Montclair Truck Accident Lawyers
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Professional Legal Representation From Our Montclair Truck Accident Lawyers
If you or a loved one has been injured in a truck collision, you may file a case that would allow you to seek settlement for your losses. Moreover, our Montclair truck accident lawyers can help you pursue compensation for medical expenses, lost income, pain and suffering, and other damages. Call us at (888) 488-1391 for a free initial consultation.
The trucking industry is vital to the U.S. economy. Many California communities, including Montclair, depend on trucks to transport essential goods and supplies. However, with the high volume of these vehicles on the road, the risk of serious accidents increases. Due to the sheer size and weight of these commercial vehicles, truck collisions are more likely to result in severe and catastrophic damage.
The legal process following an injury caused by someone else’s negligent actions can be daunting. We are here to help. Our firm will take on the heavy lifting so you can focus on healing. From gathering critical evidence to negotiating with insurance companies, we are dedicated to protecting your interests.
How Our Montclair Truck Accident Lawyers Can Help You
Our Montclair truck accident lawyers are dedicated to providing quality legal representation for injured victims. We help clients with the following:
- Assessing Your Damages — One of the first steps we take in handling your accident case is to evaluate the full range of your losses thoroughly. These may include medical expenses, lost wages, property damage, and non-economic damages like pain and suffering. Our skilled truck accident attorneys can help you identify these damages accurately and calculate their true value.
- Determining Liability — In truck accidents, multiple parties may share responsibility, such as the truck driver, trucking company, vehicle manufacturer, or even third-party maintenance providers. We can gather key pieces of evidence and conduct an investigation to identify all responsible parties and seek accountability by filing a claim.
- Negotiating With Insurance Companies — Trucking companies and their insurers typically have extensive resources and dedicated legal teams. We can handle negotiations on your behalf.
- Litigating — If a fair settlement cannot be reached through negotiations, we can take your case to court. Our trial attorneys are prepared to advocate for you, presenting compelling evidence and arguments before a judge or jury.
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
Why Hire Our Truck Accident Attorneys
As an established personal injury law firm in California, Arash Law offers its knowledge and resources to every client we assist. Our team provides comprehensive support and guidance in handling complex truck accident claims.
The following are a few reasons to consult our Montclair injury law firm regarding your case:
- Our lawyers have handled numerous personal injury claims related to truck accidents.
- Our attorneys are knowledgeable of local trucking regulations, including hours-of-service limits, weight restrictions, and maintenance standards.
- Our lawyers collaborate with medical professionals to assess the extent of your injuries and the long-term impact on your health and livelihood.
- We work on a contingency fee basis. In other words, clients are not required to pay attorney’s fees unless we obtain compensation on their behalf. However, certain case-related expenses may still apply.
Common Causes Of Truck Accidents
Truck accidents can occur due to a variety of factors. Understanding these factors helps pinpoint the party or parties responsible for the crash. Our Montclair truck accident attorneys shed light on the most common causes of truck collisions:
- Drugged Or Drunk Driving — Impaired drivers often make poor decisions when driving. Whether the driver is operating a commercial truck or another vehicle, driving under the influence can cause catastrophic collisions.
- Fatigued Driving — Commercial truck drivers often work long, demanding hours, which can lead to severe fatigue if they don’t get adequate rest. Fatigued drivers may struggle to maintain proper control over their vehicles, increasing the risk of unintentional lane changes, sudden acceleration, or other dangerous maneuvers.
- Lack Of Training Or Experience — Truck driving requires experience. Drivers have to work with factors like longer braking distances and limited visibility, which require drivers to be well-trained and highly aware of their vehicle’s capabilities and limitations. When drivers lack training or experience, they may find it hard to operate the vehicle properly, increasing the likelihood of accidents.
- Leaving Blind Spots Unchecked — Due to their height and size, trucks have significantly larger blind spots compared to passenger cars. These “no-zones” exist on all sides of a truck, particularly along the rear and sides. When drivers fail to monitor blind spots actively, they may not notice nearby vehicles, leading to collisions.
- Inability To Stop In Time — Trucks have a longer stopping distance compared to other vehicles. They need more distance to reach a full stop. In situations where sudden braking is necessary, such as when the vehicle in front slows down or stops unexpectedly, a truck may not be able to stop in time, leading to a potentially severe rear-end collision.
- Making Narrow Turns — Trucks need extra space to make turns safely due to their length, wider turning radius, and the possibility of trailer swing. If a driver misjudges the space required and makes a turn that is too narrow, the truck could collide with nearby vehicles, objects, or pedestrians.
- Oversteer And Understeer — Trucks are less likely to oversteer than passenger cars, but it can still happen. Oversteer occurs when the rear tires lose traction, often due to light loads or slippery roads, causing the back end to slide out and the truck to turn more sharply than intended. On the other hand, understeer occurs when the front tires lose grip, typically from excessive speed or heavy loads, making the truck harder to turn. Both can be dangerous without proper stability control or driving techniques.
