Madera County Truck Accident Lawyers
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Our Madera County Truck Accident Lawyers Provide Dedicated Legal Representation
Driving a commercial truck is tough, but getting in an accident with it is tougher. The sheer weight of the vehicle alone makes it hard to maneuver. Furthermore, deliveries in Madera County and throughout California are subject to long days and nights of driving and strict deadlines. All these may result in an increased risk of truck accidents. If you got hurt in a trucking collision, consult our Madera County truck accident lawyers at Arash Law. Call us at (888) 488-1391 for a free case review.
Driving through Madera County is a wonderful experience because of its scenic roads and highways. However, commercial truckers do not have the liberty to drive along their roads leisurely because they need to deliver various goods in a timely manner. That is why it is essential for them to stay committed to driving safely. Otherwise, they, along with other road users, may suffer the severe consequences of trucking accidents.
Arash Law’s truck accident lawyers in Madera County understand how challenging traffic collisions are. Our team can help you navigate the complexities involved in personal injury claims. Get a free initial consultation to explore your legal options and determine if you have a case.
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
How Can Madera County Truck Accident Lawyers Support Your Claim
The goal of our experienced truck accident attorneys in Madera County is to help you achieve a fair resolution for your case. We support your claim by creating a tailored solution to your unique needs. Our years of experience and extensive legal knowledge of personal injury laws can help in the following:
- Evaluating Your Case’s Worth — Having a clear understanding of the value of your case during negotiations can help you make informed decisions. We will conduct a thorough investigation to determine the value of your case. Our team will take into account all the damages you sustained from the truck accident when evaluating your case.
- Analyzing Evidence to Back Your Claim — There should be established negligence for you to be able to seek compensation. To corroborate your theory of liability, we will analyze the pieces of evidence gathered, which requires intensive investigation, and we will do so on your behalf.
- Building a Well-Supported Case — As we analyze evidence, we can slowly build a well-documented case that we can leverage during negotiations and litigation, if necessary, by utilizing our understanding of Madera County ordinances and California laws. Our team also has connections to professionals, such as doctors and accident reconstructionists, who can help support your claim.
- Negotiating with Insurance Companies — Truck accident claims often involve not only the driver but also the trucking company and its insurers. These situations can feel overwhelming, especially when negotiating with larger companies. Our lawyers can handle all communications on your behalf, allowing you to focus on getting better.
- Providing Legal Assistance in Court — Should the need arise, particularly when a settlement isn’t reached, we are prepared to take your case to court. Our dedicated litigation team is dedicated to advocating for your rights with care and commitment.
Why Work With Our Truck Accident Lawyers In Madera County
Hiring our Madera County lawyers for truck accidents can help you pursue compensation for your losses. Our team has decades of cumulative experience and has handled cases similar to yours. We are familiar with how trucking companies and insurers operate, and we use that knowledge to advocate for your rights throughout your case.
Our legal team provides personalized attention to each case. We will handle all the legal work, so you can focus on healing.
Contact Arash Law to know if you have a viable claim. Consultation is free, with no risks and no obligations. You may ask your questions and voice out your concerns. We will help you understand your situation and guide you on the next steps.
How Do Trucking Accidents Happen?
Trucking accidents happen for a multitude of reasons. Our Madera County truck accident attorneys will have to confirm the cause of the crash to know if there is a negligent party. If their negligence is established, you may be able to pursue a legal claim.
Here are the common forms of negligence that cause traffic collisions involving trucks:
Driving While Intoxicated
Alcohol-related traffic accidents are prevalent, even in the trucking industry. Alcohol negatively affects a person’s cognitive function, and truckers might not have enough time to rest after drinking due to time constraints.
Published research in the Alcohol Health and Research World journal shows that alcoholism results in slowed processing of information, difficulties with problem-solving, and issues with perceiving objects. All these are needed when driving. Failing to react or adjust appropriately to hazardous situations can result in accidents.
