Fresno Truck Accident Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Your Case Matters To Our Fresno Truck Accident Attorneys
Trucks transport essential goods across the country, helping boost each state and city’s economy. However, their sheer size and weight make them a threat to other travelers on the road, especially in the hands of a negligent driver. Get legal representation from our Fresno truck accident attorneys if you are injured in a trucking incident. Call Arash Law today at (888) 488-1391 to learn if you have a valid claim.
Injured victims may have the legal right to pursue compensation for losses they suffer in a truck accident. If you or a loved one is harmed in a similar incident, it is advisable to hire a lawyer in Fresno to protect your legal rights. In some cases, the claims process can be complex, and challenges may arise. Additionally, many people might not be fully aware of their rights.
You may need experienced personal injury attorneys to help you understand your situation. Our truck accident lawyers in Fresno can answer your questions and concerns.
How Can Our Fresno Truck Accident Attorneys Help Your Case?
Our Fresno lawyers support victims in pursuing compensation that may be available to them. To start, we offer a no-obligation initial consultation in order to determine whether you have a valid case. Additionally, we will negotiate with insurance companies or other potentially liable parties. Without legal representation, it may be challenging to assess your losses properly. When negotiating with other parties, you can rely on our personal injury law firm to advocate for your rights and interests.
If negotiations fail, taking your case to court can be one of the options. Having attorneys with litigation skills can be helpful in these instances. We can present your case in front of a judge or jury if filing for legal action is a viable option for your situation.
Our truck accident attorneys in Fresno will present key evidence in court, and our goal is to present evidence to support your claim for compensation. We can do that by demonstrating the defendant’s liability and the extent of your damages.
Our legal team can offer support and guidance throughout the duration of your case. We can do all the legwork and see that documents are filed on time so you can focus on your recovery.
Expect constant communication when working with our Fresno trucking accident lawyers. If you have questions or concerns, our team will answer them so you can make informed decisions throughout the process.
Trucking Accident
$3,120,000.00
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 Should You Hire Our Lawyers For Your Claim?
No Upfront Lawyer Fees Or Costs
We handle injury and wrongful death cases on a contingency-fee basis. Attorney’s fees are only charged if compensation is recovered. Clients may still be responsible for court costs or other case-related expenses, regardless of the outcome. We can explain this fee structure, along with other potential expenses, before moving forward.
Comprehensive Assessment Of Your Case
Our attorneys only file lawsuits when necessary, and they carefully assess each case to determine what action to take. Our Fresno truck accident attorneys aim to pursue a favorable outcome for clients.
Personal Attention To Each And Every Case
When you retain our injury law firm, our Fresno truck accident injury attorneys will personally handle your case from start to finish. We take a personalized approach to each claim we handle, so we’ll actively listen to every detail of your case.
Types Of Truck Accident Cases We Handle
Here are common accident cases our truck injury lawyers in Fresno can handle:
- Tire Blowout Accidents – When a truck’s tire bursts, the driver could lose control of the massive vehicle and cause an accident. Some factors behind tire blowouts are overloading and poor vehicle maintenance. Truckers and their employers are responsible for adhering to cargo weight restrictions and inspecting their vehicle parts.
- Jackknife Accidents – Slippery roads, sudden brakes, and vehicle failure can result in jackknifing, in which the trailer folds at an angle and resembles a folding knife. This incident typically spans multiple lanes, so the damage can be extensive.
- Head-on Collisions – Driver distraction, fatigue, or intoxication could cause the truck to swerve off its lane and collide with oncoming traffic. The consequences are often devastating, with victims suffering from life-altering injuries.
- Underride Accidents – If a truck abruptly stops, the smaller car behind it could crash into its rear end and get stuck under the trailer. Injuries related to this accident are usually catastrophic or fatal.
- Blindspot Accidents – Trucks have big blind spots known as “no zones.” When drivers don’t pay attention to these areas while turning or merging lanes, they could collide with other motorists.
- Rollover Accidents – Sharp turns, high speeds, and uneven cargo distribution can all cause trucks to tip over on their sides or roofs. These accidents lead to significant injuries and property damage, and in some cases, deaths.
Our Fresno truck accident attorneys can investigate the incident to understand the factors that contributed to it. Knowing what caused a crash can help us determine who the potentially liable parties are.
Contributing Factors In Truck Accidents
Driver error is a common cause of truck accidents in Fresno and the United States as a whole. It encompasses a variety of factors, from fatigued driving to speeding.