- Poor Weather Conditions — Adverse weather, such as rain, snow, or ice, can make roads exceptionally slippery. When traction is reduced, especially on curves or steep inclines, a truck’s stability can be compromised, causing it to slide or tip over. This risk is even higher if the truck is carrying improperly balanced or overloaded cargo, as the uneven weight distribution makes the vehicle harder to control and more susceptible to toppling.
Truck Accident?
Liability In A Truck Accident
Identifying the responsible parties is crucial and often requires a thorough investigation into the circumstances surrounding the crash. Our experienced Montclair truck accident lawyers are skilled in conducting comprehensive investigations to uncover any relevant details about the collision and determine who is liable. Several parties could be held accountable in truck accidents, including the following:
- Truck drivers
- Trucking companies
- Truck or trailer owners
- Truck loaders
- Other motorists
- Involved private and public entities
Proving Negligence In A Truck Accident
Negligence refers to actions that fall below the standard of care expected in a given situation. To hold the at-fault party accountable for the damages, you must prove that they were negligent. Our truck accident lawyers in Montclair can help you demonstrate the four elements of negligence.
- The Defendant Owes A Legal Duty Of Care — This establishes the legal duty of individuals not to hurt anyone. Truck drivers, for instance, have the responsibility to be cautious on shared roads. Compared to other drivers, truck drivers are expected to exercise the highest level of care to prevent harm to others.
- The Defendant Breached Their Duty Of Care — The defendant breached this duty by acting recklessly or failing to follow regulations. For instance, a truck driver might have driven under the influence of alcohol or drugs, or a trucking company might have failed to repair the truck for the mechanical issue that caused the accident.
- The Breach Of Duty Directly Caused The Accident — The defendant’s actions (or inaction) directly caused the accident and the plaintiff’s injuries. It must be shown that if the defendant had not acted negligently, the accident could have been avoided.
- The Accident Caused Damages — The plaintiff suffered actual harm or damages as a result of the accident. These can include physical injuries, medical expenses, lost wages, emotional distress, and other costs resulting from the crash.
Common Truck Accident Injuries
After a truck accident, victims can suffer severe and life-altering injuries. Here are some of the common injuries our Montclair truck accident lawyers have helped victims get better from:
- Whiplash, resulting in long-term neck pain and mobility issues.
- Broken bones, requiring multiple surgeries and extended rehabilitation.
- Traumatic brain injuries (TBIs) cause permanent cognitive impairments, memory loss, and emotional distress.
- Spinal cord injuries result in paralysis and the need for ongoing medical care and adaptive equipment.
- Internal injuries, such as damage to vital organs, require surgery and prolonged treatment.
Recoverable Damages Trucking Accidents
The severity of these injuries greatly affects the amount of compensation a victim can legally pursue. More serious or permanent injuries typically lead to higher compensation to cover both current and future needs. Our Montclair truck accident attorneys assist clients in pursuing compensation for their losses. Depending on your case, we can help you seek the following damages:
- Past, current, and future medical expenses.
- Loss of income or future earning capacity.
- Property damage, including vehicles and personal belongings.
- Pain and suffering.
- Loss of enjoyment of life.
Families of victims who have died in truck accidents may be able to sue the at-fault truck driver or truck business for wrongful death. The family may be entitled to the following damages:
- Loss of companionship, love, affection, and guidance.
- Loss of consortium.
- Loss of household duties the deceased regularly fulfilled, such as housekeeping and child care.
- Medical expenses accumulated by the victim before death.
- Funeral and burial/cremation costs.
Steps To Take After A Truck Accident
If you’re involved in a truck accident, it’s important to act quickly and carefully to protect your health, safety, and legal rights. Here are the key steps you should take:
- Prioritize Safety — First, check for injuries. If you or anyone else is hurt, call 911. Move to a safe location away from traffic to prevent further accidents. If moving will aggravate injuries, stay where you are and wait for help to arrive.
- Obtain The Other Party’s Information — Collect information from all parties involved, including the truck driver, witnesses, and insurance details. Also, note the license plate number and trucking company.
- Notify Law Enforcement — A police report is crucial for documenting the accident details, including the parties involved, any citations issued, and witness statements. This report will be invaluable when pursuing a legal claim.
- Gather Evidence — It is important to have concrete evidence to back up your claims. Your Montclair truck accident lawyer can help you collect the following key pieces of evidence:
- Photos and videos that show property damage, injuries sustained, and the accident scene.
- Accounts or statements from witnesses.
- Police or any other incident reports.
- Property damage estimates.
- Medical report of the treatments you received after the accident.
- Get Medical Attention — Even if you don’t think you’re injured, it’s better to be on the safe side and go to the emergency room as soon as possible. Some injuries may not be apparent at the accident scene and can lead to future health complications. Follow the doctor’s advice and document all medical visits, treatments, and diagnoses, as they will be important for your case.
