Clearlake 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 Clearlake Truck Accident Lawyers Are Ready To Answer Your Legal Questions
Truck accidents can cause serious injuries and even death. If you or a loved one has been injured in one, our Clearlake truck accident lawyers can help you seek fair compensation for your damages under the law. We offer a free initial consultation. Call us anytime at (888) 488-1391.
Clearlake is named after its stunning natural freshwater lake. With such tranquil scenery, this small city is a haven for nature lovers and outdoor enthusiasts. Clearlake is also home to several parks and natural preserves, such as Anderson Marsh State Historic Park and Clear Lake State Park. Because of these diverse offerings, the city has become a popular destination for tourists and residents alike.
Clearlake is also a transportation hub for Lake County and is located on one of the region’s most heavily traveled roads. The city sees a high volume of vehicles on its roads every day, including large commercial trucks. Considering their massive size, big rigs and other large trucks pose a great risk to car drivers, motorcyclists, pedestrians, and other road users. You must be extremely careful when sharing the road with them, as any truck accident can be fatal.
Worse, if you get injured in a truck accident, it can be challenging to pursue compensation for your damages. Our Clearlake truck accident attorneys have experience handling complex cases and can guide you through the legal process.
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
How Our Clearlake Truck Accident Lawyers Can Help
One thing you can consider after being injured in a truck accident is to consult Clearlake injury attorneys. While most people know they should take legal action, they often don’t know what to expect from a lawyer. In our case, our Clearlake truck accident lawyers will collect evidence, interview witnesses, negotiate with the insurance company, guide you, and keep you updated throughout the process.
Here are some other ways we can help you with your case:
- Handling Communications — Our truck accident attorneys in Clearlake will communicate with the relevant parties on your behalf. You won’t have to deal with insurance negotiators. We will send a letter of representation to each party involved.
- Building Your Case — Our Clearlake truck accident lawyers can help build your case. To accomplish this, we will gather relevant information, such as key evidence. This includes police reports, photos, videos, black box data, and eyewitness statements, as well as medical bills, receipts, proof of expenses, and any settlement offers from insurance companies.
- Investigating the Accident — Our Clearlake lawyers for truck accident claims will explore the details of your case to determine whether or not there is a viable claim. Aside from the initial investigation, we will also gather evidence by visiting the accident scene, reviewing photos of the collision, obtaining witness statements, examining any available camera footage, and evaluating the property damage.
- Establishing Liability — Our lawyers in Clearlake can help you identify who is at fault for the truck accident. While most victims assume the truck driver is responsible, a thorough investigation may reveal that another party, such as the truck company, mechanic, or loading crew, is also responsible for your injuries. Aside from identifying the potentially liable parties, we will help you prove their negligence.
- Calculating Your Losses — An injured victim may be eligible to pursue monetary compensation for their losses, which may include economic, non-economic, or punitive damages. Each case is unique, so it is crucial to have your losses evaluated by an experienced personal injury attorney.
- Negotiating With Insurance Companies — Our truck accident lawyers can negotiate on your behalf. The claims process can be challenging and may involve delays, denials, or disputes. Our lawyers will deal with the insurers and work to negotiate fair compensation that reflects your injuries and losses as recognized by the law.
- Reviewing Settlement Offers — Multiple insurance companies are often involved in 18-wheeler accident claims. These companies may offer settlements that fail to address the actual losses of claimants. Sometimes, one insurance company offers a settlement without involving the others. Accepting a deal from one insurer may impact your efforts to seek from the others. Our truck accident attorneys in Clearlake can review the settlement offers and advise you whether or not the offer is fair.
- Providing Representation Through Litigation and Trial — After several negotiations, the insurance company’s offer may still be too low to cover your potential damages. We can inform the insurance company that you are prepared to go to court to seek compensation. If this is a viable option for you, we will present your case to the judge or jury, advocating for your rights and interests.
As an injury victim, you may need to undergo hospitalization, medical procedures, and rehabilitation. Dealing with the legal ramifications of a semi-truck accident can be exhausting while you’re still healing. Our Clearlake truck accident attorneys can handle the legal aspects of your case for you.
