Madera County Truck Accident Lawyers
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Our Competent Madera County Truck Accident Lawyers Are Personally Committed To Securing Your Justice
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 the rest of California beyond are subject to long days and nights of driving and strict deadlines. All these increase the risks of truck accidents. If you got hurt in a trucking collision, consult the Madera County truck accident lawyers at Arash Law right away. Call us today at (888) 488-1391.
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 its 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 and other road users may suffer the grave consequences of trucking accidents.
Arash Law’s truck accident lawyers in Madera County understand how challenging traffic collisions are. Our team, headed by Arash Khorsandi, Esq., can help you navigate these overwhelming times. Get a free consultation today to know your legal options. Fill out our “Do I have a case?” form. We will let you know if you have a case and are entitled to compensation.
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 Attorneys Help You Get Maximum Compensation?
The main goal of experienced truck accident attorneys in Madera County is to help you get maximum compensation. They can help you obtain this by creating a tailored solution to your unique issue. Their years of experience and extensive legal knowledge of personal injury laws will help in the following:
- Evaluating your case’s worth – Having a clear understanding of the value of your case during negotiations can help us deny and accept offers. Therefore, we need to know how much your case is worth. The value should include all the damages you sustained from the truck accident.
- Analyzing evidence to back your claim – There should be established negligence for you to get compensation. To corroborate your theory of liability, we will analyze the pieces of evidence gathered. This requires intensive investigation, and you can rely on us to do that on your behalf.
- Building a compelling case – As we analyze evidence, we can slowly build a strong case that we can leverage for the maximum compensation. We use our deep understanding of Madera County ordinances and California laws. Our team also has connections to outside experts that can corroborate our claim.
- Negotiating with insurance companies – Generally, these truck accident claims and lawsuits do not just involve the driver at fault. Big trucking companies may also be a part of the claim, and dealing with them can be intimidating and aggressive. Victims do not have that much power over these companies, so they either give in to lowball offers or do not care at all. Hiring a lawyer can make a world of difference in the way they treat your case.
- Providing legal assistance in court – Should the need arise, particularly when a settlement isn’t reached, we will take your case to court. Our expert litigation team will aggressively protect your legal rights.
Advantages of Choosing Our Madera County Truck Accident Lawyers for Your Claims
Hiring our Madera County lawyers for truck accidents increases your chances of getting the maximum compensation. Our team has decades of cumulative experience. We have handled cases similar to yours, so we understand what to expect. Moreover, we have experience in negotiating with companies that only take advantage of accident victims. Knowing how they operate gives us an idea of how to fight them back to protect your rights.
Arash Law has won over $750 Million in compensation for our clients across California. You can trust our legal team to give your case the same attention as our previous clients. In addition, we have a proven track record of successful results. Getting to know you is part of ensuring we know how to deal with your case. And once you have us by your side, you can focus on your recovery. Leave the burden to us, and we will relentlessly represent you in negotiations or court.
Fill out our contact form today to start your onboarding process. Consultation is free and with no risks and no obligations. Ask your questions and voice out your concerns; we will ensure you fully grasp your situation and know what to do next.
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. Once their negligence is established, you may be able to pursue a legal claim.
Here are the most 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. Not being able to react to hazardous situations can cause accidents.
Texting While Driving
Another common denominator among negligent truck drivers is texting while driving. Using mobile phones is one of the leading causes of traffic accidents. It takes the driver’s attention from the road. They could be unaware of the surroundings and unable to react to traffic before them.
Driving Under the Influence of Drugs
Illegal substances can significantly impair the user’s perception, attention, coordination, cognition, and other brain functions necessary for safe driving. Truckers can become reckless and lead their massive vehicles to collide with other cars.
Failure to Comply with Safety Measures
According to the Madera County Code of Ordinances, drivers cannot drive any truck with gross weights 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 driver would 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 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 ensure safety on our roads. Truckers 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. It puts smaller vehicles at risk of crashing into these massive trucks.
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. That is why you need to protect your well-being and legal rights and do the right thing after the crash. If you are conscious and able, make sure to perform the following:
- 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. But 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. Unfortunately, you have to pay for your medical expenses initially. However, working with our truck accident lawyers in Madera County ensures you have a better chance of getting compensation.
- Call Arash Law as soon as possible. Hiring a lawyer will help ease the burden of filing a claim. You also get faster results, so you do not drown in debt.
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 can pursue multiple defendants following a truck crash. These may include:
- Truck driver – The one operating the vehicle is 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.
