payout. These companies will gaslight you into believing you are to blame for the accident or that your injuries are not as serious as you say they were. They do not mind putting words in your mouth and twisting them so they can get away with paying next to nothing.
We know how they operate and have developed strategies to oppose their practices. Our track record of success assures you that we will aggressively fight for your rights to fair compensation. Fill out our contact form to find out if your claim is valid.
Usual Causes Of Truck Accidents
Driver error is a major factor in many of the truck accident cases our Chula Vista lawyers handle. Most of the time, a truck collides with other vehicles due to speeding or other reckless driving practices.
Here are some other causes of truck accidents:
Driver Fatigue
Truckers are more prone to driver fatigue due to the extended hours they drive in a single shift. Long hauls can take days to complete, and while most large vehicles have sleeper berths behind the driver’s seat, these aren’t always conducive to quality sleep. Not getting enough sleep increases the risk of exhaustion, which can impair a driver’s cognitive function. They are more irritable and more likely to be aggressive drivers.
According to the Centers for Disease Control and Prevention (CDC), the monotonous task of driving can also cause driver fatigue. Truckers may experience “tunnel vision” or a loss of sense of what’s happening in their surroundings.
The effects of driver fatigue include the following:
- Microsleeping or very short periods of sleep, lasting a second to 30 seconds
- Drifting off the lanes
- Drowsy driving
- Slow reactions to road hazards
- Poor decision-making
Distracted Driving
Many truck drivers fight fatigue and boredom by using their phones. They would blast music from their devices or have videos on as background noise. Unfortunately, using a phone while driving takes their focus away from driving safely, reducing their reaction time to hazards. They might overcompensate and slam the brakes too hard or turn too sharply, all of which can lead to accidents on the road.
According to the CDC, the three types of distracted driving are:
- Visual – Eyes are off the road, such as looking at a phone, rubbernecking, or looking at a passenger.
- Manual – Hands are off the wheel, such as when looking for something on the floorboards or reaching for the passenger seat.
- Cognitive – The mind is off driving, such as daydreaming.
Because of the inherent dangers of distracted driving, California prohibits all drivers from using handheld devices while driving. Our Chula Vista attorneys for truck accidents can request an analysis of the driver’s phone to know whether they were using it at the time of the crash.
Disobeying Traffic Rules
Traffic rules and regulations are put in place to make the streets of Chula Vista and the whole of California safe. However, many truck drivers still disobey them, which increases the risk of truck accidents. For example, if a truck driver fails to obey traffic lights and runs a red light at an intersection, they could hit oncoming traffic.
Driving Under The Influence (DUI)
Commercial truck drivers are prohibited from taking alcoholic beverages or drugs that impair their senses. In California and across the nation, the Department of Motor Vehicles (DMV) sets the legal blood alcohol content (BAC) limit for commercial truck drivers at 0.04%, which is stricter than the standard limit for other drivers, which is 0.08%.
But why is drunk driving incredibly dangerous? Here are some ways alcohol impairs your driving skills:
- Slow reaction time
- Lack of coordination
- Blurred vision
- A decrease in concentration
- Poor judgment
Inexperience
Truck drivers have to undergo training to maneuver large vehicles, especially big rigs, properly and safely. Semi-trucks are not just heavy on the load; they also have big blind spots that drivers have to consider every time they make a turn, change lanes, or merge lanes. Inexperienced drivers, for example, may make wider turns that could endanger nearby motorists and pedestrians. Making fast turns can also lead to rollovers, which are among the most dangerous traffic accidents.
Mechanical Failure
Our lawyers in Chula Vista have also worked on cases involving truck accidents caused by mechanical failure. Truck drivers and trucking companies have to ensure their vehicles are in good working condition. Failure to do so can increase the risk of mechanical failure, including brake issues, tire blowouts, steering problems, or headlight or taillight malfunctions. Any of these issues can potentially lead to an accident if not resolved.
Improper Cargo Loading
People or companies responsible for loading cargo must always ensure that the load is secured. It should also be within the permitted weight limit set by California law. According to the state’s Department of Transportation (DOT), trucks should not exceed 80,000 pounds in weight.
