Desert Hot Springs Truck Accident Lawyers
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Our Desert Hot Springs Truck Accident Lawyers Offer Compassionate Legal Support For Injury Victims
Truck accidents can result in serious or fatal injuries. If you are injured or have lost a loved one in a truck collision, consulting with truck accident attorneys in Desert Hot Springs can help you understand your legal options. You can contact Arash Law at (888) 488 -1391 for a free initial consultation.
Desert Hot Springs is well-known for its naturally occurring hot and cold mineral springs. This vibrant and growing city empowers business owners in the tourism, retail, industrial, and various other sectors. Only minutes away from Palm Springs International Airport, Desert Hot Springs welcomes visitors and business developers with enticing shopping options, restaurants, and nearby golf courses.
The city’s economic opportunities have made logistics and the exchange of goods particularly common. Sadly, this increasing demand also raises the risk of truck accidents, especially when trucking companies impose unrealistic expectations and rigid schedules that compel drivers to rush while driving.
Attorneys experienced in truck accidents can provide guidance on how to document injuries, preserve evidence, and communicate with insurance companies after a collision. Legal counsel can also help victims understand possible avenues for seeking compensation and the necessary steps for filing a claim.
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
How Our Truck Accident Lawyers In Desert Hot Springs Can Help
Truck accident cases can be complex, and consulting with attorneys experienced in these matters can help victims understand their options and the steps involved. Attorneys may assist in the following ways:
- Providing Legal Guidance — Truck accident claims often involve detailed legal procedures. Attorneys can explain the claim process, deadlines, and potential avenues for pursuing compensation so you can make informed decisions.
- Conducting Investigations — Establishing negligence is a key element in many truck accident cases. Attorneys can help gather evidence, identify responsible parties, and document factors that contributed to the accident.
- Filing a Claim — Legal counsel can assist in preparing and filing claims with the at-fault parties or their insurance companies, ensuring that required documentation is submitted correctly and on time.
- Litigating in Court — If a case proceeds to trial, truck accident attorneys in Desert Hot Springs can represent victims in court, explaining the legal process and presenting evidence related to the accident and resulting injuries.
Why Hire Our Desert Hot Springs Truck Accident Attorneys
After a truck accident, having legal representation can be beneficial in your case. Here’s why you should work with our Desert Hot Springs truck accident attorneys:
- Our attorneys know the Desert Hot Springs’ roads, traffic patterns, and legal system, allowing us to offer personalized legal support tailored to your specific case.
- We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation on your behalf. Our attorneys will discuss the contingency fee arrangement and any case-specific costs that may arise so you fully understand the process.
- Our team speaks multiple languages, including Spanish, Farsi, Korean, Filipino, Italian, and more. This ensures clear communication and allows us to serve a diverse range of clients.
Typical Causes Of Truck Accidents
Smaller vehicles and their occupants are vulnerable to the dangers posed by large trucks, such as big rigs and delivery trucks. Truck drivers must be skilled, patient, and extra cautious when operating these massive vehicles. The consequences of driving errors can be catastrophic, especially when there are large vehicles involved.
Truck accidents often occur because of the following:
- Inexperienced Driver — Drivers with insufficient training in truck driving are more likely to cause collisions. These truckers need more exposure to safe driving practices to prevent truck accidents and ensure they’re ready to haul massive amounts of goods.
- Distracted Driving — Driving demands total concentration, more so when a driver operates a large vehicle. Using phones, eating, and adjusting the radio while behind the wheel are all forms of distracted driving.
- Driver Fatigue — Many trucking companies encourage drivers to speed up to meet demanding schedules despite safety risks. Some even provide incentives to truck drivers who work longer and drive faster than what’s allowed. Because of such unrealistic expectations in the trucking industry, truck drivers commonly experience driver fatigue. This reduces their reaction time and overall awareness, increasing the risk of accidents.
- Driving Under the Influence (DUI) — Substance abuse is a common issue not only in the trucking industry but among all drivers. According to the Department of Motor Vehicles (DMV), commercial drivers must not operate a vehicle if their blood alcohol content (BAC) is 0.04% or higher. Consuming substances beyond the allowable threshold impacts drivers’ reaction times and decision-making.
- Unbalanced Cargo — Cargo loaders must ensure cargo remains well-balanced and secured in a trailer to prevent sudden shifting. Trailers with unbalanced cargo may suddenly fall into another lane.
When investigating the circumstances of your truck accident in Desert Hot Springs, our attorneys work to identify the cause of the crash, determine liable parties, and establish negligence.
