Fresno Truck Accident Attorneys
Fresno Truck Accident Attorney Don’t Just Win, They Win Big!
Injury victims have the legal right to be compensated for losses they suffer in a truck accident. If you or a loved one has been injured in an accident, it is essential to hire a Fresno truck accident lawyer to protect your legal rights. The insurance company is not on your side. Their claims adjusters are trained to pay as little as possible on as few claims as possible.
These companies also have armies of lawyers to defend unfair compensation decisions. You need an experienced injury attorney to fight on your side and get the compensation you deserve. Our dedicated Fresno truck accident attorneys are here to help.
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
Truck Accident Statistics
The National Safety Council reports that nearly five thousand large trucks were involved in fatal crashes across the United States in 2018. Large trucks also accounted for nine percent of all fatal accidents that year, even though they made up just four percent of all registered vehicles on the road. This means that large trucks are more likely to be involved in fatal accidents than other types of vehicles.
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 collision 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. It is absolutely vital that injury victims hold truck drivers and transportation companies responsible for the injuries they cause. Doing this encourages safer driving habits from other truck drivers in the future and makes the roads of California safer for everyone.
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 auto accidents. Be cautious when traveling on the main highways, including the 99, 180, the 41, and the 168. It would help if you also were careful when traveling on surface streets that are main thoroughfares.
Herndon Avenue, Shaw Avenue, and Shield Avenue all connect local highways, which means there is a lot of local traffic using 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. Downtown Fresno has attractions such as the Mural District and Chinatown.
These, too, bring traffic to the 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.
How Long Do I Have to File a Truck Accident Claim?
The typical statute of limitations on personal injury claims in California 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. Notice of claim is an official notice to the defendant of the circumstances surrounding your claim. If you were injured while on the job, you might have a worker’s compensation claim, but this must be filed within one year of your injury – not two.
As you can see, many different deadlines might apply to your case. This is why it is essential to get legal advice as soon as possible to be sure you do not miss any deadlines or claims. Early intervention will also allow your attorney to preserve evidence and take other steps to protect your legal rights.
How Will I Be Compensated For Permanent Truck Accident Injuries?
You are entitled to compensation for all the losses you will suffer throughout your life due to your truck accident injuries. In the case of permanent injuries, the lifelong costs of medical care can be staggering. Add in the lost earning capacity and your pain and suffering, and it becomes clear why some permanent injuries result in multi-million dollar verdicts. But how are these losses calculated? They have not occurred at the time your case is settled, or the jury issues a verdict. To prove these losses, your lawyer will hire expert witnesses to project the losses that you will suffer throughout your life due to your permanent injuries.
If you are permanently disabled, this can result in a permanent decrease in your earning capacity. You might be unable to return to work together. In this case, the defendant would 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 will also be entitled to compensation for employment benefits such as health insurance and employer retirement contributions. Your lawyer will hire an economist to project the value of these benefits. The total of your lost wages and employment benefits will also be adjusted for inflation.
First, your employer must establish that you are unable to work due to your injuries. The insurance company will almost always challenge this finding (unless the injury is dramatically apparent, such as being paralyzed). The defense lawyer will likely hire their own medical expert to determine whether you are really unable to work. The defense can also require an Independent Medical Evaluation (IME).
There, a doctor who is hired by the insurance company will perform a medical examination to render an opinion about your injuries. If the IME report agrees that you are unable to work, the insurance company will proceed to a valuation of your lost wages. If not, your case will likely have to go to trial. There, a jury will hear testimony from medical experts on both sides and determine whether or not you are unable to return to work.
In some cases, the injury victim can return to work, but only on a limited schedule or in a limited role. In this case, there is still a reduction in the victim’s future earning capacity. The defense might hire a vocational expert to prove how much you can make in the labor market. But again, you are entitled to compensation for the difference in your wages before the accident and after the accident. If you lose out on employment benefits, these too will be compensable.
Permanent injuries will require a lifetime of medical care. But when your case is settled or goes to trial, you will not have these bills because you have not received treatment. Your truck accident lawyer will have to hire an expert to project these expenses.
Usually, this will be a life care planner. Lifecare planners are certified experts who determine what medical care, in-home services, modifications, medical equipment, and other expenses you will need due to an accident. The defense has the opportunity to challenge costs that are included in the life care plan.
Again, your case might have to be taken to a jury, so they can decide whose expert is more credible and what costs you are entitled to.