How Truck Accident Cases Differ From Others
Large, heavy commercial vehicles are far more likely to cause serious injuries and property damage than passenger car accidents. These accidents are also more complex because they involve multiple companies and insurance policies.
Furthermore, the Federal Motor Carrier Safety Administration (FMCSA) and the State of California have established specific regulations for trucks and drivers. These trucking regulations will affect compensation claims. For example, the FMCSA mandates regular inspections and maintenance of trucking company fleets. If the company neglects these requirements and an accident results from its negligence, the victim can hold it liable.
Injured individuals can benefit from seeking legal assistance from an attorney who understands these nuances to pursue damages. Our Clearlake truck accident attorneys have decades of experience handling these claims.
California Truck Inspection & Regulation Safety
Violations of the FMCSA regulations cause many truck accidents. Despite being designed to protect the public, many drivers and trucking companies overlook certain safety regulations.
Here are the responsibilities of trucking companies and drivers:
Trucking Company’s Responsibilities
Truck companies should review their drivers’ records both before hiring and annually. They are also responsible for training and educating drivers and other employees about safety and preventing accidents. These companies should never encourage drivers to violate safety regulations.
Moreover, companies must provide drivers with schedules that allow safe delivery while considering slow traffic, inclement weather, and rest requirements. Trucking companies also need to monitor logbooks and electronic logging devices (ELDs), which document time spent driving, doing safety inspections, and resting. They are expected to take appropriate action if they suspect tampering or falsification.
Driver’s Responsibilities
A truck driver must be over 21 years old, able to read, speak, and understand English, and pass a physical examination. They should refrain from consuming alcohol for at least 4 hours before driving. Furthermore, they should not drive a truck or any other vehicle if they are unwell, tired, or experiencing other problems. They are also prohibited from using radar detectors.
Drivers should inspect brake connections, steering mechanisms, tires, windshield wipers, parking brakes, reflectors and lights, horns, mirrors, coupling devices, fluids, and emergency equipment before departure. Unless the trailers are sealed, inspections must be conducted before driving out, after the first 25 miles of travel, and approximately every 150 miles or three hours afterward. Within 10 minutes of their vehicle becoming disabled, drivers must deploy emergency and warning devices.
If you were injured in an accident because the truck driver or company neglected their responsibilities, our Clearlake lawyers can help you investigate. We will determine if any of these guidelines were violated. We will also carefully scrutinize the documents to verify that they are not falsified to protect the company or the driver.
Types Of Truck Accidents Our Attorneys Handle
Below are some common types of truck accidents that our Clearlake lawyers can handle:
Rollover Accidents
When sudden shifts in the cargo’s weight distribution occur, semi-trucks are prone to rollover accidents. A sudden stop, a sharp turn, or an impact during an accident can cause these accidents.
Jackknife Accidents
Unique to semi-trucks, jackknifing occurs when the cab and trailer fold at a 90-degree angle, often due to hard braking. The lack of additional connection points increases the risk of jackknifing, which can cause the driver to lose control and hit other vehicles.
Lane-Change Accidents
Lane-changing accidents occur when a truck enters a lane without checking its blind spots first. These blind spots are also referred to as “No Zones.” Despite extensive training, improper lane changes still occur, endangering other motorists.
Underride And Override Accidents
An underride or override accident occurs when a passenger car becomes trapped beneath a truck’s trailer or when the truck overrides a smaller vehicle. Due to the substantial size disparity between trucks and passenger cars, occupants of the latter often suffer severe consequences.
Lost Load Accidents
A lost-load accident occurs when a truck’s cargo is improperly loaded, resulting in spillage or detachment. If cargo falls from trucks, it can hit vehicles or cause dangerous road conditions. Trucking companies must follow federal regulations and safety protocols when loading cargo to prevent these accidents. Negligence in adhering to these regulations can result in legal liability when accidents happen.
Whether the cause of your truck accident is clear or not, you need good Clearlake truck accident lawyers to help you investigate what happened. With the help of investigators and accident reconstructionists, we can analyze the details. Our team will meticulously document the sequence of events to determine fault and liability.