Here are some of the most common causes of truck accidents:
- Fatigue – This factor often stems from sleep deprivation and not resting enough. Fatigue can impair the senses, negatively affecting cognitive function and coordination, which may lead to accidents.
- Drunk Driving – Alcohol consumption also impairs the senses, making it harder for truckers to gauge their speed and direction. According to the FMCSA, the blood alcohol content for truckers should not exceed 0.04%.
- Aggressive Driving – Some forms of aggressive driving include tailgating, weaving in and out of traffic, lane blocking, failure to yield, and cutting other drivers off.
- Disobeying Traffic Laws – Trucks have specific traffic regulations, and commercial drivers must obey them at all times. For example, Fresno has truck lanes that all truckers must use and a maximum speed limit that they should follow.
- Negligent Maintenance – Trucking companies and truckers must always check whether their vehicles are safe for long-distance road travel. The FMCSA mandates the regular maintenance of braking mechanisms, tires, and lights, among other components.
- Improper Cargo Loading – Our truck accident attorneys in Fresno, CA, can check whether the crash you were in was caused by improper cargo loading. In California, trucks are allowed a maximum gross weight of up to 80,000 pounds, and loading companies must distribute this weight evenly. Trucking or cargo loading companies are also responsible for securing the goods to avoid shifting and falling during transport.
What Are Common Truck Accident-Related Injuries?
Truck accident victims often get serious injuries due to the size difference between trucks and most cars on the road. Trucks are much larger and heavier than the typical sedan or SUV. A fully loaded truck can weigh as much as 80,000 pounds, while the average car is around 4,000. Such disparity can result in injuries that may take months or years to heal.
Some common injuries victims suffer in truck accidents are:
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones
- Amputations
- Back and neck injuries
- Significant burns
Severe cases can also lead to fatalities. If you lose a loved one due to the reckless actions or inaction of a truck driver or trucking company, let us help. Our Fresno truck accident lawyers also handle wrongful death claims, where we help eligible family members pursue compensation for their losses.
How Long Do I Have To File A Truck Accident Claim?
In California, the typical statute of limitations for personal injury claims is two years. Unfortunately, some claims must be filed earlier, and other legal obligations must be met. For instance, if you have a claim against a government entity (like a city that left a dangerous pothole in the road), you must file a “notice of claim” within six months of the accident.
A notice of claim is an official notice to the defendant of the circumstances surrounding your claim. Meanwhile, if you were injured while on the job, you might have a workers’ compensation claim, but this must be filed within one year of your injury. In cases of property damage, victims have three years from the date of the accident to file a claim.
It’s important to file a legal action in time to ensure your right to pursue a claim is protected. As you can see, different timeframes may apply to your case. This is why it is essential to get legal advice as soon as possible to avoid compromising your case. Early intervention can also allow your Fresno truck accident attorney to gather and preserve evidence and take other legal steps to support your claim.
How Will I Be Compensated For Permanent Truck Accident Injuries?
Depending on the circumstances, you may be able to pursue compensation for ongoing and future losses due to your truck accident injuries. In the case of permanent injuries, the cost of continuing medical treatment can be staggering. Add in the lost earning capacity and your pain and suffering.
So, how are these losses calculated when they have not occurred yet at the time your case is settled or the jury issues a verdict? To prove these losses, your Fresno truck accident attorneys can collaborate with expert witnesses to assess the potential long-term impact of your permanent injuries.
Lost Wages And Reduced Earning Capacity
If you are permanently disabled, this can decrease your earning capacity, and you might be unable to return to work altogether.
In this case, the defendant could be obligated to pay you the full value of the wages you would have earned between the time of the accident and your expected retirement age. You may also be eligible for employment benefits such as health insurance and employer retirement contributions. Your truck accident attorney will hire an economist to project the value of these benefits, which will be adjusted for inflation.
To prove this loss, your employer must establish that you are unable to work due to your injuries. The insurance company will almost always challenge this claim (unless the injury is dramatically apparent, such as paralysis). The defense lawyer will likely hire their own medical expert to verify this information. The defense can also require an Independent Medical Evaluation (IME).
They could hire a doctor who will perform a medical examination to assess your injuries. If the IME report agrees that you are unable to work, the insurance company may proceed with a valuation of your lost wages. If not, your case will likely have to go to trial, where a jury will hear testimonies from medical experts on both sides and determine whether or not you are unable to return to work. In some cases, the victim can still hold employment, but only on a limited schedule or role.