Improper cargo loading can directly cause accidents. For example, overloading can cause rollovers and tire blowouts. Meanwhile, if the cargo is loose, the contents could spill onto the road and hit other motorists and pedestrians.
Common Types Of Truck Accidents
Rollovers are among the most common truck accident cases our Chula Vista attorneys work on. It often happens when truck drivers slam on the brakes too hard or make sharp turns. Heavy trucks are more prone to rollovers because of their high center of gravity.
Other types of truck accidents include the following:
- Jackknife Accidents – These incidents happen when the trailer swings out of the cab at an angle resembling a jackknife. The swinging cab can take up multiple lanes and crush other vehicles, especially when it rolls over. Negligent drivers, mechanical failure, inclement weather, and poorly maintained roads can all lead to jackknife accidents.
- Rear-End Collisions – Tailgating, speeding, and not paying attention to the road can cause the truck to rear-end the vehicle in front of it. The size and weight of a truck make such collisions deadly for the occupants of smaller cars.
- Underride – Smaller vehicles can slide under a truck’s trailer in what is known as underride accidents. These incidents are often fatal for the vehicle’s occupants. To help reduce such tragedies, Senator Scott Wiener, D-San Francisco, proposed the requirement of side underride guards for large trucks with a gross weight rating exceeding 10,000 pounds passing through California.
- Blind Spot Accidents – Trucks have blind spots on both sides and at the front and back. Driving in these areas, which are referred to as “No Zones,” increases your chance of being struck or run over.
Most of these accidents are preventable. If you are injured in a truck accident, consult with our Chula Vista lawyers today. We can help you understand your rights and what options you can take against negligent parties.
Common Injuries In A Truck Accident
Truck accidents can lead to various injuries, from minor lacerations to amputations. Here are the most common injuries victims sustain in truck accidents:
- Traumatic brain injuries (TBIs) often occur in truck accidents. In addition to short-term problems with thinking, understanding, moving, talking, and acting, these injuries can also result in life-changing issues, such as paralysis or even death.
- Skull fractures can be mild or severe. Mild skull fractures are cracks that do not break apart and heal on their own over time. Severe cases may result in brain damage or bleeding.
- Facial fractures include breaks in the frontal bone (forehead), jaw bones, orbital (eye socket) bones, and cheekbones. These injuries often come with emotional wounds. Victims may isolate themselves to avoid meeting people or hide from reflective surfaces to avoid seeing their faces.
- Clavicle and rib fractures may occur when your seat belt tightens and you move forward during a collision. A broken rib can be particularly dangerous because it can pierce the lungs.
- Fractures in the extremities are also common in traffic accidents. Being crushed by the vehicle’s weight might result in a comminuted fracture, where the bone is broken in at least two places. Victims will require surgery to fix it, with recovery times lasting a year or longer.
- Spinal cord injuries (SCIs) are any damage to the spinal cord, which sends and receives signals between the brain and the rest of the body. It can cause permanent changes to the strength, sensation, and function of the body parts below the injury site. Many SCI cases lead to paralysis.
If you need help getting treatment, our truck accident lawyers in Chula Vista can connect you to the best medical experts across California.
Who Can Be Held Liable For A Truck Accident?
Anyone whose negligent actions led to your accident can be held liable for the resulting injuries and damages. Moreover, depending on the facts of your case, multiple parties can be held financially responsible. This is particularly true in truck accident cases.
- The truck driver
- The trucking company
- The truck driver’s employer (if a separate entity from the trucking company)
- The individual or entity that owns the truck (if the vehicle is leased)
- The cargo loaders
- Third-party motorists or pedestrians
- The manufacturer and retailer of defective truck parts (if the accident was caused or partially caused by mechanical failure)
Identifying the responsible individuals for your injuries is an important step in the claims process. Our lawyers in Chula Vista will investigate your truck accident to pinpoint all possible negligent parties.
What Damages Can You Recover After A Truck Hits You?
Truck accident victims can recover economic and non-economic damages from the at-fault party.
Economic damages are tangible losses incurred in an accident. They can be proven via bills, receipts, and invoices. Our Chula Vista attorneys, who handle truck accidents, can calculate the past, present, and future losses you have. These damages include:
- Medical bills
- Lost income
- Reduced or lost capacity to work
- Property damage
- Utility bills associated with the accident
Meanwhile, non-economic damages are the intangible losses victims suffer from after an accident. To show non-monetary damages, a victim might need to show things like an injury journal, testimonials from close friends and relatives, and mental health diagnoses.