Common Types Of Truck Accidents
Truck collisions account for a relatively small percentage of all vehicle accidents, but they cause disproportionately high rates of serious injuries and fatalities.
Here are the most common types of truck accidents our lawyers in Desert Hot Springs encounter:
Rear-End Truck Collisions
This type of accident often happens when a truck driver tailgates or loses track of the vehicle’s stopping distance. Regardless of how fast a truck is traveling, a rear-end collision causes catastrophic damage, especially to smaller vehicles. Drivers and passengers of smaller vehicles may be severely injured or killed if a truck crushes their vehicles from behind.
Rollover Truck Accidents
Having a higher center of gravity than average vehicles makes trucks prone to rollovers. Additionally, rollovers are more likely to occur in windy conditions and with overloaded trucks. A truck is also likely to roll over when the driver loses control and overcorrects.
Rollover truck accidents sometimes happen in Desert Hot Springs. In March 2023, a two-vehicle collision involving a semi-truck hauling carrots and an SUV occurred at the intersection of Pierson Boulevard and State Route 62. The collision caused the semi-truck to roll over.
Jackknife Truck Accidents
These accidents typically occur with tractor-trailers, often when truck drivers brake too suddenly or drive on wet, slippery roads. A 90-degree angle resembling a folding knife forms between the tractor and trailer when the trailer swings out to the side. Until it stops, the truck may hit other vehicles, causing other drivers to swerve. Most jackknife accidents affect multiple lanes, causing more damage than other types of accidents.
Wide-Turn Truck Accidents
These accidents happen when a truck driver turns right before swinging left. Taking a left turn too far may cause the driver to hit a car in the opposite lane. However, not going far enough left may cause the driver to collide with a vehicle on the right side.
Underride Truck Collisions
In underride collisions, a small car crashes into the rear of a truck and gets wedged underneath. These collisions often cause fatalities. In the event of wrongful death, our Desert Hot Springs truck accident lawyers can assist families in seeking justice and pursuing compensation.
Usual Injuries In Truck Accidents
Injuries in a truck accident can be fatal if not treated immediately. Here are the typical injuries victims suffer in truck accidents:
- Neck & Back Injuries — Our back and neck have fragile bones and ligaments that can be injured easily when there’s a strong impact. Common back and neck injuries associated with truck accidents include whiplash, facet joint injuries, and fractures.
- Spinal Cord Injuries — The spinal cord can be injured in serious truck accidents. Victims often lose sensation and movement below the injury. A damaged spinal cord can also cause severe pain, loss of bowel or bladder control, and involuntary spasms.
- Head & Brain Injuries — Minor head injuries include mild bruises and concussions. The more serious traumatic brain injury (TBI) usually leads to long-term problems. Victims with moderate or severe brain injuries may need ongoing care.
- Burns — In truck crashes, there’s a higher risk of fuel tanks being damaged and causing fire. Victims with burn injuries suffer extreme pain, permanent scars, and emotional trauma.
- Amputation & Disfigurement — Losing a body part, whether it’s a fingertip or a limb, is traumatizing. Victims must undergo surgery and therapy to recover. Amputation is a life-changing experience that impacts the victim’s ability to work, move, and socialize.
- Internal Injuries — Blunt trauma from truck collisions can cause internal bleeding or organ damage, affecting the kidneys, liver, bladder, spleen, or pancreas. It can be hard to detect internal injuries immediately after an accident, as victims can experience internal bleeding without visible wounds.
Large trucks weigh 20 to 30 times more than passenger vehicles. It’s best to see a doctor right after an accident to discover any undetected injuries, even if you feel well. Our truck accident attorneys can assist you in finding medical professionals who may help with urgent care in Desert Hot Springs.
Parties Typically Liable In A Truck Accident
Multiple people can be held responsible for a truck accident, including the following parties:
- The Truck Driver — In most cases, the truck driver is the at-fault party for breaching their duty of care by acting negligently.
- The Trucking Company — Any form of negligence on the part of the company that owns the truck can make it liable for the accident. For example, they hired inexperienced truck drivers or failed to perform regular maintenance.
- Cargo Loaders — Cargo on a truck must be properly secured to ensure it stays in place throughout its rough journey. If cargo issues contribute to a truck accident, the cargo loading company may be held liable.
- Manufacturers of Vehicles or Vehicle Parts — If a malfunctioning vehicle causes an accident, victims can file a strict liability claim against the vehicle manufacturer. They can also seek compensation from the maker of the component if the cause was a defective truck part.