Medical Bills
Permanent injuries may require a lifetime of medical care. However, when your case is settled or goes to trial, you will not have receipts or bills to prove because you have not received treatment yet. Your truck accident lawyer can work with an expert to project these expenses.
Usually, these experts are life care planners. They are certified experts who determine what medical care, in-home services, modifications, medical equipment, and other expenses you will need due to an accident.
Pain And Suffering
Permanent injuries will result in lifelong pain and suffering. Even if they only cause mild discomfort, a lifetime of pain will be significant.
You could also experience long-term trauma if your body is disfigured. Even a small physical change – such as a scar – can cause lasting mental distress. Significant disfigurements, like amputated limbs, can cause suffering from something known as phantom limb pain.
That said, how much is enough to compensate you for a lifetime of pain and suffering? This isn’t easy to put a dollar value on. It would help if you got legal advice from your own lawyer. Our Fresno truck accident attorneys can review your case to determine if intangible losses are relevant to your situation.
Possible Liable Parties In A Truck Accident Claim
Usually, other parties’ negligence is what causes truck accidents. Here are some of the people or entities that can be held liable in certain situations:
- Truck Driver — Once the driver is inside the truck, they are responsible for every aspect of operating it. Various factors could constitute negligent driving. If they fail to follow traffic laws, neglect inspection and maintenance of the vehicle before and after each trip, or drive while impaired, they could be held liable for a resulting accident.
- Trucking Company — While trucking companies are partly responsible for their drivers’ actions, they can be directly negligent in cases where they fail to inspect and maintain their fleet, hire unqualified drivers, or force their employees to neglect safety protocols.
- Truck or Parts Manufacturer — Sometimes, a faulty truck design or defective truck component is the main contributor to an accident.
- Other Drivers — Drivers of smaller passenger vehicles may also be held liable if their negligent actions trigger a truck accident. They might be driving under the influence of alcohol and/or drugs, or suddenly cut in front of a truck and stop.
Our Fresno truck accident attorneys can analyze the available evidence to help determine the potentially liable individuals for your case.
How Can A Lawyer Prove Who Was At Fault For A Truck Accident In Fresno?
You may need a personal injury lawyer who has experience with truck accident cases. Our truck accident attorneys in Fresno will investigate thoroughly, including taking statements from involved parties.
Additionally, our lawyers can assess the damage to the vehicles, examine the scene, or take other physical evidence to determine liability.
Here are examples of what our Fresno truck accident lawyers can use to prove fault:
Expert Witnesses
In some cases, an injury lawyer might need to hire expert witnesses to establish what happened in an accident. Accident reconstructionists are trained to analyze and provide expert testimony about how an accident may have occurred. Mechanics and engineers can testify about equipment that malfunctioned or was not properly maintained.
If the insurance company denies that the truck driver was negligent, your lawyer might need to hire an expert witness to testify about what a “reasonable” truck driver would do in a similar situation. The type of expert witnesses required will depend on the specific circumstances of your unique case.
Electronic Data
Since December 2019, the federal Department of Transportation has required electronic logging devices for most commercial trucks that cross state lines. These devices are mainly used to determine the number of hours and miles a trucker has driven to ensure compliance with the DOT’s “hours of service rules.” These rules limit the number of hours a trucker may drive without taking a break, the number of days a trucker may drive before taking a day off, and how long a rest period must be.
However, these boxes are not only used to monitor hours of service. They store other critical data, such as:
- The speed of the vehicle traveling at approximately five seconds before a collision.
- How the brakes were applied about five seconds before a collision.
- Any change in velocity up to three seconds before a collision.
- The engine throttle position five seconds before a collision.
- Whether the truck driver was wearing a seat belt at the time of the crash.
- The number of collisions the truck has been involved in.
- The length of time in between collisions that the truck has been involved in.
All of this information can be critical in determining who was at fault for causing a truck accident. Still, records from the logging device may not necessarily be saved after a collision. Like surveillance footage, trucking data is sometimes purged during routine server maintenance.
It is recommended to get an attorney involved in your case quickly in order to preserve this data. They can take the necessary steps to obtain this evidence from the trucking companies.
Do I Really Need To Hire Fresno Truck Accident Attorneys?
You might be asking, “Do I need a personal injury attorney?” You have the right to settle a personal injury claim on your own without a lawyer, but there are many reasons why having one could be a good idea.
- First, you may not know that your legal rights are being violated.
- Second, you could accidentally say or do something that may hurt your case. All communication about the accident must go through their office if you have an attorney. You can maintain proper legal protocols by following this approach.