During your consultations, our Chula Vista truck accident lawyers will be able to provide you with an estimated dollar equivalent of these subjective losses, which include:
- Pain and suffering
- Reduced quality of life
- Loss of consortium
- Disfigurement or scarring
- Mental distress
Truck accident victims can also be entitled to punitive damages. Punitive damages are meant to punish the negligent party and deter the same behavior in the future. The courts rarely award this type of damage. But if they do, there is typically evidence of gross negligence or intent to cause harm.
Establishing Negligence In A Truck Accident Case
To establish negligence, our Chula Vista truck accident lawyers will have to prove these four key elements:
- Duty of care – This refers to the responsibility of all truck drivers to drive safely to avoid causing harm to others.
- Breach of duty – When a truck driver fails to act reasonably, they breach their duty of care. Examples include disobeying traffic rules, driving under the influence, or driving tired.
- Causation – The liable party’s action or inaction caused the victim’s injuries.
- Damages – The accident resulted in the victim suffering damages and losses, such as medical expenses, lost wages, and pain and suffering.
To prove these elements, our Chula Vista truck accident attorneys will conduct a thorough investigation and find key evidence to demonstrate their negligence. These proofs would include police reports, videos and photos of the accident, CCTV footage, and medical reports. If there are witnesses, we’ll also take their statements to piece together what happened before and during the accident.
What If I’m Partially To Blame For The Truck Accident?
California is a pure comparative negligence state, which means the plaintiff may claim damages for the percentage they are not at fault. This principle also means that if there are multiple liable parties, each one would only be responsible for the level of their fault.
For example, if you were found to be 20% at fault for the accident, your damages would be deducted accordingly. If your settlement award is $100,000, you’ll only receive $80,000.
Insurers often use this principle to minimize their payout. They blame the victim, even putting words in their mouths. They’ll take advantage of your vulnerable situation to make you say things that could jeopardize your claim.
But we won’t let that happen to you. Our Chula Vista truck accident lawyers will tirelessly protect your rights, ensure you won’t be unfairly blamed, and recover the full compensation you deserve.
What To Do Immediately Following A Truck Accident
After a truck accident, stay as calm as possible and keep a clear head. If you’re able, you have to prioritize your safety and well-being. Doing the following steps can help secure your future claim:
- Assess your situation. Check yourself and your companions for injuries. If possible, move to a safer place on the side of the road, but do not leave the scene.
- Call 911 as soon as possible. Listen to the dispatcher’s instructions carefully.
- Get immediate medical care as soon as paramedics arrive, even if you feel okay.
- After getting first aid, cooperate with the police. Answer all their questions honestly and clearly. Avoid making assumptions and giving opinions. More importantly, refrain from apologizing or admitting fault.
- If it’s safe and you can move, gather information. Get the names, addresses, contact details, and insurance information of all parties involved. Also, check if there are any witnesses and get their details.
- Gather evidence. Take photos and videos of the accident scene, your injuries, property damage, skid marks, road signs, and anything else that could be useful later on.
- Report the accident to your insurance company, but be careful what you say. Only give relevant information.
- After the accident, schedule a follow-up appointment with your doctor so they can fully assess your injuries.
- Keep a record of all your expenses and experiences related to the accident.
- Contact Arash Law at (888) 488-1391 as soon as possible to start your claim. We will explain your rights and options. Our Chula Vista attorneys for truck accidents can also help you gather and preserve key evidence, such as police reports.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
Federal Truck Hours Of Service Requirements
The Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours commercial truck drivers can operate in a day. Based on the regulations, truck drivers can only drive for a maximum of 11 hours at a time. Additionally, truckers must take a 30-minute break after driving for eight consecutive hours. After driving for 11 hours, drivers are required to take a 10-hour break before starting another shift.
According to FMCSA regulations, truck drivers are also prohibited from driving for 60 hours in a seven-day period or 70 hours in an eight-day period. Once they have reached the weekly limit, they must rest for at least 34 consecutive hours before starting a new work week.