Pain and Suffering
Permanent injuries will result in a lifetime of pain and suffering. Even if your permanent injuries only cause mild discomfort, the pain over a lifetime will be significant. You could also have a lifetime of suffering if your body is disfigured. Even a small disfigurement – such as a scar – can cause suffering over a lifetime. Significant disfigurements like amputated limbs can cause suffering from something known as phantom limb pain. You are entitled to compensation for all of these losses.
But how much is enough to compensate you for a lifetime of pain and suffering? This isn’t easy to put a dollar value on. Insurance companies know this, and they will take advantage of any opportunity to reduce its value. You should never believe the insurance company when they tell you that your pain and suffering isn’t worth very much or that a jury will not care about your disfigurements and discomfort.
Remember, the insurance company is on the other guy’s side. It would help if you got legal advice from your own lawyer who is fighting on your side. Only your own lawyer can give you a fair assessment of what your pain and suffering is really worth. You are legally entitled to compensation for all the pain and suffering you must endure throughout your life due to the accident.
How Can a Lawyer Prove Who Was at Fault for a Truck Accident?
In some cases, the insurance company will be able to determine who was at fault simply by taking statements from the involved drivers. At other times, their investigators may need to assess the damage to the vehicles, examine the scene, or take other physical evidence to make a liability determination. Sometimes, the truck driver’s insurance company will continue to deny liability even after completing these initial investigations. In these cases, you will need an experienced injury lawyer who knows how to prove what happened.
In some cases, an injury lawyer might need to hire expert witnesses to establish what happened in an accident. Accident reconstructionists are trained to prove exactly how an accident 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 the “reasonable” truck driver would do in a similar situation. The expert witnesses that are required will depend on the specific circumstances of your unique case. An experienced personal injury lawyer will know how best to prove how an accident occurred.
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. But these boxes are not only used to monitor hours of service. They store other critical data, such as:
- The speed of the vehicle 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 about five seconds before a collision
- Whether the truck driver was wearing a seat belt at the time of the crash
- How many 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. 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 essential to get an attorney involved in your case quickly in order to preserve this data. Once your attorney notifies the trucking company that you have a potential claim and specifies the information that must be saved, they can be held accountable for any data that goes missing.
Do I Really Need to Hire an Injury Lawyer?
You have the right to settle a personal injury claim on your own without a lawyer. But there are many reasons why this might not 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 will hurt your case. If you have an attorney, all communication about the accident must go through his or her office. Doing this protects you from damaging your own claim. Third, only an attorney who is on your side can give you a fair idea of what your claim is really worth.
Remember that the insurance company is on the side of the other driver. They will try to convince you that your claim isn’t worth very much or pressure you to settle quickly before you have a chance to investigate your claim thoroughly. You should never take legal advice from someone who is not on your side. An experienced Fresno personal injury lawyer would be able to tell you the fair value of your case, accounting for your injuries, how the accident occurred, where the accident occurred, and other factors that will affect your case if it were brought to a jury.
For all these reasons, having an injury lawyer on your side could dramatically affect the amount of money that your case will settle for. Injury victims who have attorneys consistently receive higher settlements than victims who settle their cases without legal advice.
Why Choose Our Team Of Fresno Truck Accident Attorneys?
No Upfront Fees Or Costs - Ever!
You only pay attorney fees if we win your case. All injury and wrongful death cases are handled on a 100% Contingency-Fee Basis. That means we only get paid if we get you results.
Fastest Possible Resolution With Maximum Results
We only file lawsuits when necessary such as cases where the defendants dispute liability or will not pay enough for damages. We are known for obtaining maximum results in an expedited manner.
We Have A Reputation In Fresno
Our law firm is rated A+ by the Better Business Bureau and maintains an outstanding reputation in the community. We’re proud of our multiple industry-recognized awards!
Personal Attention To Each, And Every Case
The Right Truck Accident Attorneys for Fresno Injury Cases
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 ensure your rights are protected. The experienced Fresno truck lawyers at Arash Law led by Arash Khorsandi, Esq. have decades of experience protecting the rights of injury victims. Our firm also serves clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California.
We have collected over 500 Million dollars for clients across the state, and we can protect your legal right to compensation, as well. Call (888) 488-1391 or contact us online to schedule your free consultation. Let us defend your legal rights so you can focus on making the best recovery possible from your injuries.