OAKLAND Truck Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Powerful Oakland Truck Accident Lawyers Committed To Defending The Injured
Truck accidents in Oakland leave devastating injuries and damages to their victims. When you find yourself in this predicament, know that Arash Law will have your back. The Oakland truck accident lawyers at our award-winning law firm offer decades of expertise and unparalleled dedication to winning your case. Call us at (888) 488-1391 for a free, no-obligation consultation today.
Oakland is the eighth-largest city in California and the third-largest in the Bay Area. It is directly east of San Francisco and north of San Jose. The size of Oakland means that it is a common destination for various commercial motor vehicles transporting goods across the state.
Commercial trucks, also known as semi-trucks, 18-wheelers, tractor-trailers, and big rigs, often carry thousands of pounds of freight and hazardous chemicals. Crashes involving these vehicles can result in loss of life, severe injuries, and lifelong disabilities.
The consequences of large truck accidents can be dramatic for all the people involved. If a truck driver, trucking company, or mechanic happens to be at fault for an accident, victims and their families can be entitled to financial compensation for their losses.
If you suffered severe injuries or your loved one was killed in a commercial truck accident in the Bay Area, consider speaking with our Oakland truck accident lawyers at Arash Law, founded by renowned Arash Khorsandi, Esq., as soon as possible. Our lawyers have more than 30 years of experience handling all kinds of truck crash claims. We can provide diligent and thorough legal representation in these matters.
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 Do I Need A Truck Accident Attorney For My Injury Claim?
When a person suffers injuries or loses a loved one in a truck accident in Oakland or the surrounding Alameda County area, they will always benefit from working with an experienced attorney. The best Oakland truck accident lawyers have the expertise and knowledge that people need to recover as much compensation as possible in these cases.
An Insurance Research Council (IRC) study entitled “Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims” found that victims who hired personal injury attorneys received 40 percent more in settlements from insurance companies than those who represented themselves. Additionally, 85 percent of the money insurance companies pay for injury claims goes to people who are represented by truck accident attorneys.
Every single truck accident case is going to be unique because no two crashes are ever the same. An attorney will make your life easier by handling the necessary legwork before you file a claim for damages. Our lawyers can then negotiate a fair settlement that adequately compensates you for all of your past, present, and future losses related to the accident.
Large truck crashes can be very complicated for people to handle on their own because liability in these types of accidents isn’t always straightforward. Most people are not going to know how to identify the many possible liable parties. The bottom line will remain, though, that when a person does suffer injuries or loses a loved one in a commercial truck crash, they can seek compensation from the negligent party, whoever it might be.
With a truck injury lawyer on your side, you can identify the cause of the accident and who should be held liable for compensating for your damages.
Benefits Of Hiring Our Oakland Truck Accident Lawyers
Arash Law has been handling truck accident cases throughout California for several decades. We know how to investigate these crashes properly and determine every single liable party. Under the leadership of Arash Khorsandi, Esq., our truck accident lawyers in Oakland can hold all negligent parties fully accountable and help you recover every last dollar available to you.
The benefits you can expect when working with our attorneys include:
Free Consultations
Many lawyers charge hourly fees or flat rates for their services, so a free consultation is an effective way for clients to receive answers to their legal questions without any cost.
Our Oakland lawyers handle truck accident cases on a contingency fee basis with no upfront fees. We collect a predetermined percentage of any settlement or jury award, which means we only get paid when we succeed in your claim.
Knowledge Of State And Federal Laws
The trucking industry is extensively regulated at both the state and federal levels, so you may want to know if there were any violations of legal standards in a company’s operations. When you work with knowledgeable Oakland truck accident attorneys, they will know how to examine whether a truck driver or trucking company was operating in defiance of federal or state laws.
An Independent Investigation
Most people are not going to collect evidence in a truck accident case on their own. Hiring a lawyer is the best way for you to get help preserving important evidence. Our Oakland truck accident attorneys know how to secure information relating to a truck’s black box and other important on-board details.
A Letter To Preserve Evidence
Following a truck accident, our lawyer can send a letter of preservation of evidence to all potentially liable parties. This letter will place the other parties on notice that a potential commercial truck accident claim is in the works and will also hold them to an obligation not to alter or destroy any evidence that may be relevant to the accident.
