Modesto Truck Accident Lawyers
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Modesto Truck Accident Lawyers Committed To Advocating For Injured Victims
Commercial trucks are an integral part of the economic activity in California and the rest of the United States. These vehicles often use State Routes 132, 108, and 99 while transporting goods to and from Stanislaus County. Unfortunately, traffic collisions involving trucks are more likely to cause serious injury or death. If you were injured in one, you can ask our Modesto truck accident lawyers for legal assistance when seeking compensation for your losses. Call Arash Law at (888) 488-1391 for a free initial consultation.
Modesto is one of the most diverse cities in California. Home to three primary highways, the 132, the 108, and the 99, the city is no stranger to traffic collisions involving trucks. These large vehicles risk causing catastrophic damage if they get involved in a collision with passenger vehicles. A truck accident lawyer can help accident victims understand their legal rights and seek financial recovery for the ensuing injuries and losses.
Our Modesto lawyers can explain the complexity involved in truck accident cases. Though you can speak to insurance adjusters about your claim, consider consulting with attorneys from a Modesto injury law firm first. We can work on every legal aspect of your truck accident case while you recover from your injuries. With dedicated personal injury lawyers on your side, you can make more informed decisions throughout every phase of your claim.
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
Commercial Truck Accident Statistics
According to the National Highway Traffic Safety Administration, fatalities from large truck crashes in 2021 (5,788) rose by 17% from 2020 (4,945). Of these deaths, 72% were occupants of other vehicles. Weekdays (from Monday 6 am to Friday 5:59 pm) were particularly dangerous, accounting for 78% of fatal large truck crashes.
Drivers of large trucks involved in fatal traffic crashes in 2021 had a higher percentage (20.8%) of previously recorded crashes compared to drivers of other types of vehicles (motorcycles, 19.9%; passenger cars, 18.2%; and light trucks, 17.2%). They were also less likely (6.5%) to have prior license suspensions or revocations (motorcycles, 16.8%; passenger cars, 14.2%; and light trucks, 11.2%).
The report also showed that 437 people died in traffic accidents involving large trucks in California. Of these fatalities, 48 were truck occupants, 327 were occupants of other vehicles, and 61 were non-occupants like pedestrians or cyclists.
The Importance And Associated Risks Of Large Commercial Trucks In Modesto
Large trucks are necessary for moving economic goods throughout California and the United States. However, these vehicles can be extremely dangerous to other motorists. A large truck can cause the occupants of a passenger vehicle to suffer serious bodily injury or death during an accident.
Our truck accident lawyers in Modesto can help you understand your options for pursuing financial compensation for your injuries. The prospect of standing up to at-fault parties such as large trucking companies and insurance providers can be intimidating, but our lawyers can advocate for your rights and handle communications with opposing counsel.
The Most Common Causes Of Truck Accidents
Truck accidents can occur under many different circumstances. The following are the most common causes of truck accidents in Modesto:
- Improper cargo loading.
- Following automobiles too closely.
- Making unsafe turns.
- Not looking out for other automobiles.
- Fatigued driving.
- Distracted driving.
- Trucking companies that pressure drivers to deliver goods quickly.
- Federal law violations related to hours of service.
- Poor safety training.
- Driving under the influence (DUI).
- Reckless driving.
Truck accidents have the potential to cause catastrophic injuries and extensive property damage. Many of these incidents also occur due to manufacturing defects, design flaws, and inadequate training. A commercial truck is only safe if a responsible and well-trained driver operates the vehicle. Even then, other motorists could potentially make driver errors that cause a crash.
Truckers must be responsible to avoid collisions, especially since fatigue and distracted driving are two of the most common causes of accidents. Even if you drive safely, sharing the road with commercial trucks might still put you at risk of getting into an accident. If you are injured in a truck accident caused by another’s negligence, contact our Modesto lawyers for legal support.
Why Work With Our Truck Accident Lawyers In Modesto
Our Modesto truck accident attorneys offer legal guidance and support with the aim of helping you focus on healing from your injuries. You do not have to file motions or depose witnesses. Our attorney can take care of the legal side for you, advocating for your rights and guiding you throughout your truck accident case.
Searching for truck accident lawyers in Modesto can be challenging, especially if you’re also dealing with injuries and other losses. Prospective clients sometimes have trouble assessing the qualifications of an attorney handling these cases. A great starting point is studying how they can help manage your case.