Texting While Driving
Another common denominator among negligent truck drivers is texting while driving. Using mobile phones is one of the major causes of traffic accidents. It takes the driver’s attention from the road. They could be unaware of their surroundings and unable to react to traffic before them.
Driving Under The Influence Of Drugs Or Alcohol
Drugs and alcohol can significantly impair the user’s perception, attention, coordination, cognition, and other brain functions necessary for safe driving. Impaired drivers are more likely to make risky choices or lose control of their vehicles, increasing the likelihood of a collision.
Failure To Comply With Safety Measures
According to the Madera County Code of Ordinances, drivers cannot drive any truck with a gross weight greater than three tons on any county street. Meanwhile, the California limit is 20,000 pounds on single axles. For tandem axles, the weight limit is 34,000 pounds, according to Caltrans.
However, some trucking companies offer incentives to truckers based on the weight they can deliver in a given time. Because of this, many commercial truck drivers may overload their trucks to increase their income. Unfortunately, this can make the vehicle even harder to maneuver. These trucks are more likely to roll over and crash, increasing the risk of hurting innocent bystanders.
Overfatigued Driver
Commercial truck drivers are no strangers to long hauls. They often cross states to deliver their goods. It can take days, often requiring long hours on the road. More often than not, truckers would skip rest and proper sleep to make deliveries faster. Not only will they finish the job earlier, but they may also take on more jobs.
However, fatigue can impair an individual’s ability to solve problems and their reaction time. They are also more prone to irritability and road rage. According to Road Safety at Work, fatigue is a contributing factor in 20 percent of crashes.
Ignoring Traffic Laws
Traffic laws are put in place to control the flow of traffic and maintain safety on our roads. Drivers have a duty of care to other motorists they share the road with. When they blatantly break traffic laws, they neglect this duty. This behavior puts everyone at risk.
Improper Maintenance
Trucks are more prone to mechanical issues because of their loads and long drives across states. That is why it is the responsibility of both trucking companies and drivers to maintain their vehicles. Failure to maintain trucks can cause issues. For example, a truck’s tire may not be able to handle both the speed at which the driver is going and the weight it is supporting. This can cause tire blowouts, which in turn can lead to crashes and collisions.
If these factors are behind a truck accident, Madera County attorneys may file a legal claim against the trucker and the trucking company on behalf of the victim.
What To Do After A Truck Accident
Being struck by a massive vehicle can cause significant injuries to the victims. To help protect your potential claim, consider taking these steps following a collision:
- Truck accidents are disorienting and terrifying, but try to remain calm. Check yourself for injuries.
- Remove yourself from harm’s way if you can move safely. Otherwise, stay on the scene and wait for authorities to come.
- Call 911 as soon as possible. Wait for the dispatched police and EMT, and cooperate with them. Get immediate medical attention from the EMTs, especially if you have severe injuries.
- The police may also require your statement. Give them all the details you can remember. However, do not admit any fault. Also, avoid apologizing, as this can be seen as guilt.
- Gather information if you can. Exchange information with the trucker and other parties involved. Take their names, contact details, and insurance information, along with a photo of their IDs.
- Take pictures and footage of the surroundings, including traffic signs, markers, and the accident’s position from the traffic. Also, take pictures of the plate numbers, trucking company logo, and details, and car models.
- Obtain witness testimonies and their contact details. Ask them if it is possible to contact them later on for further assistance.
- Notify your insurance company of the accident. You may need to cover your medical expenses up front, but working with our Madera County truck accident lawyers can help you explore your options in pursuing compensation.
- Consult with a personal injury lawyer. Hiring a lawyer can help ease the legal burden of filing a claim.
Who Can Be Held Liable In Truck Accidents?
Personal injury claims related to truck accidents are often based on the theory of negligence. The term negligence refers to a failure to exercise reasonable care in preventing harm to others. By definition, it refers to the breach of a duty of care that results in the injury or damage of another individual.