Typical Causes Of Clearlake Truck Accidents
With their massive size and weight, commercial trucks like dump trucks and 18-wheelers are among the most significant dangers on California roadways. The following are common factors that can cause a truck collision:
- Distracted Driving — The long stretches of highway in California make truck drivers particularly vulnerable to distracted driving. They can be tempted to text or answer calls using their phones. Some may also eat on the road while driving, which endangers other road users.
- Driver Fatigue — Despite state and federal regulations, truck drivers often neglect to take breaks to rest. This causes overfatigue, which impairs their judgment and slows response times.
- Driving Under the Influence — Most trucking companies have zero-tolerance policies for driving under the influence. However, alcohol, drugs, and other illegal stimulants are readily available along major truck routes. Because of the risks truck drivers pose when they’re impaired, California has set a BAC limit of 0.04% for them, half of what is allowed for other drivers.
- Improper Load — In an emergency, such as a tire blowout or unexpected debris on the road, the way semi-trucks are loaded can affect their maneuverability. A truck driver may be unable to operate the truck safely if the load isn’t properly secured, causing the cargo to fall off or break free.
- Failure to Perform Mandatory Inspections or Equipment Failure — Truck drivers must conduct daily safety inspections. However, if they are running behind schedule, some might skip inspections and falsify inspection logs.
- Inclement Weather Conditions — Truck accidents may also be caused by wet roadways or poor visibility due to smog. While these are dangerous conditions for all drivers, tractor-trailers are particularly difficult to maneuver on wet roads due to their large mass and longer stopping distances.
Our Clearlake truck lawyers can assist you with navigating the legal process and addressing issues related to medical expenses and lost wages after a crash. Contact us so we can evaluate your claim.
Common Injuries From Truck Accidents
The size and weight of large commercial vehicles, from delivery trucks and Amazon trucks to tractor-trailers, make them more likely to cause fatalities and serious injuries than cars. These types of injuries include:
- Fractures — Collisions involving large, heavy trucks produce an impact strong enough to break bones.
- Head and Brain injuries — Tractor-trailer collisions commonly cause fatal or devastating head injuries. Since the tractor-trailer’s body is the same height as a passenger vehicle’s head, the impact is more likely to strike directly at head level.
- Whiplash — You can develop whiplash when your head snaps back and forth after being struck from behind.
- Burns — Many fiery crashes involve large trucks. People can sustain severe, extensive burns that bring a lifetime of extreme pain.
The above are only a few examples of common truck accident injuries. Discuss the injuries you have sustained with our Clearlake truck accident attorneys, whether minor or serious. We will take them into account when assessing your claim.
Who Is Liable In A Truck Accident?
Depending on the circumstances of your collision, our Clearlake lawyers can help you pursue a claim against potentially liable parties. These may include:
Truck Drivers
Professional drivers have a higher duty of care than other drivers. However, they can also become negligent at times. Speeding, distracted driving, fatigue, and driving under the influence are common causes of truck driver negligence. Aggressive driving and traffic violations also endanger others.
Trucking Companies
To meet demand and increase profits, trucking companies often push their drivers beyond the limits of the required hours of service. Trucking companies may also be negligent in the following ways:
- Hiring inexperienced truck drivers.
- Poor maintenance and unsafe working conditions of their fleet.
- Encouraging drivers to disregard safety rules for profit.
- Failure to conduct regular safety checks and maintenance efforts on every driver’s run.
- Employing inexperienced truck mechanics who lack the necessary tools and truck parts.
- Not following proper loading techniques when sending out trucks.
Truck Manufacturers
Truck manufacturers may also be held responsible, especially if the accident was caused by defects in the vehicle’s design, production, instructions, or warning labels. These issues may compromise the truck’s safety, endangering the driver and other motorists.
Cities, States, And Municipalities
The city, state, or municipality may also be liable if the accident was due to dangerous road conditions. Common issues on the road include poor design, defects (such as uneven pavement, road obstructions, faded markings, etc.), inadequate warning signs, and missing traffic signals and lights.
