Milpitas Truck Accident Lawyers
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Our Milpitas Truck Accident Lawyers Offer Guidance For Your Legal Journey
Truck collisions can result in devastating consequences. If you’ve been injured in a truck accident, call our Milpitas truck accident lawyers at (888) 488-1391. We offer free, no-obligation initial consultations.
The aftermath of a truck accident can leave victims facing numerous challenges that can potentially affect their daily lives. Medical bills can accumulate quickly, especially for injuries that require surgeries, expensive treatment, or rehabilitation. Additionally, victims may lose work opportunities or get into financial trouble. The financial strain can create a ripple effect, impacting not only the victim but also their loved ones.
However, the process of pursuing compensation can be complex and time-consuming. If you sustained injuries in a truck collision, you may contact our lawyers for truck accidents in Milpitas to understand your legal options. At Arash Law, our dedicated lawyers have years of experience advocating for the rights and interests of injured truck accident victims.
How Our Milpitas Truck Accident Lawyers Can Help
Our attorneys have decades of experience helping truck accident victims. We understand the unique challenges that truck accident cases present, including regulatory issues and complex liability concerns. Our team can conduct thorough investigations and build a well-supported case that addresses every facet of your situation.
Our Milpitas truck accident attorneys offer personalized representation that is focused on pursuing a fair resolution on your behalf. We are experienced in handling cases involving large trucking companies and their insurance providers. We will advocate for your rights throughout the negotiation process.
When you work with us, you’re hiring a team committed to your case. Our Milpitas injury law firm is dedicated to listening to your concerns, answering your questions, and guiding you through the legal process.
We also understand that after a truck accident, your primary concern should be healing and rebuilding your life, not worrying about how to pay for legal representation. Our contingency fee structure means that you won’t incur any lawyer fees unless we obtain compensation on your behalf. However, you may still be responsible for certain expenses regardless of the outcome. Our payment arrangement, fees, and other case-related costs will be discussed during your case review, so you know what to expect before you proceed to the next step.
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
Types Of Truck Accidents And Potential Injuries
Truck accidents can take various forms, each resulting in potentially serious injuries. Here are some of the common collisions and the injuries these incidents can cause:
- Jackknife Truck Accidents — This type of accident occurs when a truck’s trailer swings out to the side. As the trailer swings, it can collide with other vehicles. Victims of jackknife accidents can suffer from a wide range of injuries, including head trauma, internal bleeding, and spinal injuries.
- Rollover Truck Accidents — Rollover accidents happen when a truck tips over. This type of collision poses significant risks not only to the truck driver but also to the occupants of surrounding vehicles. Common injuries associated with rollover accidents include spinal and neck injuries, fractures, and, in severe cases, amputations and death.
- Rear-End Truck Accidents — Rear-end truck crashes often happen when a truck follows another vehicle too closely. These accidents can result in serious injuries for those in the vehicles involved, including head trauma, whiplash, neck injuries, and other catastrophic harm.
- Sideswipe Truck Accidents — This type of collision occurs when a truck makes contact with an adjacent vehicle while veering to the side or changing lanes. The sudden nature of these accidents can catch drivers off guard, causing a variety of injuries, including fractures, cuts, neck injuries, and crush injuries.
- Underride Truck Accidents — A smaller vehicle can become trapped beneath a truck. This catastrophic incident can lead to traumatic brain injuries, crush injuries, amputations, and fatal injuries.
We understand the physical, emotional, and financial toll that these types of collisions can cause. Our truck accident lawyers in Milpitas are committed to helping protect your rights and seek compensation for your injuries and losses.
Common Causes Of Truck Accidents
Our truck accident lawyers in Milpitas know that these collisions occur for a variety of reasons, even when other drivers take safety measures. Determining the cause of an accident can help establish liability. Common factors include:
- Driver Fatigue — Truck drivers frequently travel long distances, often requiring them to spend many hours behind the wheel. Furthermore, some trucking companies impose tight schedules to meet delivery deadlines, encouraging drivers to push themselves to cover more miles in less time. When drivers don’t get enough rest, they may have difficulty focusing. They may also fail to notice important traffic signals or misjudge the speed and distance of other vehicles.
- Blind Spots — Blind spot accidents are common. When driving, it’s a good idea to give large commercial trucks as much space as you can. Because of their size, they have much larger blind spots. Staying in a truck’s blind spots is dangerous.
- Equipment Failure — Maintaining a truck is very important for maintaining safety. However, major accidents can result from equipment failures like tire blowouts or brake issues. Preventing these kinds of problems requires routine maintenance and inspections.
- Overloading — When a truck’s load exceeds its permissible weight, it can become challenging to manage and pose a risk to other drivers or pedestrians.
- Speeding and Reckless Driving — Driving carelessly or at high speeds reduces a driver’s ability to react quickly to unexpected obstacles and significantly heightens the severity of any accidents that may occur.
- Lack of Training — Proper training is essential to ensure that truck drivers possess the necessary skills, knowledge, and judgment required to navigate the challenges of the road safely. When drivers are inadequately trained, the risks of accidents increase dramatically.