You and your Madera County truck accident lawyers may be able to seek compensation against multiple at-fault parties following a truck crash. These may include:
- Truck Drivers — The one operating the vehicle may be held liable for the accident if their actions directly led to it. For example, they might have ignored traffic laws or used their phones while driving. Besides a civil lawsuit, they may also face criminal charges, especially if they are driving under the influence of drugs or alcohol.
- Trucking Companies — The trucking company can also be held liable, especially if they have hired a driver with past negative records. This means they did not do proper background checks. They can also be held liable if they do not give their drivers appropriate training for operating big rigs or if they implement unsafe and unfair working conditions.
- Truck Manufacturers — If a defective truck part causes an accident, the manufacturer could also be held accountable.
Proving Liability In Truck Accidents In Madera County
To establish liability in a truck accident, truck accident attorneys in Madera County have to establish negligence through evidence.
After a thorough investigation, your attorney can work to demonstrate negligence by proving the following four key elements:
- Duty of Care — The duty of care refers to the legal obligation to act reasonably in order to avoid harming others.
- Breach of Duty — In the absence of compliance with this obligation, the defendant can be considered to have breached their duty.
- Causation — This means there must be a direct link between the defendant’s breach of duty and the damages suffered by the plaintiff. In other words, the plaintiff’s injuries or losses must have been caused by the defendant’s actions or failure to act.
- Damages — These are the actual injuries or losses the plaintiff has suffered, which may include medical expenses, lost income, pain and suffering, and other costs.
How Comparative Negligence Laws May Affect The Outcome Of Your Case
California is a comparative negligence state. It means that parties involved in a personal injury can be partially at fault for the accident. Moreover, their level of fault can significantly affect the outcome of the case.
For example, if the court found the trucking company to be 20 percent liable, it would be responsible for 20 percent of the settlement award. Meanwhile, the remaining percentage will be covered by the other defendants proven to be liable by the court.
Moreover, victims can be held partially at fault. If they are 10 percent liable, they can only recover 90 percent of the total compensation. To learn more about comparative negligence and how it may affect the outcome of your case, consult with our Madera County lawyers for truck accidents at Arash Law.
Types Of Truck Accidents In Madera County
There are different types of truck accidents, and each one can have a different level of severity. The following are the types of truck accidents in Madera County that our lawyers handle:
- Rollover — Big and heavy vehicles are more likely to roll over. This generally happens when the truck travels a curved path. The weight then transfers to one side, and the truck is unable to retain balance. It is common among tractor-trailers because of their high center of gravity.
- Rear-End Collision — Trucks take a longer time to stop than regular vehicles. There are times when drivers are unable to calculate when to stop and how far the vehicle is in front of them. Rear-end collisions are typically less severe in car accidents. However, trucks are bigger, which means the impact can be stronger.
- Jackknife — If the trailer swings outward, a jackknife accident occurs. This typically happens when the driver slams the brake. It can be incredibly dangerous as the trailer can crash into oncoming traffic and involve multiple vehicles.
- Tire Blowout — Poor maintenance can cause tire blowouts. Truck tires have a lifespan of three to six years, depending on how well-maintained they are. When the tire blows out, the driver can lose control of the truck, swerving in and out of lanes.
- Unsafe Loads – Truckers and trucking companies must follow the weight limit to avoid accidents. Heavy loads can cause accidents like rollovers. Moreover, truckers should properly secure the load. Loose cargo can hit other vehicles and cause significant damage.
When Should I Hire Madera County Truck Accident Attorneys For My Injuries?
Hiring Madera County truck accident lawyers promptly can help address the challenges that may arise in the claims process, preserve evidence, and assist you in determining potential avenues for compensation. Legal representation can also help you meet important deadlines for filing a claim.
Many victims do not pursue legal action against truckers and trucking companies because of several factors. Some may accept a settlement offer from the trucking company, believing it is their only option. Once the offer is accepted, the victim won’t be able to pursue additional compensation, as it typically closes the claim.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
What Damages Can I File A Claim For After A Truck Accident?
Injured parties may be able to seek monetary compensation through a personal injury claim. The deadline is usually two years from the date of the accident or the date of discovery. These losses are economic and non-economic.
