Clearlake Truck Accident Lawyers
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Get The Money You Deserve With Help From our expertClearlake Truck Accident Lawyers
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 get maximum compensation for your damages. We offer a free 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, insurance companies will not make it easy to recover fair compensation for your damages. You need our industry-recognized Clearlake truck accident attorneys to handle your case and secure the justice you deserve.
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
The best thing you can do after being injured in a truck accident is to hire 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 all relevant parties on your behalf. You won’t have to deal with insurance negotiators, who may try to pressure you to accept a low settlement offer quickly. We will send a letter of representation to each party involved.
Building Your Case
Our Clearlake truck accident lawyers can also help build and present a compelling case to the insurance company, jury, or judge.
To accomplish this, we will gather relevant information, such as:
- Crucial pieces of evidence, including police reports, photos, videos, black box data, eyewitness statements, and more
- Medical bills, receipts, and proof of expenses
- Settlement offers from insurance companies
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 recovering. Our Clearlake truck accident attorneys can build and present your case, ensuring you have a compelling claim. Contact us today at (888) 488-1391.
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 pictures of the collision
- Getting statements from witnesses
- Reviewing camera footage (if available)
- Evaluating property damage
Determining Liability
Experienced lawyers in Clearlake can help you determine 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 all the liable parties, we will help you prove their negligence. This is done by proving that the truck driver owed a duty of care to the victim and violated that duty. We will also prove that the negligent act caused your injuries and losses.
Calculating Your Losses
An injured victim is entitled to monetary compensation for their losses. You may seek 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. Our Clearlake truck accident lawyers will help you determine the damages you may be entitled to recover.
Negotiating with Insurance Companies
One of the most valuable services our truck accident lawyers in Clearlake provide is negotiating on your behalf. Insurance companies are notorious for taking advantage of victims when they’re most vulnerable and trying to settle for the lowest possible amount. First settlement offers are usually the lowest, so it’s best not to accept them without consulting an attorney.
Even if you have negotiation skills, dealing with insurance adjusters can be challenging since it’s their job to minimize payouts. Our lawyers are well-versed in the negotiation process. We will work to secure the best possible resolution for your case.
Reviewing Settlement Offers
Multiple insurance companies are often involved in 18-wheeler accident claims. These companies will offer you less than your case is worth instead of paying you a fair amount. Sometimes, one insurance company offers a settlement without involving the others. Accepting a deal from one insurer may impact your efforts to recover 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 all your damages. We can inform the insurance company that you are prepared to go to court to seek compensation. Most insurance companies understand that a settlement is better than a trial.
However, if we still can’t agree, our Clearlake truck accident lawyers will file a lawsuit naming all the at-fault parties and their insurance companies. We will present a compelling case to the judge or jury, protecting your rights and interests.
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 should seek legal assistance from an attorney who understands these nuances to recover damages. Our Clearlake truck accident attorneys have decades of experience handling these claims. Call us at (888) 488-1391. Let’s discuss how we’ll achieve the most favorable outcome for your case.
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 ignore these guidelines to maximize profits.
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 ensure they are not falsified to protect the company or the driver.
Hurt in a Truck Accident?
Types Of Truck Accidents Our Attorneys 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, truck 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 expert investigators and accident reconstructionists, we can analyze the details. Our team will meticulously document the sequence of events to determine fault and liability.
At Arash Law, we are committed to providing you with comprehensive legal support so you can recover compensation for the damages you sustained. Dial (888) 488-1391 for a free, no-obligation consultation.
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 all 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 easily 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 .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 may 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.
Whatever the cause, our Clearlake attorneys can help you pay your medical bills and recover your lost wages after a truck accident. Contact us today 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 make sure they are properly accounted for in your claim.
Who is Liable In A Truck Accident?
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 specializing in truck accidents can help identify the parties that should be liable for your case. Call us today at (888) 488-1391 to see how we can help.
Establishing Fault for Truck Accident Injuries
To establish liability for your personal injury claim, you’ll need good Clearlake truck accident lawyers to help you prove the following elements:
- 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 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, UPS, 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 will show causation, that the damages you incurred were due to the defendant’s breach of duty.
- Damages — Lastly, we will 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 — Courts may determine that the defendant acted recklessly or intentionally in some trucking accident cases. 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 falsified.
California does not cap damages, allowing for the possibility of substantial compensation. Our Clearlake truck accident lawyers can assess your damages and ensure you get the most you’re entitled to. Call Arash Law today at (888) 488-1391. We’ve recovered $500 Million for injured victims; we can help you, too!
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 can recover. Here are the steps you should 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, ensure you also get their contact information. Then, take photos of the damages 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 the best Clearlake truck accident lawyers. They can help you negotiate with insurance companies and represent you in court. Having a lawyer can also improve your chances of obtaining compensation. Let us help with your case. Call Arash Law at (888) 488-1391 so we can evaluate your claim.
What Should I Do If An Insurance Company Calls Me?
To avoid misinterpretation of your words, you should always 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 are a billion-dollar industry that profits by paying injured people as little as possible. These companies often ask claimants to give a recorded statement. A claims adjuster will ask questions and record your answers. They will then examine the transcript to find ways to deny your claim or blame you for the accident.
It’s crucial to retain legal counsel as soon as possible. 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. Call us at (888) 488-1391 before it’s too late.
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 recover 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 and suffer $100,000 in damages, you can still recover $40,000.
If you believe you contributed to an accident, call the truck accident lawyers Clearlake relies on today. We can help you estimate your degree of fault, if any, and the compensation you may be entitled to.
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 the overall success of your case.
At Arash Law, we 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 pay nothing upfront for our truck litigation services. We only get paid if we secure compensation for you.
If you’re considering hiring our Clearlake truck accident lawyers, contact us at (888) 488-1391. We offer a no-cost consultation where you can speak with one of our award-winning attorneys.
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, the best Clearlake truck accident lawyers can evaluate a claim’s potential value.
Should Someone Accept The First Settlement Offer For Their Truck Accident Claim?
After an accident, insurance companies may offer to settle a claim immediately. However, it’s best if you don’t 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 better and maximize your compensation. Let our record-setting Clearlake truck accident attorneys help you recover all the damages you deserve. Talk to us today.
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 lean on the safe side and ensure you are not severely injured.
Speak With The Truck Accident Lawyers Clearlake Trusts
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 will help you recover compensation for your injuries, pain, and suffering from the at-fault parties.
Arash Law, led by the esteemed Arash Khorsandi, Esq., has extensive resources to fully investigate your claim and ensure you get the justice you deserve. 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.