- Trucking company – 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 manufacturer – If a defective truck part causes an accident, the manufacturer could also be held accountable.
Proving Liability in Truck Accidents in Madera County
To prove liability in a truck accident, truck accident attorneys in Madera County have to establish negligence through strong evidence. Your attorney can prove negligence after a thorough investigation.
Attorneys have to prove four elements to establish this: duty, breach, causation, and damages.
- Duty – The duty of care refers to the legal obligation to act reasonably in order to avoid harming others.
- Breach – In the absence of compliance with this obligation, the defendant is considered to have breached their duty.
- Causation – It refers to when a defendant’s breach of duty caused the plaintiff’s damages.
- Damages – These are the injuries the plaintiff is suffering from, which the settlement award can cover.
How Comparative Negligence Laws Affect the Outcome of Your Case in Madera County, California
California is known as 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 get the maximum compensation possible, hire the Madera County attorneys 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 investigate:
- 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 its 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 minor for car accidents. However, trucks are bigger, which means the impact is 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 Expert Madera Truck Accident Attorneys for My Injuries?
Hiring an attorney as soon as possible is crucial. You have a better chance of acquiring thousands or even millions more when you have legal representation. Also, you can avoid missing the deadline for filing a claim with a lawyer.
Many victims do not pursue legal action against truckers and trucking companies because of several factors. For one, they may have already accepted the offer the trucking company made. This is not unheard of, and unfortunately, it is one of the biggest mistakes victims can make. They accept the offer, thinking it is the only amount they can get. Unfortunately, once the offer is accepted, the victim won’t be able to pursue a claim anymore.
Additionally, some victims believe having a lawyer is expensive. However, Arash Law and our Madera County truck accident lawyers work on a contingency fee basis. Victims do not have to pay anything upfront. Instead, a portion of their compensation will be used as payment. This agreement assures everyone has access to legal assistance.
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 You Get Compensation for After a Truck Accident?
Injured parties can seek monetary compensation if they can file a personal injury claim within the deadline, which is usually two years from the date of the accident or date of discovery. The compensation is made to cover the losses incurred by the accident. 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 can prove them in court via bills, receipts, and invoices. Furthermore, your lawyer will include present and future hospital bills, medications, medical equipment, rehabilitation, and therapy in the calculation.
Victims can also lose their only source of income when they are injured. This will be added to the damages incurred and should be covered by the settlement award. Moreover, property damages, utilities, and travel expenses are also included in economic damages.
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 Madera County truck accident attorneys.
Will I Receive Punitive Damages for The Accident?
Victims can also possibly get punitive damages for the accident. They are considered punishment for the harmful actions of the defendant. It is made on top of the settlement award compensating economic and non-economic damages.
However, the court only awards punitive damages to 5% of the verdicts. Most of the time, it is awarded if Madera County truck accident attorneys can prove that the defendant’s action was intentional or done with malice.
Truck Accident Statistics in The United States
Truck accidents are some of the most common traffic incidents. In 2022, there were 168,320 truck accidents, of which 4,766 had been 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
Can a Family Earn Support After the Loss of A Loved One in A Truck Accident in Madera?
Yes, family members or successors of the deceased can file for a wrongful death claim with the help of our Madera County truck accident lawyers. This can help them recover from the financial loss of losing a loved one. It can help support 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 limitation of two years for truck accident claims. However, if the plaintiff is seeking compensation from a government entity, they can only file for 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 as soon as possible can avoid this mistake.
What if I Can’t Afford to Hire a Truck Accident Lawyer?
Here at Arash Law, legal representation by competent truck accident attorneys in Madera County is 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. And if we do not win your case, you can walk away with no obligations.
Call the Top-Rated Truck Accident Attorneys Madera County Trusts for A Free Consultation!
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.
Insurers and transportation companies may claim they are not responsible for your losses, but do not believe them. Their sole objective is to save money for their companies.
Arash Khorsandi, Esq. and his legal team at Arash Law are here to provide you with legal assistance and emotional support. We know how hard this is for you. It all seems unfair to be injured and worry about your health and finances when you were just trying to be safe out on the road. But the negligence of someone else has left you with physical and mental wounds.
You can rely on our Madera County truck accident attorneys to help in your legal journey. We assure you we will relentlessly fight for your rights. Our goal is to obtain the maximum compensation. You can recover not just from your injuries but from the mounting medical bills 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.