Our Clearlake lawyers who handle truck accident cases can help identify the parties that should be liable for your case. We can gather evidence and assess relevant records.
Establishing Fault For Truck Accident Injuries
To establish liability through negligence for your personal injury claim, you have to prove its essential elements. Clearlake truck accident lawyers can help you demonstrate the following:
- Duty of Care — In California, drivers and trucking companies have a duty of care to inspect, maintain, and operate their vehicles safely. Drivers must be well-rested, sober, alert, and compliant with all safety laws. Likewise, trucking companies must monitor their drivers and maintain their vehicles properly.
- Breach of Duty of Care — Next, we will work to help you prove that there was a breach of duty. An example of this would be a driver who didn’t take their mandatory breaks or used alcohol or drugs while on duty. For commercial trucking companies (FedEx, USPS, CRST, Swift Transportation, Stevens Transport, and others), failure to maintain their fleet according to the laws and regulations is an example of their breach of duty.
- Causation — For the third element, our Clearlake truck accident attorneys must prove that the damages you incurred were due to the defendant’s breach of duty.
- Damages — Lastly, we must show that you have suffered damages. These include medical bills, pay stubs to prove lost wages, auto body shop estimates for repairs, etc.
Damages In California Truck Accident Cases
Similar to car accidents, truck accident damages are categorized into two categories: compensatory and non-compensatory. Compensatory damages are further divided into economic and non-economic losses. Non-compensatory damages are also referred to as punitive damages.
- Economic Damages — These are all the plaintiffs’ financial expenses incurred due to the semi-truck accident, such as medical bills, lost earnings, vehicle damage, etc. In cases of fatalities, loved ones may also claim burial expenses and lost future earnings.
- Non-Economic Damages — These are the intangible costs the victim suffered due to the accident. Examples are emotional trauma, physical pain, loss of consortium, etc.
- Punitive Damages — In some rare cases, courts may determine that the defendant acted recklessly or intentionally. For instance, punitive damages may be awarded if a case involves a drunk truck driver or a company that hired someone with no commercial driver’s license. The court may also award punitive damages if the log and inspection books are intentionally falsified.
California does not cap damages, allowing victims to pursue the losses that may apply to their cases. Our Clearlake truck accident lawyers can help you pursue fair compensation as allowed by the law.
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
What Should You Do After A Truck Accident In California?
What you do after a truck accident can affect the compensation you may pursue. Here are the steps you can take after an accident:
- Prioritize Safety — Make sure you and any passengers are safe. If possible, move your vehicle off the road. Get immediate medical attention, especially if the injuries are severe.
- Call the Police — The next step is to contact the police. A police report can be very helpful in establishing the facts of your case.
- Gather Information — Once you have notified the police, you should get the truck driver’s information, including the following:
- Truck driver’s license information
- Insurance information
- Truck details, including make and model, license plate number, and vehicle identification number (VIN)
If there were any eyewitnesses, get their contact information. Then, take photos of the damage to your vehicle, the truck, and the accident scene.
- Get Medical Treatment — Seek medical treatment immediately, even if you feel fine or think your injuries are minor. A medical record, regardless of the degree of injury, is important evidence for your case.
- Notify Your Insurance Company — The next step is to notify your insurance provider of the accident. Explain what happened in clear terms and avoid admitting fault.
- Contact an Attorney — The final step is to get in touch with our Clearlake truck accident lawyers. We can help you negotiate with insurance companies and represent you in court.
What Should I Do If An Insurance Company Calls Me?
To avoid misinterpretation of your words, you should provide the name and telephone number of your Clearlake truck accident lawyers if your insurance company or another party’s insurance company contacts you.
Insurance companies typically review claims carefully to verify their validity. These companies often ask claimants to give a recorded statement. A claims adjuster will ask questions and record your answers. Depending on the statements they have gathered, they may find reasons to dispute claims.
It’s crucial to retain legal counsel promptly. You may refer the adjusters to your Clearlake truck accident attorneys if asked to give a recorded statement.
Statute Of Limitations In Clearlake, CA
The statute of limitations refers to the timeframe that a victim can file a personal injury lawsuit against the party responsible for the accident. If the victim fails to file within the period, they can no longer seek compensation for their injury. In California, the statute of limitations is generally two years from the date of the injury.