Truck incidents involve many elements. Identifying the parties at fault is usually tricky, particularly if the crash involved more than two vehicles. Our lawyers in Desert Hot Springs, with experience in truck accident cases, can help investigate your case and determine potentially responsible parties for the incident.
Comparative Negligence In Truck Accident Claims
California is one of 13 states that apply the pure comparative negligence rule. Under this rule, the court will deduct your assigned percentage of fault from your final compensation if you’re partly at fault for the accident.
For example, if the compensation stands at $500,000 but you’re found to be 10% at fault, you’re eligible to receive up to $450,000 (or 90%) of the award.
Our Desert Hot Springs truck accident attorneys can help protect you from being unfairly blamed, especially when the negligent party is shifting the blame onto you.
Establishing Liability In Truck Accident Cases
Lawyers demonstrate liability in a truck accident claim by establishing strict liability, negligence, or both. Truck drivers guilty of negligence may be held liable for the injuries and losses of victims. It’s necessary to establish negligence using the following elements:
- The truck driver owed the victim a duty of care.
- The truck driver failed to fulfill their duty of care by being negligent.
- It was the driver’s breach of care that caused injuries and losses to the victim.
- The victim suffered actual damages resulting from the accident.
Drivers are responsible for exercising reasonable care to protect everyone on the road, including other drivers, passengers, and pedestrians. Duty of care means drivers must be cautious at all times when behind the wheel.
Meanwhile, under California’s strict liability laws, all entities involved in product distribution, including manufacturers and designers, may be held liable if a defective product contributes to an accident, regardless of their intentions. It is not required to establish negligence in strict liability cases.
If you have questions about truck accident laws in Desert Hot Springs, our trial attorneys can provide guidance on your options.
Compensation You Can Pursue After A Truck Accident
The compensation you can collect depends on your damages and the circumstances of your case. Your damages could either be economic or non-economic. Our Desert Hot Springs lawyers for truck accidents can help review your losses and provide guidance on estimating the potential value of your case.
Victims can seek economic damages, which are measurable monetary losses. These include the following:
- Present and future medical bills, including transportation to and from healthcare facilities
- Additional healthcare costs, such as ongoing treatment and physical therapy
- Temporary or permanent loss of income capacity
- Funeral expenses (in cases of wrongful death)
Non-economic damages are subjective, intangible losses involving physical and emotional harm rather than finances. These are:
- Pain and suffering
- Permanent disfigurement or scarring
- Loss of consortium, such as in a marriage
- Loss of life enjoyment
- Mental anguish
What To Do After A Truck Accident In Desert Hot Springs, CA
Attorneys with experience in truck accident cases in Desert Hot Springs can provide guidance on steps you may take to protect your rights and understand your options. If possible, and you are able, consider taking the following actions after a truck accident:
Call 911 For Emergency Medical Services
After moving to a safe location, seek medical treatment right away. In many cases, exposure to stressful situations, such as a truck accident, causes an adrenaline rush. This feeling gives people a false sense of well-being.
See a healthcare professional even if you’re not experiencing any symptoms of injury. Some injuries, especially internal ones, manifest days or even weeks later. Additionally, check if someone else needs medical care if you’re able to do so.
Call The California Highway Patrol (CHP) Or Local Police
Commercial trucks are gigantic, weighing anywhere between 20,000 and 80,000 pounds. This is why truck accidents usually cause significant damage. CHP will provide emergency roadside assistance in such massive collisions. The local Desert Hot Springs police will also help protect the accident site and facilitate the investigation. Make sure to get a copy of the official police report for your claim.
Obtain Information From The Other Parties Involved
While waiting for the authorities, take photos of the truck driver’s license and insurance card. You can also jot down the driver’s full name, contact details, and address. Record the driver’s policy number and truck insurance company as well.
Other than requesting these essential details, there’s no need to talk about the accident itself. Any words you say can be used against you.
Collect Evidence At The Accident Scene
If you’re capable of doing so, take photos and record videos of the accident scene to strengthen your case. Capture as many clear images as possible from different angles. In addition, record yourself as you share relevant details, from your injuries and the truck driver’s behavior to the condition of the vehicles and other properties before and after the collision.
Speak To An Experienced Truck Accident Lawyer
Attorneys with years of experience in truck accident cases can help you understand your legal options, including potential settlement discussions or court representation if necessary. Call Arash Law at (888) 488-1391 for guidance.
FAQs About Truck Accidents
Is There A Deadline For Filing Truck Accident Claims In California?