Aggressive Negotiation For Insurance Settlements
Insurance companies for truck drivers and trucking companies always have a goal of paying as little as possible to resolve any injury claims stemming from a truck accident. Many insurers will try to offer people lump-sum settlements to close their cases quickly.
You need to be aware that no matter how friendly and seemingly concerned agents for insurance companies may seem, the insurers are never on their side. Whatever you are being offered, even when it sounds sizable, is usually far less than what you are entitled to.
All insurance companies are far more beholden to their shareholders, so they will try to protect their income rather than paying what’s fair for victims.
Ignore all potential settlement offers and let our attorneys handle settlement negotiations. Our legal experts can arrive at an amount that will actually cover every expense you are currently dealing with or will be dealing with in the future.
Furthermore, you should generally avoid speaking to any insurance company besides your own insurer after a truck accident. Many insurers are going to try to trick people into making statements that hurt their claims, such as seeking recorded statements they say are necessary to move forward with the case. Such statements are usually opportunities for insurance companies to get people to make damaging admissions unknowingly that harm their cases.
The primary benefit of hiring our Oakland truck accident lawyers is that they will have a wealth of experience dealing with insurance companies, so you will not have to worry about saying or doing something potentially harmful to your case.
Representation In Civil Court If Necessary
Settlements are common but not always possible. In some cases, your Oakland truck accident attorneys may have to take your case to local court to get justice. There are usually many benefits to proceeding to court because putting a case before a jury can often lead to even more sizable awards than were possible in settlement negotiations. Filing a lawsuit can also compel an insurance company to be more willing to settle the case in accordance with the victim’s demands to avoid the extreme costs of going to trial.
Hurt in a Truck Accident?
Types Of Cases Our Truck Accident Lawyers Handle
Our lawyers in Oakland handle various types of truck accidents, including:
Blind Spot Accidents
Massive vehicles, including trucks, have large blind spots or “no zones.” If you can’t see the trucker from their side mirror, they most likely can’t see you either. These spots make it more difficult for truckers to make safe lane changes or turns. Truck drivers may not notice other vehicles or pedestrians in their blind spots and hit them when maneuvering their trucks.
Fatigue-Related Accidents
Fatigue is common in the trucking industry. Truckers, especially long-haul drivers, have to stay on the road for extended periods. However, two consecutive hours behind the wheel can already cause fatigue. Imagine driving for 11 hours, the maximum number of hours truckers can drive per day. That’s why the Federal Motor Carrier Safety Administration (FMCSA) mandates all truckers to take a 30-minute break if they have already been driving for eight hours.
Fatigued drivers are less efficient due to impaired senses. They are more likely to fall asleep at the wheel and not react properly to road hazards. These drivers are also more likely to drive off their lanes and collide with other motorists.
Logbooks and electronic logging devices (ELDs) could be helpful pieces of evidence when filing a truck accident claim. Our Oakland truck accident attorneys can file a letter of preservation with trucking companies to save data on ELDs or paper logbooks, ensuring they do not delete or alter any information.
Jackknife Accidents
Combination trucks, especially tractor-trailers, big rigs, or 18-wheelers, are susceptible to jackknifing. This accident happens when the trailer swings outward, leaving the driver unable to control it anymore. The trailer typically blocks multiple lanes, causing collisions and blocking traffic. Such incidents cause extensive damage and injuries.
Jackknife accidents usually happen when the tires of the cab or trailer lock up. Other factors contributing to these accidents are driving too fast, slamming the brakes, overloading or unfair cargo weight distribution, tire blowouts, and losing wheel traction.
Wide Turn Accidents
Trucks have harder left or right turns due to their massive size, weight, and length. They have to make wider turns than other vehicles, sometimes taking up other lanes. That’s why truckers must be properly trained to drive these vehicles.
However, turning accidents can still happen, especially when the trucker is careless or lacks proper training. Other motorists could unknowingly get trapped in a truck’s blind spot while turning, leading to serious accidents.
Improper Cargo Loading-Related Accidents
Overloading, improper weight distribution, and unsecured freight can lead to serious accidents on the road.
According to Caltrans, the maximum allowable weight for trucks is 80,000 pounds. Nevertheless, many trucking companies go beyond the weight limit to earn more income. This could lead to overloading, which increases the odds of a truck tipping over to its side, especially when making turns. An overloaded truck is also more likely to have a blown tire, which may result in the trucker losing control of the vehicle.