- Third, a truck accident attorney representing your interests can provide valuable insight into what your claim might be worth.
An experienced Fresno personal injury lawyer can help assess the potential value of your case, considering your injuries, how and where the accident occurred, and other relevant factors.
What Should I Do After A Truck Accident In Fresno?
After any motor vehicle accident, you should always prioritize your health and safety. The first thing you’ll want to do is get out of the dangerous situation and seek medical attention. Call 911 as soon as possible, and do not leave the scene.
Once you have sought medical assistance and secured your safety, here are some important steps to keep in mind:
Get A Copy Of The Police Report.
Although this document is often inadmissible in court, it contains important details about the accident. Our Fresno truck accident lawyers can use this information during our investigation, such as witness statements and any citations issued for disobeying the law. Additionally, California law requires any driver involved in an accident to report the incident within 24 hours, especially if it results in injury or death.
Avoid Social Media.
In this day and age, some people always update their social media accounts with everything that has happened to them. Nevertheless, this could do you more harm than good. The at-fault party may use everything they can find against you. A seemingly innocent post may compromise your claim. As much as possible, run your posts with your Fresno truck accident attorneys to avoid potential issues.
Keep Any Documents Related To The Accident.
Keep any receipts, bills, or reports you can get your hands on safe. Track your expenses, your medical conditions, and anything related to your accident. These documents will be helpful pieces of evidence later on and can be used to calculate your losses. As much as possible, organize everything into a folder.
Don’t Delay Legal Action.
As discussed, California has a statute of limitations when it comes to filing a personal injury claim. If you miss this deadline, your rights to compensation may be forfeited.
Consider All Offers Carefully.
While the offer may look good at face value, do not accept anything until you speak to a lawyer. In some cases, initial offers may be inadequate to cover initial expenses. Our truck accident attorneys in Fresno can help you assess the extent of your losses to determine what may constitute a fair settlement offer.
Hire An Experienced Lawyer.
Ultimately, the decision will be yours. However, if you hire our Fresno truck accident lawyers, we will help you consider all legal avenues for compensation. If you need help deciding whether to accept an offer or not, contact us at (888) 488-1391.
Issues To Expect In Claims Against Large Trucking Companies
Here are more issues you could encounter once you file a claim against large trucking companies:
Liability Dispute
In certain instances, trucking companies may dispute their liability in an accident. They might shift the blame to you or say that there is insufficient evidence to prove they were at fault. In some cases, they might blame other potentially liable parties.
Nevertheless, they are usually responsible for their employees’ negligence under certain circumstances. Our truck accident lawyers in Fresno can review evidence to clarify who may be liable for your damages.
Low Settlement Offers
Some large trucking companies and their insurers may offer an amount that couldn’t cover your damages and losses. In such cases, Fresno truck accident lawyers can assess available documents to determine what could be the appropriate settlement amount.
Delays In Communication & Negotiation
Delays can sometimes occur during the insurance claims process, particularly with communication or negotiations. In some cases, other parties may not promptly cooperate. These delays could affect the progress of a claim and may increase the risk of missing important legal deadlines.
Fresno truck accident attorneys can handle all communication on your behalf to address issues in a timely manner. They can keep track of the applicable time limits to avoid compromising your case.
Truck Accident Statistics
The National Safety Council reported that nearly 5,000 large trucks were involved in fatal crashes across the United States in 2018. Large trucks also accounted for 9% of all fatal accidents that year, even though they made up just 4% of all registered vehicles on the road. By 2022, the number of large trucks involved in fatal crashes had reached 5,837, a whopping 17% increase within just four years.
Why are large trucks more dangerous in accidents? The answer is physics. A large, heavy vehicle (such as a commercial truck) generates more force in a collision. The added force means that the accident is more likely to result in serious injuries, some of which might not be survivable.
If the truck is speeding, this generates even more momentum, and the collision is even more likely to result in serious injuries or death. Our trucking accident lawyers in Fresno encourage victims to understand their legal rights and consider pursuing claims against liable individuals when appropriate.
The Dangerous Areas Of Fresno
Areas with heavy traffic also have more traffic accidents. This means that Fresno’s busy areas will be more likely to have a higher rate of truck and car accidents. Be cautious when traveling on the main highways, including the 99, 180, 41, and 168. Our Fresno truck accident attorneys also advise you to be careful when traveling on surface streets, which are the main thoroughfares in Fresno.