Many trucking companies and drivers manipulate their logs to drive more miles per day and reach their destinations earlier. Doing so allows them to make more trips and earn more income. However, fatigue should have no place on our roads.
Our lawyers in Chula Vista for truck accidents can check the trucker’s daily log to see if driver fatigue contributed to the crash.
Highways And Roadways In Chula Vista Prone To Truck Crashes
Truck accidents are common occurrences on the following roads and highways that pass through Chula Vista:
- Interstate 5 Freeway
- Interstate 805
- Interstate 15
- State Route 54
- State Route 125
- State Route 905
These major roads see high truck traffic each day, which increases the risk of truck collisions. Additionally, these freeways are interwoven with each other, making intersection accidents more likely to happen.
Truck Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), 71% of the large trucks involved in fatal crashes in 2021 were heavy trucks weighing more than 10,000 pounds. Truck-related accidents also killed 5,788 people in the same year, while 154,993 more were injured. This is a 17% increase from the number of fatalities in 2020.
Of the fatalities in 2021, 72% (4,149) were occupants of other vehicles. Truck occupants accounted for 17% (1,008), while the remaining 11% (631) were non-occupants, including pedestrians and bicyclists.
In the same year, California recorded 437 deaths from truck accident crashes, according to the National Safety Council (NSC). The Golden State comes after Texas, which has the most recorded deaths at 806.
Frequently Asked Questions (FAQs)
What If My Loved One Dies In A Truck Accident?
Our Chula Vista lawyers can help grieving families find justice in serious truck accidents that result in deaths. We can also help immediate families or legal heirs file a wrongful death claim. Through this claim, families can receive compensation to cover lost financial support from the deceased, medical bills, and funeral and burial fees. We know money can never replace a loved one. Our team can only hope that being free from the accident’s financial consequences can help families begin their road to healing.
How Can You Calculate Compensation In A Truck Accident Case?
Our lawyers calculate compensation in a truck accident case in Chula Vista by determining the extent and value of your damages and losses. We look at receipts, invoices, and bills, and then quantify subjective losses with the help of outside experts, such as a life care planner. They can project what care you might need in the future and how much it will cost.
After determining the extent of the damages, we’ll examine the negligent party’s insurance policy. We always aim to recover the maximum compensation possible for our clients.
How Long Do I Have To File A Truck Accident Lawsuit In California?
California has a two-year statute of limitations. This law means truck accident victims only have two years to file a personal injury claim. However, there are exceptions to that rule. For example, if the victim is a minor, the deadline will be paused until their 18th birthday.
If a victim fails to file a claim within the allotted time, they may not be able to recover compensation. We can help you avoid that. Our Chula Vista attorneys for truck accident cases can do all the legwork on your behalf. You can simultaneously file for a claim while recovering at home or in the hospital.
Why Do Truck Accidents Make Difficult Claims?
Truck accidents typically involve multiple liable parties. That’s because trucks are commonly commercial vehicles, which means there’s a business behind their operations. If there’s a big company behind it, they likely have a legal team that will stop at nothing to avoid responsibility.
In addition, truck crashes cause extensive physical damage to victims, which typically means a higher settlement. These companies will try to shift the blame to the other parties involved so they don’t have to pay. Unfortunately, all this back-and-forth blame game can lengthen the process of recovering favorable compensation, especially without our Chula Vista truck accident lawyers representing your interests.
Injured? Call The Truck Accident Lawyers Chula Vista Trusts!
If you are a victim of negligence on the road, the award-winning truck accident attorneys Chula Vista residents turn to can guide you throughout the process of filing a claim. We operate on a contingency fee basis, which means you don’t have to pay any upfront fees. Instead, our payment will come from the settlement award. Through this agreement, you can get quality legal assistance, no matter your economic status. Call us today at (888) 488-1391 or use our online contact form for a free initial consultation.
Our Chula Vista truck accident lawyers also extend their services to victims around the city, including Bonita, Lincoln Acres, National City, Imperial Beach, Palm City, Ocean View Hills, Bay Terraces, Paradise Hills, Alta Vista, and Rancho San Diego. Our law firm also helps injured victims in California, including Palm Springs, Sacramento, Stockton, Modesto, Eureka, and Los Angeles.