Improper weight distribution and unsecured cargo may also contribute to these accidents. In addition, unsecured cargo could spill onto the road, further endangering others. Our Oakland truck accident lawyers can help you file a claim against shipping companies or anyone else responsible for cargo loading.
Speeding-Related Accidents
Truckers, like everyone else, should always consider their speed, especially on the freeway. In Oakland and California, truckers are allowed to drive 55 miles per hour. Driving beyond the limit could increase the likelihood of crashing into or colliding with other vehicles. Truckers also need to slow down during adverse weather conditions to prevent accidents.
Speeding not only extends the truck’s stopping distance but also intensifies the force of impact if it collides with another vehicle. The resulting injuries are often catastrophic or fatal. Sadly, speeding is one of the most common causes of traffic accidents.
Impaired Driving Accidents
Driving under the influence (DUI) of alcohol or drugs is another leading cause of truck accidents. These substances impair the senses by slowing judgment, coordination, and reaction times.
Drunk or drugged drivers are more likely to do the following:
- Drift in and out of lanes
- Quickly accelerate and decelerate
- Respond slowly to traffic lights
- Tailgate other vehicles
- Swerve into the opposing lanes
Truckers cannot drive with a blood alcohol content (BAC) of 0.04% and above. To be safe, truck drivers should avoid drinking anything with alcohol, even cough syrup. Additionally, aside from illegal substances, they must avoid over-the-counter or prescription drugs that impair their senses.
Mechanical Failure-Related Accidents
Trucks require regular maintenance and checkups to avoid mechanical failure. Issues, such as brake failure, could lead to catastrophic high-speed collisions. Other problems, like worn-out tire treads or defective signal lights, can contribute to accidents. All of these could be prevented if trucking companies or truck owners inspected their vehicles before and after every trip.
Our lawyers in Oakland handling truck accident cases can sue the liable parties for negligent maintenance. These parties may include trucking companies, truck owners, and third-party contractors. We’ll request the truck’s maintenance reports and analyze them to check for inconsistencies.
We Handle Claims Involving All Kinds Of Commercial Trucks
Commercial trucks are large vehicles used to transport goods across cities and states, keeping our economy flowing. The following are the types of commercial trucks that can pose a huge threat to road safety:
- 18-wheelers
- Semi-trucks
- Tractor-trailers
- Tankers
- Hazmat trucks
- Box trucks
- Flatbeds
- Cement mixers
- Moving trucks
- Dump trucks
- Livestock carriers
- Utility vehicles
- Garbage trucks
Compared to the usual car accidents, commercial vehicle accidents are much more complicated. For one, these vehicles are larger and heavier. Even a side-swipe or rear-end collision can lead to moderate and severe injuries, especially when the victims are occupants of passenger vehicles, motorcyclists, bicyclists, or pedestrians. Additionally, most cases have multiple liable parties.
Our Oakland truck accident lawyers can take the legal burden off your shoulders. Let us handle all the paperwork and oversee the fact-finding process. We’ll also negotiate with insurance companies on your behalf to get you maximum compensation.
Common Causes Of Truck Accidents In Oakland
When it comes to determining what caused a truck accident, the answers can be complex in some cases. Generally, the most common causes of these wrecks include:
- Truck driver negligence
- Driver fatigue
- Negligent truck maintenance
- Brake failure
- Tire blowouts
- Failure to pay attention to blind spots
- Improper loading or cargo shifting
- Speeding
- Reckless driving
- Driving under the influence (DUI) of drugs or alcohol
It is important for people to know that truck drivers are expected to comply with various federal and state regulations relating to commercial motor vehicles. Any deviation from the expected standards can constitute negligence. Our experienced Oakland truck accident attorneys will work with accident reconstruction specialists and other experts to determine the exact cause of a crash and get definitive answers.
Common Kinds Of Truck Accident Injuries
The size disparity between commercial trucks and the average passenger vehicle often means that occupants of smaller cars are much more likely to suffer catastrophic injuries, while truck drivers can walk away from crashes without a scratch. Our Oakland truck accident lawyers have experience helping people who have suffered all kinds of injuries. Our legal team is willing to come to you in your hospital room or home when you cannot come to our office.