You cannot re-litigate your case after it is resolved. You may settle your case or have a trial, but no matter how your case ends, it is impossible to bring the same claim against the same defendant a second time. You have limited time to seek financial compensation for your injuries.
A settlement agreement typically restricts the injured victim from filing against the insurance company for future damages. Therefore, it is important to carefully consider whether a settlement offer in your truck accident case is reasonable. A knowledgeable attorney can assess your losses, then use their findings to help you review those offers. If you decide to counter them, we can help you negotiate another settlement amount. You can also take advantage of our attorney-client privilege and confidentiality.
The Most Common Types Of Truck Accident Cases
The following are some of the most common truck accident cases in Modesto:
- Truck driver negligence cases
- Truck driver fatality cases
- Improper loading cases
- DUI-related accidents
- Delivery truck accidents
- Jackknife accidents
- Rollovers
- Wide-turn collisions
- T-bone or intersection accidents
You may be able to file claims against the shipping company that placed the shipping order, the commercial trucking company, and the individual truck driver. You can work with a truck accident lawyer in Modesto who can advocate for your legal rights. We will explore all available avenues for seeking accountability for your injuries.
Typical Injuries After A Truck Accident
A collision between a truck and a car (or worse, a cyclist or pedestrian) often leads to a higher incidence of severe injuries, such as:
- Broken bones
- Cuts, abrasions, and lacerations
- Spinal cord injuries, which may cause paralysis
- Traumatic brain injuries, which may lead to a coma
- Soft tissue injuries
- Head and neck injuries
- Back injuries
- Burns
- Death
You may also experience post-traumatic stress disorder, anxiety, and depression. Some victims are afraid to enter an automobile ever again after surviving a truck accident. However, reaching out for help can make you feel less stressed, isolated, and alone.
These consequences are often due to the size difference between trucks and passenger cars. A typical semi-truck measures over 70 feet long, 13 feet high, and weighs 80,000 pounds. On the other hand, passenger cars typically weigh a fraction of that, maxing out at around 8,000 pounds.
Many of these injuries can lead to high hospitalization and treatment costs. As such, you may need the help of Modesto truck accident attorneys to pursue compensation for your expenses and other losses.
The Steps To Take After A Truck Accident
Do not panic if you suddenly find yourself injured in a truck accident. Turn on your emergency lights and stay inside your vehicle. If you suffer an injury, no matter how minor, dial 911 immediately. Seeking medical attention is one of the most important things you can do after an accident.
The following are examples of essential things you can do after suffering injuries during an accident:
Seek Medical Treatment
You may not realize that you suffered physical injuries, but a physician can examine you and provide an accurate diagnosis. Seeking medical attention immediately after the truck accident may help support your case. Medical documentation can help link your injuries to the accident. It could also help you address disputes that arise during the claims process, such as arguments that you are not truly injured because you waited months to seek medical treatment for your injuries.
Contact The Police And File An Accident Report
An accident report can help support your claim for financial compensation for your injuries. This document contains crucial information, such as any violations committed by the at-fault driver. Law enforcement officers may file criminal charges if a driver is intoxicated at the time of the truck accident. Any criminal investigation, arrest, or conviction may further support your civil case.
It also helps to note down the badge number of the law enforcement officer who created the traffic collision report. Make sure to obtain a copy of this document later.
Also, report the accident to the California Highway Patrol immediately if no police officers were present at the accident scene. Remember, you must report any accident involving bodily injuries or more than $1,000 in property damage to the California Department of Motor Vehicles within ten days of the incident.
If There Are Any Witnesses, Collect Their Details
Obtain telephone numbers, residential addresses, and names. This information will help you build a well-supported case strategy. You might need these details later when you need to get witness statements or testimonies.
Collect Photo Or Video Evidence From The Scene
Take photographs of all property damage and any environmental conditions that may have contributed to the truck accident. Video recordings are also helpful in these cases.
Keep Quiet About The Accident
Do not admit liability or apologize to any person at the scene of the accident. This may weaken your case before you file your complaint and begin to seek financial reparation for your injuries.
Don’t Speak With The Other Party’s Insurance Company
Do not accept any offers presented to you by the other driver’s insurer. Consider speaking to our Modesto truck accident lawyers at Arash Law before you make any decisions regarding settlement offers or settlement agreements. Lastly, you do not have to provide the other party’s insurance provider with any recorded, oral, or written statement. Modesto personal injury lawyers can receive and review all these communications with insurers before helping you decide how to respond to them.