However, the specifics of your claim may further shorten or pause the time limit. If you are filing a claim for property damage, you have three years from the date of the collision to bring a claim against the at-fault party. However, you only have six months to claim if you wish to hold the government responsible for the accident, perhaps due to a pothole or another road defect.
Other exceptions may affect the two-year deadline. You can ask our Clearlake truck accident lawyers if any exceptions apply to your case.
Truck Accident Statistics
A recent report found 5,837 trucks weighing more than 10,000 pounds were involved in fatal crashes in 2022, an increase of 1.8% from 2021 and a 49% increase from 2010. In 2022, 5,936 people were killed in crashes involving large trucks, an increase from 5,821 in 2021. Of those killed in crashes in 2022, 1,097 were occupants of large trucks.
In the same year, injury-causing truck accidents increased by 3.9%, or 161,000. Most of these injuries were sustained by occupants of other vehicles (73%), followed by truck occupants (26%) and non-occupants (1%).
FAQs Based On People Also Ask (PAA’s)
What If You Were Partially At Fault For A Truck Accident?
California allows you to pursue compensation even if you share some blame for the accident, as long as you aren’t 100% at fault. For example, if you are 60% responsible for causing the accident, you can still pursue 40% percent of your potential damages.
If you believe you contributed to an accident, call our truck accident lawyers in Clearlake. We can help you estimate your degree of fault, if any, and the potential value of your claim.
Do You Need A Truck Accident Lawyer To File A Lawsuit In California?
After an accident, you might wonder, “Do I need a personal injury lawyer?” Truck accident victims do not need an attorney to file a lawsuit, but most recognize that they lack the necessary skills and experience to face the insurance companies’ attorneys. Furthermore, you may not be able to determine all liable parties, such as truck owners, drivers, maintenance personnel, haulers, and sub-haulers, which can affect your case.
Our Clearlake truck accident lawyers recognize that truck accident victims do not always have the money to hire an attorney, so we work on a contingency fee basis. Our clients don’t have to pay up front for our truck litigation services. We only get paid if we secure compensation for you. Nevertheless, certain case costs may still apply regardless of the outcome. We can explain this to you during your consultation.
If you’re considering hiring our Clearlake truck accident lawyers, contact us at (888) 488-1391 for a free case review.
How Much Is My Clearlake Truck Accident Case Worth?
We can’t immediately determine the value of a truck accident since every case is unique. After reviewing the case’s specifics, our Clearlake truck accident lawyers can evaluate a claim’s potential value.
Should Someone Accept The First Settlement Offer For Their Truck Accident Claim?
Soon after an accident, insurance companies may offer to settle a claim. However, it’s advisable not to settle without first properly assessing the nature and extent of your injuries. You might realize later that the settlement amount is insufficient to cover all your expenses, especially if your injuries persist and require ongoing medical attention. It is, therefore, risky to accept a settlement offer right away.
A knowledgeable lawyer can help you assess your claim. Our Clearlake truck accident attorneys can help you seek damages for your losses.
Is It Necessary To See A Doctor If I Don't Feel Much Pain After A Truck Accident?
Even if you don’t feel significant pain after an accident, our truck accident lawyers in Clearlake will tell you that getting a medical evaluation is necessary. You may not immediately realize the full extent of your injuries. It’s better to be cautious and ensure you are not severely injured.
Speak With Our Truck Accident Lawyers In Clearlake
Injuries sustained in a big rig accident can profoundly impact your life. Contact our Clearlake truck accident attorneys to schedule a free initial consultation. We can help you pursue compensation for your injuries, pain, and suffering from the at-fault parties.
Arash Law has the resources to investigate your claim and help you pursue compensation. Call us at (888) 488-1391 to discuss your legal options.
We provide our legal services in Clearlake and nearby locations, including Clearlake Oaks, Clearlake Riviera, Lower Lake, Twin Lakes, Kelseyville, Glenhaven, Lakeport, Lucerne, Middletown, Cobb, and Spring Valley.