Common types of injuries our firm has seen in connection with truck accidents in Oakland include, but are not limited to:
Fractures Or Broken Bones
The impact of a truck collision is powerful enough to break a person’s bones, sometimes in multiple places at once. In more severe cases, the bones could get crushed into smaller pieces or pierce the skin. These fractures require immediate surgery, extensive rehabilitation, and a long recovery period.
Victims could suffer permanent disabilities and chronic pain. In rare instances, fractures can be life-threatening. Besides physical and mental distress, fractures could cause significant financial strain due to medical expenses. Most victims also have to stop working to recover, adding to the burden due to income loss.
Head And Brain Injuries
Truck accidents can cause skull fractures, concussions, traumatic brain injuries (TBIs), and other closed-head injuries. Their symptoms vary but typically include dizziness, nausea, headaches, memory loss, and confusion, all of which could disrupt your day-to-day living. Sometimes, these symptoms are long-term, significantly reducing their quality of life. Mood swings and behavioral changes are also possible, which could negatively affect a victim’s relationship with their loved ones.
In more severe cases, head and brain injuries could lead to a coma. Comatose victims have uncertain futures. What’s certain is extensive medical treatment and rehabilitation and the accumulation of medical bills.
Neck And Back Injuries
These injuries could damage neck and back muscles, bones, nerves, and other tissues. The severity and symptoms may vary depending on the type of injury and its location. However, victims typically suffer significant pain and suffering. Most of the time, they have to stop working altogether or take on lesser roles due to their injuries.
Back injuries are common in truck accidents, usually leading to mobility issues, chronic pain, and a reduced quality of life. Minor cases could heal on their own with minimal intervention, but severe cases will require more treatment. Recovery periods vary depending on the type of injury you have.
Neck injuries, on the other hand, are particularly dangerous. A broken neck can lead to extensive medical and rehabilitative care, which is not only painful but also financially draining.
Spinal Cord Injuries
The spinal cord is a bundle of nerves protected by the backbone and is an essential part of the human body. Any damage to it may cause life-changing symptoms, from loss of mobility to loss of senses. Depending on the site of the injury and its severity, victims can suffer from complete or partial paralysis.
Spinal cord injuries require immediate medical attention, and all can change victims’ lives. Our truck accident lawyers in Oakland can help you find specialists who can get you the necessary treatment. We’ll also include all the tangible and intangible losses you’re suffering because of this injury.
Burn Injuries
Truck crashes can cause explosions, especially if the truck is carrying flammable materials. Victims could get first- to third-degree burns, which are extremely painful. If the affected area is extensive, third-degree burn victims often undergo multiple surgeries.
Besides physical pain, burn injuries also lead to psychological problems. Many victims face mental issues, such as depression and post-traumatic stress disorder (PTSD). Additionally, they may have body image issues due to changes in their appearance.
Internal Injuries
Some internal injuries have symptoms that could be attributed to other injuries. They may not immediately show symptoms at all. Victims are often unaware of their organ damage or internal bleeding because of these factors. That’s why it’s critical to go to the hospital after an accident. Internal injuries are life-threatening and could be fatal if not treated immediately.
Our Oakland truck accident lawyers can connect you with the area’s top medical specialists to ensure you receive a thorough evaluation and proper treatment for your injuries.
Wrongful Death
In worst-case scenarios, truck accident victims could die from their injuries. It can happen upon impact or at a later date. If negligence played a part in their deaths, loved ones of the deceased could file a wrongful death claim for their damages and losses. Our Oakland truck accident attorneys can guide you through the process of filing the claim.
While we understand that no amount could ever replace a life, the settlement you can get may help you and your family deal with the loss and move forward.
Other Injuries Truck Accident Victims Sustain
Here are more injuries truck accident victims could suffer:
- Crush injuries
- Knee injuries
- Leg injuries
- Arm injuries
- Permanent nerve injuries
- Amputations
Physical injuries are, of course, only one aspect of a person’s recovery. It is common for many people also to be dealing with various psychological issues as a result of a truck accident. Arash Law will work tirelessly to help people recover every dollar of compensation they are entitled to. Contact us today to schedule a free initial consultation with one of our personal injury attorneys.