Economic losses pertain to the financial loss of the victim. Medical expenses, for example, are included in this category. Your party may be able to prove them in court via bills, receipts, and invoices. Furthermore, your lawyer may add present and future hospital bills, medications, medical equipment, rehabilitation, and therapy to the calculation.
Victims may also lose their source of income if they get injured, and these losses may be included in a claim for damages, as well as property damages, utilities, and relevant transportation expenses.
Meanwhile, non-economic damages refer to intangible losses. These include pain and suffering, loss of consortium, reduced quality of life, mental anguish, depression and anxiety, isolation, loss of enjoyment of life, and mental health issues like depression and anxiety. Non-economic damages are more challenging to prove, especially without the assistance of Madera County truck accident attorneys.
Will I Receive Punitive Damages For The Accident?
In rare cases, punitive damages are awarded by the court in addition to compensatory damages. However, the court only awards punitive damages in 5% of the verdicts. They are considered punishment for the harmful actions of the defendant.
Truck Accident Statistics In The United States
Truck accidents are some of the common traffic incidents. In 2022, there were 168,320 truck accidents, of which 4,766 were fatal. California ranked second as the state with the most truck incidents. The state has reported 13,603 traffic collisions involving large trucks.
Passengers of other vehicles are more vulnerable to injuries in trucking collisions. Around 71 percent of them had been injured. Meanwhile, 27 percent are occupants of the large trucks. The remaining 2 percent included pedestrians and bicyclists.
Meanwhile, in 2021, the National Safety Council (NSC) reported 117,300 truck-related crashes. It saw a 12 percent increase from 2020, which had 104,700 reports.
FAQs About Truck Accidents In Madera County
What Legal Options Do Families Have After The Loss Of A Loved One In A Truck Accident In Madera?
Depending on the specifics of the case, family members or successors of the deceased may be able to file for a wrongful death claim with the help of our Madera County truck accident lawyers. This can help them pursue compensation for the financial loss of losing a loved one, such as costs for the funeral, medical bills left behind, and possible loss of income.
How Long Do I Have To File A Truck Accident Claim?
California has a statute of limitations of two years from the date of injury for truck accident claims. However, if the plaintiff is seeking compensation from a government entity, they must file a claim within six months of the accident. Although two years may seem long, you can easily miss the deadline. Talking to our truck accident lawyers in Madera County can help you understand what time limit applies to your case and what steps are needed to meet these deadlines.
What If I Can’t Afford To Hire A Truck Accident Lawyer?
Here at Arash Law, our goal is to make legal representation by our truck accident attorneys in Madera County accessible to anyone. We offer our services through a contingency agreement. That means we only get paid if you get paid. There are no hidden or upfront fees. Victims do not have to pay attorneys’ fees unless they receive compensation. If there’s no compensation, they won’t owe us for hiring our legal services.
Our lawyers for truck accidents in Madera will discuss these fees and other case-related costs that may be charged separately, regardless of the outcome, during your case assessment and before you sign any agreement.
Speak To Our Truck Accident Attorneys In Madera County
If you are injured in a truck accident in Madera, you may need to undergo a lengthy and costly rehabilitation procedure and miss time from work. It becomes tough to pay for medical treatment when your funds are depleted. You also do not have an income to rely upon, as you cannot work due to your injuries.
You may also face challenges when pursuing a personal injury claim, such as disputes about liability. Our team at Arash Law provides legal assistance and dedicated support to clients who are seeking accountability against at-fault parties. We are committed to guiding you through the legal process and advocating for your rights, whether through negotiations or litigation, for your injuries and other losses.
We offer legal services in various neighboring places within Madera County, including San Francisco, San Jose, Fremont, Modesto, Stockton, Fresno, Merced County, Porterville, Berkeley, Salinas, Visalia, Los Banos, Turlock, and Tulare County.
Contact us at (888) 488-1391 or fill out our “Do I Have A Case?” form for a free initial consultation.