Herndon Avenue, Shaw Avenue, and Shield Avenue all connect local highways, which means a lot of local traffic uses these roads to access the highways. CSU Fresno is off Barstow Avenue, and this area can also become busy with traffic from students, professors, administrators, and visitors. Meanwhile, Downtown Fresno has attractions such as the Mural District and Chinatown. These, too, bring traffic to the surrounding areas.
Of course, drivers must always pay careful attention to their surroundings, but they should be especially careful when driving in heavy traffic areas. Look out for other vehicles, pedestrians, bicycles, motorcycles, electric scooters, and other road users.
Frequently Asked Questions
What Does The Law Consider A Commercial Truck?
According to the FMCSA, a commercial vehicle is any vehicle that is used to transport passengers or property. Trucks that transport hazardous materials and have a gross vehicle weight rating of 10,001 pounds or more are included.
Our Fresno truck accident lawyers can review your case to assess whether you might have a claim against the trucking companies that handle these commercial vehicles. We’ll explore all avenues for pursuing compensation.
When Should I Accept A Settlement Offer For My Fresno Truck Accident?
Consider accepting the settlement offer after discussing it with your truck accident lawyers in Fresno. Keep in mind that initial settlement offers from insurance companies may not always account for all of your losses. You won’t be able to negotiate any further once you accept any offer they make. You may also be unable to file additional claims for any further losses.
What If I Have Lost A Loved One In A Truck Collision In Fresno?
If your loved one is killed in a fatal crash, you may be eligible to pursue a wrongful death claim. These could be spouses, domestic partners, children, parents, siblings, and legal heirs of the victim. Our Fresno lawyers for truck accident cases can handle the process on your behalf. Eligible family members may be able to seek damages for burial costs, funeral expenses, and other losses.
The powerful impact of a truck can immediately kill a victim in an accident. In some cases, they may survive for a while before succumbing to their injuries. Most of the victims of fatal truck accidents are occupants of smaller cars. Pedestrians and cyclists are also more vulnerable in these incidents.
How Do I Know My Truck Accident Case’s Worth?
The value of your truck accident case depends on certain factors, such as who is at fault, the degree of fault assigned to them, and the estimate of the following expenses:
- Your past and future medical bills
- The current value of your damaged property
- The total wages and benefits you would have earned
- The estimated value of your pain and suffering
- The estimated value of future costs related to disabilities and disfigurement.
Our Fresno truck accident attorneys can quantify and estimate the potential value of a case. They can assess available documents such as receipts, pay stubs, and other important records.
Can I Only Recover My Medical Expenses After A Fresno Truck Accident?
Truck accident victims may be able to recover economic and non-economic damages related to the accident. Besides your medical expenses, you may also seek damages for your totaled car, your lost wages, and the benefits you would have received if not for the accident. In some cases, compensation for lost relationships with family and friends, mental distress, and chronic pain may be available.
Some victims may also be awarded punitive damages in severe cases of negligence and intentional harm. However, it is extremely rare and can only be given at trial at the discretion of the court. To know what damages may apply to your case, consult Fresno truck accident lawyers.
How Long Will It Take To Get Paid By The Defendant After My Fresno Truck Accident?
As with your case’s worth, it’s also hard to say how long it will take for you to get paid. Some cases end quickly, usually because the defendant is willing to offer a fair settlement early on. In some cases, it takes months or years of negotiations before the victim gets paid.
Additionally, proceeding to trial would extend the process. Without the facts about your case, it can be difficult to provide a precise estimate. Reach out to our attorneys in Fresno, who handle truck accidents and other personal injury claims, to learn the possible timeline for your case.
Contact Our Truck Accident Lawyers In Fresno
A truck accident is a terrifying experience, and the stress of filing a personal injury claim does not help you recover. Let an injury attorney handle the legal paperwork and advocate for your rights. Our experienced Fresno truck attorneys, led by Arash Khorsandi, Esq., have decades of combined experience in representing injured victims.
Our truck accident attorneys in Fresno can provide legal support when pursuing compensation. Call (888) 488-1391 or contact us online to schedule your free initial consultation. Let us be your advocates so you can focus on rehabilitation.
In addition to truck accidents, our Fresno accident lawyers handle various personal injury cases, including auto accidents, Uber or Lyft crashes, premises liability claims, pedestrian accidents, motorcycle collisions, hit-and-run, and DUI-related crashes.
Arash Law also serves clients in Visalia, Madera, Tulare, Sanger, Chowchilla, Cedar Grove, Clovis, Huron, Corcoran, Woodlake, San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California.
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