- Follow The Instructions Given By Your Doctor — By adhering to your doctor’s treatment plan, you create a documented history of your efforts to heal, which demonstrates that you are taking the necessary steps to improve your health. This can help counter any arguments suggesting you are not as injured as you claim or that your injuries are not being properly managed.
- Call A Montclair Truck Accident Lawyer — Having a reliable attorney at your side in the early stage of your claim could benefit you. They can help you understand your rights and explore potential sources of 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
Statute Of Limitations For Truck Accident Lawsuits
The statute of limitations sets the legal deadline for filing a lawsuit. In California, if you sustained injuries in a truck accident, you have two years to file a lawsuit. However, this deadline could be extended if you discover your injuries at a later time. It is important to understand that this two-year limit only applies to personal injury claims.
Acting quickly after a truck collision is essential to avoid missing this deadline. You should work with attorneys who understand the legal intricacies of your claim. Our truck accident attorneys in Montclair have represented injury victims in similar situations.
Frequently Asked Questions
Why Hire A Truck Accident Lawyer?
Physical damage caused by trucks can result in lifelong medical care and incapacitating injuries. Our Montclair truck accident lawyers can calculate these damages and seek compensation on behalf of clients.
How Much Does Hiring A Montclair Truck Accident Lawyer Cost Upfront?
After a truck accident, it’s normal to worry about the costs associated with hiring a lawyer, especially if you’re already facing medical bills and other expenses. You might be asking, “How much do truck accident lawyers near me charge for their services? Can I afford to hire one?”
At Arash Law, we offer our legal services on a contingency fee basis. Our fees are only collected once we obtain compensation for you. Before you sign with a lawyer, make sure to ask about their fees and other potential case-related costs that you may need to cover.
How Much Are Most Truck Accident Settlements?
The amount of compensation in truck accident settlements can vary widely and depends on numerous factors, making it difficult to provide a definitive figure. Truck accident settlements are influenced by the specifics of each case, including the severity of the injuries, the evidence gathered, the resources available, and the insurance policies involved.
Do I Need A Personal Injury Lawyer To Pursue My Truck Accident Claim?
While it’s not mandatory to hire a personal injury lawyer to pursue your truck accident claim, having one can improve your case for a fair settlement. Truck accident cases are often more complex than typical car accidents due to the involvement of multiple parties. These cases are also governed by specific laws and regulations, such as federal trucking safety standards, hours-of-service rules, and maintenance requirements, which can be difficult to navigate without legal expertise.
Our skilled Montclair truck accident attorneys can help you avoid common mistakes, such as missing critical deadlines, underestimating the value of your claim, or inadvertently accepting a low settlement offer.
What Should I Do If I Get A Call From The Trucking Company Or Its Insurance Company?
If you receive a call from the trucking company or its insurance company after a truck accident, it’s important to proceed with caution. You are not legally obligated to speak with them, and it’s generally in your interest to consult with a lawyer first. Insurance companies, including those representing trucking companies, often aim to settle claims for the least amount possible, sometimes offering you a quick but insufficient settlement. If you already have legal representation, you can politely decline their call and tell them you need to speak with your truck accident lawyers in Montclair first.
The Truck Company’s Insurance Adjuster Is Asking For My Recorded Statement, What Should I Do?
You are not legally required to provide the truck company or insurance company with any statement, whether recorded or not. Some insurance companies frequently ask challenging questions designed to undermine your case. It may affect the credibility of your case if your statements are poorly thought out. Before making any statement, consult experienced Montclair truck accident attorneys.
If I Think The Accident Between My Car And The Truck Was My Fault, Should I Say So?
No. It is not appropriate to speculate about who was at fault in the truck accident. It would be better to focus on the details of the incident instead of making speculations. There may be other details that you are unaware of that may have caused the accident, even if you think it was your fault. There are many possible scenarios surrounding accident cases. To learn how to investigate your case further, speak with Montclair truck accident lawyers.
Contact Our Montclair Truck Accident Attorneys
If you’ve been injured in a truck accident, hiring an experienced attorney who understands the complexities of these cases may be beneficial. Our experienced Montclair truck accident lawyers, who have extensive knowledge of the trucking industry and its regulations, can be your dedicated advocate.
At Arash Law, we take every step to protect and preserve crucial evidence needed to build a strong case. Our team works closely with you to calculate all the accident-related damages, so your compensation can cover your losses. We can handle the legal legwork, including investigations, paperwork, and negotiations, so you can focus on your health.
Contact us at (888) 488-1391 for a free case review.
Our firm also handles hit-and-run accidents and other personal injury claims. We provide legal services throughout Montclair and neighboring areas such as Claremont, Ontario, Upland, Pomona, Chino, La Verne, Rancho Cucamonga, Chino Hills, San Dimas, Diamond Bar, Charter Oak, Glendora, Walnut, Covina, and Citrus.