Generally, the statute of limitations for filing a claim in California is two years from the date of the truck accident. If you’re unable to file a claim within this period, you may lose your rights to get compensated for your injuries and damages.
If the victim is a minor, the statute of limitations begins once the child turns 18. Meanwhile, you only have six months from the date of the accident to file a claim with a government agency. Then, the government must respond within 45 days. You have another six months to file a lawsuit if the government agency denies your claim.
Our Desert Hot Springs attorneys for truck accidents can check which deadlines apply to your case and guide you in filing paperwork.
How Much Does A Lawyer Get From A Truck Accident Settlement?
In California, most truck accident attorneys work on a contingency fee basis. This means that instead of paying upfront, the attorney’s fees are generally calculated as a percentage of any settlement or award obtained in your case. The exact percentage can vary depending on the complexity of the case, the attorney’s agreement, and the amount of work involved.
Before hiring an attorney, make sure to discuss the fee arrangement and any potential costs. Doing so helps you understand how fees are handled and what to expect during the claims process.
How Long Does It Take To Settle A Truck Accident Case?
Resolving a truck accident claim often takes a few months to two years or longer, depending on the specifics of the case. The more severe the damages, the longer it may take to resolve the claim.
After the accident, there will be a thorough investigation into its cause. Negotiations could drag on if the value of the claim is higher. Resolving an insurance claim will likely take at least a year, and filing a lawsuit can be necessary when insurance claims are not paid.
How Much Are Most Truck Accident Settlements?
The average settlement for semi-truck accidents in the U.S. is $40,000. This settlement amount typically includes medical bills, physical therapy bills, property damage, lost wages, and emotional suffering.
How Do Truck Accident Lawyers Negotiate Settlements?
Truck accident lawyers work to negotiate fair settlements by developing a strategy based on evidence, such as accident reports and doctors’ notes. They send a demand letter for a specific amount and negotiate directly with the insurance company.
Insurers usually send a counteroffer to the requested settlement amount. Our experienced Desert Hot Springs truck accident lawyers can assist clients during these negotiations and provide guidance on evaluating offers.
What Should I Ask A Truck Accident Lawyer Before Deciding Who To Hire?
Ask about the lawyer’s main areas of practice and their experience in handling truck accident cases. Additionally, find out how often the lawyer settles cases out of court. While you may want to resolve your case as soon as possible, you must hire an attorney with skills and experience in litigation in the event your case goes to trial. Then, clarify the fees and costs involved in resolving a claim. You may also want to know how your attorney will keep you updated about your case.
It’s best to choose a lawyer who offers a free initial consultation to see if they’re the right fit for your particular circumstances.
How Often Do Truck Accidents Happen In The United States?
The U.S. National Highway Traffic Safety Administration (NHTSA) reported a 17% increase in large-truck deaths, from 4,945 in 2020 to 5,788 in 2021. A total of 4,149 fatalities were occupants of the other vehicles, accounting for 72% of the deaths, whereas 1,008 deaths were truck occupants, accounting for 17% of total large-truck deaths.
In California, there were 437 deaths from large truck collisions, according to the National Safety Council (NSC). California ranked second in the country for having the highest number of large-truck occupants killed in 2021.
Additionally, 71% of the large trucks involved in deadly traffic accidents in 2021 were heavy trucks with a gross vehicle weight rating of more than 26,000 lbs. Multi-vehicle crashes involving large trucks were more likely to result in fatalities than single-vehicle crashes involving passenger cars. Around 81% of large trucks in fatal traffic accidents were involved in multi-vehicle collisions.
Large truck drivers accounted for 20.8% of total drivers with previously recorded traffic accidents. It is a slightly higher percentage compared to drivers of motorcycles, passenger cars, and light trucks.
Consult With Experienced Truck Accident Lawyers In Desert Hot Springs
Whether you’re suffering severe injuries or reeling from the wrongful death of a loved one after a truck accident, consulting with an experienced lawyer can help you understand your legal options. At Arash Law, our attorneys can provide guidance and support throughout the legal process. Schedule your free initial consultation by calling (888) 488-1391 or completing our “Do I Have A Case?” form.
We provide legal assistance to clients in nearby locations, including Palm Springs, Yucca Valley, Cathedral City, Rancho Mirage, Palm Desert, Banning, Indio, La Quinta, Coachella, Beaumont, Twentynine Palms, San Jacinto, East Hemet, Big Bear Lake, and Hemet. We also provide legal services in other areas across California, including Los Angeles, San Francisco, Oakland, and San Jose.