- Road Conditions — Truck drivers can get into crashes if they aren’t ready for road conditions like potholes, construction zones, and missing or broken signs.
Truck Accident?
Potentially Liable Parties In A Truck Accident
Several parties could be held accountable in a truck accident. Our Milpitas truck accident lawyers can help you identify who may be responsible for your losses. In some cases, liable parties include:
- Truck Driver — If the truck driver’s carelessness played a part in the collision, they might be held accountable. For example, a truck driver may be negligent if they break industry rules or traffic laws.
- Trucking Company — The trucking company the driver works for may share liability for the accident. For example, suppose the company failed to conduct thorough background checks, provide comprehensive training, maintain its fleet properly, or follow hours-of-service rules. In that case, it can be deemed negligent and held responsible for any resulting accidents.
- Vehicle Manufacturer or Maintenance Provider — If a truck accident results from a defect in the vehicle’s design or manufacturing process, the manufacturer can be held liable under product liability laws. Maintenance providers, including repair shops and service centers, can also be held liable for truck accidents if they fail to perform necessary maintenance or repairs adequately.
- Cargo Loaders — Unbalanced or overloaded cargo can cause stability problems. If the accident was caused by poorly secured cargo, those who loaded the cargo could be held accountable.
- Other Motorists — Reckless drivers are one of the common contributors to accidents. Our car accident lawyers can help you hold another driver accountable if their negligence led to the collision.
- Third-Party Contractors — In certain situations, third-party contractors in charge of upkeep, inspections, or other facets of the truck’s operation may also be held liable.
- Government Entities — Government entities can also be held liable when poor road design and inadequate signage, maintenance, or lighting contribute to truck collisions.
Establishing Negligence In A Truck Accident Claim
If you think you might have a potential claim, our Milpitas truck accident lawyers offer a free initial consultation to discuss your case and determine whether your claim is valid.
To pursue a truck accident claim, you have to demonstrate these four essential elements:
- Duty of Care — You need to show that the at-fault party has a legal obligation to act with care. For instance, truck drivers must follow traffic laws and safety regulations to help protect other road users.
- Breach of Duty — Once a duty of care has been established, it must be demonstrated that the liable person violated that duty. A truck driver running a red light is one example.
- Causation — The next step is to demonstrate that your damages were directly brought on by the other party’s breach of duty.
- Damages — Lastly, you need to demonstrate that you were harmed. Medical expenses, missed income, or pain and suffering are examples of damages.
What if you had some responsibility for the collision? Even if you share some of the blame for an accident, you may still be able to pursue compensation under California’s pure comparative negligence system.
The percentage of your liability will be deducted from your compensation. For instance, the damages you can pursue will be lowered by 20% if you are deemed to be 20% at fault. Our skilled truck accident lawyers in Milpitas can assist in presenting a well-supported case.
What To Do After A Truck Accident
Being involved in a truck accident can be a traumatic and overwhelming experience. However, your actions in the moments following the incident can significantly impact your health, safety, and future legal claims. Our Milpitas truck accident attorneys strongly recommend taking the following steps:
- Prioritize Safety — One of the primary priorities after an accident is making sure everyone is safe and avoiding pileups. Switch on your hazards, turn off the engine, and pull your car to the side. Call 911 if needed.
- Check Yourself for Injuries — Take a moment to assess yourself and others for injuries. Sometimes, adrenaline can mask pain, so be thorough. Check on any passengers or other involved parties to determine if emergency medical assistance is needed. Call 911 if anyone is injured.
- Collect Evidence — Take pictures and videos of the scene if you can. Get the other motorist’s license, registration, and insurance details, and make a note of the contact information of any witnesses.
- Get Checked in the Hospital — Get checked by paramedics at the scene or go to the emergency room after the accident, even if you feel fine. Some injuries may not be immediately apparent, and a medical record can be valuable for your case.
- Notify Your Insurance Company — Contact your insurance provider and report the accident. Provide honest and factual information about the incident. Stick to the basics and avoid giving recorded statements without consulting your lawyer.
- Consult a Truck Accident Attorney — To understand your legal options following a truck collision, you may consult with our Milpitas truck accident lawyers.
Settlement in a heavily disputed Truck v. Truck case. Our client was blamed by the insurance company from day one and was always told that they would never take responsibility for the collision that injured our client’s lower back. After years of litigation, Benny and the team were able to secure the full policy limits for our client months before trial.– BENNY KHORSANDI
Evidence For A Truck Accident Claim
Determining fault in a truck accident is more complex than in a car accident for a variety of reasons. This is why we aim to obtain key pieces of evidence to bring the truth to light. Our Milpitas truck accident lawyers can conduct a thorough investigation, gathering evidence such as police reports, eyewitness accounts, driver statements, and surveillance footage to identify who should be responsible for your injuries.
In addition to the above, your attorney may review driver logs, maintenance records, and cell phone data to uncover any violations of trucking regulations or instances of negligent driving. Expert witnesses in fields such as trucking regulations or medicine can also offer professional insights that may help clarify liability and support your case.