Seeking Damages For A Truck Accident
Most truck accidents are resolved through settlements instead of jury trials. The parties involved usually view settlements as being the most favorable outcome instead of having to pay the high costs of going to trial. While a settlement can provide a person with enough money to cover all of their losses, several insurance companies will aggressively try to lowball people immediately after an accident.
Victims are typically entitled to both economic and non-economic damages:
Economic damages are actual out-of-pocket costs for people that may include:
- Medical bills
- Lost income
- Repair costs for damaged properties
Non-economic damages are typically non-financial kinds of losses that can include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Disfigurements
- Permanent or temporary disabilities
- Loss of enjoyment of life
- Wrongful death
Whatever damages you are entitled to, Arash Law’s award-winning truck accident attorneys in Oakland can win them for you. They’ll create a solid case out of crucial evidence, witness statements, medical records, and more to secure the compensation you deserve.
Liability For An 18-Wheeler Crash
Many people involved in a truck accident tend to assume that the negligent truck driver is solely responsible for the damages. It is always important for these people to retain legal counsel because many other parties can also be liable for damages in such cases. Your Oakland truck accident attorneys will know how to identify all of the possible parties who may share liability for a truck crash.
The following shows how many other parties can be held liable in truck accidents:
- Truck drivers
- Trucking companies
- Truck owners
- Truck manufacturers
- Shipping companies
- Cargo shippers or loaders
- Vendors
- Cargo owners
- Local governments
- Other drivers
One of the major benefits of hiring qualified Oakland truck accident lawyers is that they will immediately commence an independent investigation into your crash to collect all relevant evidence and determine liability. Anyone uncertain about who can be held accountable for a crash should ensure they speak to an attorney without delay.
What Makes A Trucking Company Liable For A Truck Crash?
If the truck accident happened because of the trucker’s negligence, the trucking company they work for could also be held liable. However, for that to happen, the trucker must be on duty during the accident.
Truckers can commit various negligent driving behaviors. These include driving under the influence of drugs or alcohol, distracted driving, failure to follow traffic laws, and speeding.
Additionally, trucking companies can be held liable for their own negligent actions, including:
- Neglecting to conduct background checks on drivers
- Failing to properly train their drivers
- Leaving the trucks uninspected and unmaintained
- Overloading cargo
- Encouraging or ignoring breaches of hours-of-service (HOS) rules
Our truck accident lawyers in Oakland can thoroughly investigate these companies and ensure all evidence against them is collected and analyzed. Regardless of how big these companies are, we’ll face them and ensure your voice is heard during negotiations or trials, if necessary. Contact us today at (888) 488-1391 with any questions you might have about your case.
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
How Can People Avoid Truck Accidents?
To avoid truck accidents, all road users must employ defensive driving techniques, especially when encountering commercial trucks on any road in the Oakland area. There are certain techniques people will want to keep in mind in these circumstances.
Our Oakland truck accident lawyers advise road users to remember the following tips when sharing the road with big rigs:
Observe Proper Distancing When Driving With Trucks
Always provide more space when you are following a truck than you normally would when following a passenger vehicle. Keep in mind that a larger vehicle, such as a commercial truck, will limit your visibility of what is ahead, such as slowed or stopped traffic, construction, or other hazards on the road. When you leave adequate space between your own vehicle and a commercial truck in front of you, you will have a greater opportunity to react appropriately in emergency situations.
Additionally, leave plenty of space when you are passing a truck. Trucks are far heavier than passenger vehicles, meaning they require even more distance to come to a stop. You should never cut in front of a large truck. If you cannot pass with plenty of room, you should stay in your lane.
Stay Out Of The Truck’s Blind Spot
One good trick to help you know if you are in a truck’s blind spot is to look at its side view mirrors. If you cannot see a truck driver’s face in the mirrors, then they cannot see you. It will always be safer to pass a truck on the driver’s side, as truckers have much wider blind spots on the passenger side.
Exercise Caution On Where You Pull Over On A Highway
When you must pull off a highway between exits, you should try to find a wide shoulder or a designated pull-off spot. Based on the experience of our Oakland truck accident lawyers, several crashes occur because cars are pulled over and then swiped by passing trucks that may swerve onto the shoulder.