Contact A Lawyer
Speaking to a Modesto lawyer after your truck accident can help you understand your rights to compensation. They can communicate and negotiate with insurance companies on your behalf to help you pursue compensation through the claims process.
Seeking Monetary Compensation For Your Injuries
You can seek financial compensation for various types of losses caused by a truck accident. Most accident victims file claims for general damages and special damages in truck accident cases. Injured plaintiffs can seek monetary damages for their pain and suffering, lost earnings, and medical expenses.
Personal injury claims are filed against the negligent parties, which may include the truck driver, trucking company, and other motorists. If the parties reach a settlement agreement, you could receive compensation for your injuries.
To know how much you can potentially pursue, talk to our Modesto truck accident lawyers. We will evaluate all the losses and damages you’ve incurred.
Who Is Liable In Truck Accident Cases?
Truck accidents are different from automobile accidents involving only passenger cars. Many auto collisions may only have one liable party. Truck crashes are more complex because more than one party may be liable for your injuries, such as:
- The manufacturer of the truck or its components.
- The trucking company that owns the truck.
- The individual truck driver.
- The staff responsible for loading cargo.
- The maintenance crew.
Truck drivers may be held liable for causing a truck accident if they were intoxicated, negligent, or engaged in illegal conduct during the crash. The trucking company that employs the truck driver might also be liable for the injuries suffered by the plaintiff.
Trucking companies may be considered liable if they or their employees cut corners and fail to comply with federal regulations to increase productivity and save money. According to the Federal Motor Carrier Safety Administration, drivers can only drive for 11 hours within a 14-hour period. However, some truckers may continue to drive even when they have reached their daily hour requirement. These truck drivers may cause accidents due to fatigue, drug abuse, or both.
Improper loading of cargo is another common cause of truck accidents. The shipping and loading companies may be liable for your injuries if their negligent conduct caused the truck accident. Our truck accident lawyers in Modesto can help you understand which individuals and business entities may be liable for your losses.
Examples Of Negligence In A Truck Accident Case
Negligence refers to the failure to take reasonable care towards others, resulting in harm or injury. Negligence happens when a person’s actions or inactions don’t meet the expected standard of care in a certain situation and, as a result, cause harm or damage to another party.
If the truck driver or trucking company violated a federal regulation, this can be considered negligence per se. Then, the next step is to establish that this negligence caused the injuries.
Here are some examples of negligence in truck accident cases:
- A truck driver rear-ended you because they were distracted or speeding.
- A truck driver sideswiped you when they changed lanes without checking their blind spot.
- A drowsy truck driver lost control of their vehicle and hit your car.
- The trucking company ignored a maintenance issue that caused the brakes to malfunction, causing an intersection accident.
- Because the freight company neglected to secure the cargo properly, it flew off a truck and crashed into another vehicle.
As various legal concepts and laws may apply in a truck accident case, consider consulting with our attorneys in Modesto. We can help identify instances of negligence and help you seek compensation from the parties responsible for your injuries.
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
Protecting Your Legal Rights After A Truck Accident
You may have suffered injuries during a truck accident and sought monetary compensation for the losses you suffered. Semi-truck collisions may involve many different parties and several insurance companies, potentially making these cases intricate and lasting for months or years.
It can be challenging to pursue monetary restitution for your losses. Trucking companies, insurance providers, and defense attorneys often have significant resources and experience. Our truck accident attorneys in Modesto can help you manage a complex case, especially if you are unfamiliar with the technical rules of civil procedure and evidence law.
Our Modesto truck accident lawyers have experience handling personal injury cases and can be your advocates during this time. We’ll explain complicated legal terms and help you clearly understand your rights so you can make informed decisions.
How Our Truck Accident Attorneys Help With Your Case
Our truck accident lawyers in Modesto can help you establish the liability of the defendant. Your legal representative can also perform an independent evaluation of the truck accident and the details of the case. No two truck accident cases are identical. Each case has specific facts that are not perfectly aligned with any other case.
Our experienced Modesto truck accident lawyers work to build a comprehensive case strategy. Our attorneys at Arash Law can depose witnesses, draft motions, and handle every stage of civil litigation. We will keep you up to date on the progress of your civil case.