California’s Statute Of Limitations
The statute of limitations sets a strict deadline for filing a lawsuit against the responsible party. Under California law, victims of truck crashes and other personal injury cases typically have two years to file a claim. However, exceptions may apply in certain cases, such as those involving victims who are minors or situations where there is a delayed discovery of injuries.
This means that victims of truck accidents have a limited window to file a lawsuit and seek compensation. Missing this deadline could result in losing the right to pursue damages altogether. Our experienced Milpitas truck accident lawyers offer a free initial case evaluation to determine the deadline that applies to your situation and work to file legal documents within the time limit.
Truck Accident Statistics
In 2022, there were 5,837 fatal accidents involving big trucks, a 1.8% increase from 2021 and a 49% rise over the past 10 years. Since 2021, the rate of accidents per 100 million miles driven has increased by 3% and by 24% over the last decade. Big trucks accounted for 6% of vehicles in fatal crashes and 10% of all vehicle miles traveled.
In 2022, 120,200 large trucks were involved in accidents that caused injuries. This is a 2.5% increase from the previous year. Since 2016, the number of large trucks in injury-related accidents has risen by 18%. The number of accidents per 100 million miles traveled increased by 5.7% to 37.
In the past year, there were 5,936 deaths due to large truck crashes. This marks a 2% increase from the previous year and a significant 49% rise over the last ten years. Most of these deaths, about 70%, involved people in other vehicles. Occupants of trucks made up 19% of the fatalities, while non-occupants, mainly pedestrians and cyclists, accounted for the remaining 11%.
If you or a loved one has been injured in a truck accident, our dedicated Milpitas truck accident attorneys can help explore your legal options and assist you throughout the claims process.
Frequently Asked Questions
How Much Would My Truck Accident Settlement Be?
It can be difficult to determine the worth of a case without the relevant details. The value of a claim depends on the losses incurred by the victim due to the incident. The level of property damage, the circumstances surrounding the accident, and the severity of your injuries affect how much compensation you may be able to pursue.
Our Milpitas truck accident lawyers can conduct a thorough evaluation of your case to provide a more accurate estimate of your potential settlement. Our team will consider the relevant factors, including medical expenses, lost wages, pain and suffering, and any long-term impacts on your quality of life.
Should I Accept The First Settlement Offer?
It may be beneficial to seek legal advice before accepting settlement offers. Accepting an offer waives your right to pursue further compensation. If your losses or injuries are more severe than what you initially thought, you may no longer request additional compensation. To determine whether the settlement offer is reasonable, get in touch with one of our Milpitas truck accident attorneys.
Will I Have To Go To Court For My Truck Accident Case?
The majority of truck accident-related personal injury cases are resolved out of court. However, in certain situations, such as when a fair settlement can’t be reached, your lawyer might advise taking your claim to court. If you want to sue for your injuries, our Milpitas truck accident attorneys can help protect your rights and interests in or out of court.
Can I Seek Compensation If I Was Partially At Fault?
Generally, you may still be eligible to pursue compensation even if you were partially at fault. California follows the pure comparative negligence rule. This means that even if you were partially to blame for the accident, you may be allowed to seek compensation. However, your compensation will be reduced in proportion to your percentage of fault.
If there are issues with the assessment of liability, we can help. Our Milpitas truck accident attorneys will advocate for your rights and help you gather crucial evidence to support your case. If you’re not sure if you have a valid claim, fill out our “Do I Have A Case?” form.
How Long Do Most Truck Accident Settlements Take?
Some truck accident cases can be resolved outside of court in a matter of months, while others may take years. The timeline generally depends on the complexity of the case and the willingness of both parties to negotiate. Other factors, such as the severity of injuries, the extent of damage, and the parties involved, will also influence the timeline.
Our experienced Milpitas truck accident lawyers will assess the specifics of your case and provide you with a clearer timeline based on the unique circumstances you are facing.
How Much Does It Cost To Hire Truck Accident Lawyers?
After a truck accident, it’s normal to have a lot of questions. “Do I need a personal injury lawyer? Will I have to spend a lot of money to hire one?” A lawyer can help navigate the complexities of your case. Furthermore, our Milpitas truck accident lawyers take cases on a contingency fee basis. This means that there are no upfront lawyer fees or expenses for you, and we only get paid if we are able to obtain compensation on your behalf. Nevertheless, you may still be responsible for certain case-related costs regardless of the outcome. During your free initial appointment, we will discuss our fee, which may depend on the complexity of your case.
Consult With Our Truck Accident Attorneys In Milpitas
A truck accident can impact lives in an instant. Our team understands the challenges you’re facing. That’s why we are dedicated to providing compassionate support and experienced legal guidance to help you navigate this difficult period. Our Milpitas truck accident attorneys can help you understand your rights and options. We can assist you in pursuing compensation for your losses. Our team has experience handling personal injury claims and representing clients, in or out of court.
Call Arash Law at (888) 488-1391 to set up your free initial consultation. Our services extend to East Foothills, Santa Clara, San Jose, Sunnyvale, Fremont, Newark, Campbell, Cupertino, Mountain View, Saratoga, and other locations in California.