The Value Of Collecting Evidence In Truck Accident Cases
It is necessary for your lawyer to complete an independent review of the trucking company, the truck driver, and any other business entity associated with the truck involved in the accident. Some trucking companies do not adhere to federal and state regulations. Establishing the liability of the defendant is critical if you want to pursue monetary compensation for your injuries. The following are some elements that can be included in the preservation of evidence letter that your attorney will send to the truck company:
- Maintenance records.
- Inspection records.
- Records of compliance regarding Hours of Service regulations.
- Safety standards, weight restrictions, and warning labels.
- Truck driver endorsements, licensing, and drug testing.
These elements can be vital to your truck accident case. They could help address any disputes that challenge claims of negligence. Also, crucial evidence can be lost if steps are not taken to preserve it. Other important items of evidence regarding truck accident cases include black box contents, expert opinions, eyewitness statements, video recordings, photographs, and traffic collision reports.
Statute Of Limitations For Filing Truck Accident Claims
In California, you generally only have two years from the date of the accident to pursue monetary damages for your injuries from a truck accident. This time limit is known as the statute of limitations. Once the statute of limitations has expired, you may lose your right to file a claim and seek financial compensation for your truck accident injuries through a lawsuit.
There are some exceptions to the two-year statute of limitations in California. For example, if you were a minor at the time of the accident, the statute of limitations is tolled or paused until your 18th birthday. You would then have two years from that date to file a lawsuit.
The sooner a claim is filed, the fresher the evidence. Waiting too long could lead to lost or degraded evidence, potentially making it challenging to prove a case. Consult truck accident lawyers in Modesto to discuss your case and understand the applicable time limits.
Frequently Asked Questions
How Much Are Most Truck Accident Settlements?
There is no average amount for a semi-truck accident settlement. How much you can negotiate for will depend on a number of unique factors, such as the severity of your injuries and whether punitive damages may apply to your case. However, the law requires trucks to carry the following liability insurance coverage:
- $300,000 for trucks transporting general freight exclusively.
- $750,000 for trucks weighing more than 10,000 pounds that exclusively transport general freight.
- A combined limit of $1,200,000 for trucks transporting petroleum products.
- $1,000,000 for trucks transporting oil, hazardous materials, or waste.
Trucking companies often carry higher insurance coverage because of how severe truck accident injuries can be. Without adequate insurance, a single major accident can put them out of business.
Due to the amount of money on the line, you may be more likely to encounter disputes during the claims process. Our Modesto lawyers who handle truck accident cases can negotiate with insurance companies to address such issues.
Can I Seek Compensation For My Spouse Who Died In A Truck Accident?
If the accident wasn’t your spouse’s fault, you might be eligible to file a wrongful death claim against the at-fault party. You can seek compensation for losses resulting from their death. Recoverable damages in a wrongful death claim can include:
- Lost Income — The financial support your spouse would have provided throughout their expected lifespan.
- Medical Expenses — The costs of medical care your spouse received before passing.
- Loss of Companionship — The emotional and social support your spouse provided.
- Loss of Household Services — The value of tasks your spouse performed around the house.
- Funeral and Burial Expenses — The costs associated with laying your spouse to rest.
What If I Am Partially To Blame For My Truck Accident?
California follows a legal principle called “pure comparative negligence.” This means that even if you share some blame for the accident, you might still be entitled to pursue compensation for your injuries.
For example, the court finds you 20% at fault and the truck driver 80% at fault. If your total damages are $100,000, you could still recover $80,000 (your share of the blame is deducted from the total damages).
Contact Our Modesto Truck Accident Lawyers
Arash Law helps injured clients seek financial compensation for their injuries. We have decades of experience representing them in truck accident cases throughout California. We focus on your case, and we are prepared to communicate with insurance companies and assert your rights.
Our Modesto truck accident lawyers also serve nearby counties and cities, including Ceres, Riverbank, Ripon, Oakdale, Turlock, Stockton, Patterson, Manteca, Atwater, Merced County, Alameda County, San Joaquin County, Tuolumne County, and Calaveras County. We also have a team of car accident lawyers, pedestrian accident attorneys, and other personal injury lawyers handling product liability cases, premises liability claims, dog bites, wrongful deaths, and others. Contact Arash Law at (888) 488-1391 or complete our “Do I Have A Case?” form for a free initial consultation.