Use Caution When A Truck Is Turning
Even basic turns for commercial trucks still require significant space. This means that even a common right-hand turn that seemingly is no threat to surrounding traffic can involve a truck driver needing to move out to their left before performing the turn. You need to give trucks adequate room to perform these turns and avoid being too close to any trucks you know will be turning.
Do Not Play “Chicken” With A Commercial Truck
When you think a commercial truck wants to pass you or get in front of you, you should let it do that. It is never a good idea to try and compete with a commercial truck for any space on a highway. Doing so can cause collisions that may be fatal.
Make Sure To Pass Quickly
You should only pass trucks when you can see that there is adequate space to do so. Avoid lingering in the lane beside a truck for any longer than is necessary. Nevertheless, do not merge or cut in front of a truck carelessly.
Stay Predictable
When driving near a commercial truck or being followed by one, you need to keep all of the basic traffic laws in mind. Most importantly, you must use turn signals at all times, especially when changing lanes.
Never Engage In Distracted Driving
Virtually every state in the nation now discourages distracted driving for all people. It is even more critical around commercial trucks because any kind of distraction that diverts a driver’s attention from the road can be enough to cause a major accident. If you’re injured in a truck accident involving a distracted trucker or third-party driver, let our Oakland lawyers fight for you.
Prepare In Advance And Stay Focused
Trucks are frequently encountered during longer drives, and people should plan in advance for how they will deal with these periods. As much as possible, avoid trying to do anything else while you are driving, like allowing your mind to drift from what your purpose is.
Truck Accident Statistics
Truck accidents impact thousands of lives each year, resulting in significant injuries and fatalities. The latest data from the National Highway Traffic Safety Administration (NHTSA) reveals alarming trends:
- There were 5,788 people who died in truck accidents. This was a 17% increase from 4,945 fatalities in 2020.
- Of these deaths, 72% (4,149) were occupants of passenger vehicles, 17% (1,008) were truck occupants, and 11% (631) were non-occupants, mostly bicyclists and pedestrians.
- In the same year, 154,993 people were injured in truck accidents. It’s a 9% increase from the 141,613 injured people in the previous year.
- Passenger vehicle occupants made up the majority of injured victims (109,981), then truck occupants (42,164), and finally non-occupants (2,848).
- Large trucks account for 9% of all vehicles involved in fatal crashes.
Additionally, California had the second-most deaths related to truck accidents in 2022, according to the National Safety Council (NSC). The Golden State recorded over 436 truck crash deaths.
These statistics only prove how dangerous truck collisions can be. If you’re ever injured in one, don’t hesitate to reach out to good truck accident lawyers Oakland turns to. We are always willing to help you get the justice you deserve.
Frequently Asked Questions Concerning Oakland Truck Accidents
Most people involved in collisions with trucks come away from the experience with a wide variety of questions. Here are answers to some of the most commonly asked questions our Oakland truck accident lawyers tend to receive:
Is It Expensive To Hire Lawyers For A Trucking Accident Case In Oakland?
Most lawyers and firms charge their fees from 33% to 40% of the final settlement amount. This may seem overwhelming, but keep in mind that it will never be an out-of-pocket expense.
Arash Law handles every single case it takes on a no-win, no-fee guarantee, meaning that you will not have to pay us anything unless we win or settle your case. The bottom line will remain that you do not pay our Oakland truck accident attorneys anything upfront to begin working on your case because we only collect when you get justice.
Is There A Time Limit On Commercial Truck Accident Cases In California?
Yes. California Code of Civil Procedure § 335.1 establishes that a person has only two years to commence an action for injury to or the death of a person caused by the wrongful act or neglect of another party. Under California Code of Civil Procedure § 338, a person has three years to commence an action for physical damage to private property.
If you miss any of these deadlines, the court will generally dismiss your claim, regardless of its validity. There are several exceptions to the statute of limitations, but your best course of action is to file a claim as soon as possible. Our Oakland truck accident lawyers can help you fulfill all requirements and meet the legal deadlines.
Are Punitive Damages Possible In Oakland Truck Accident Cases?
Yes. Punitive damages are rare in personal injury cases. However, they are always possible when a person can prove with clear and convincing evidence that a negligent party was guilty of oppression, fraud, or malice.
Malice is defined as conduct intended to cause injury to a plaintiff or behavior carried on by a defendant with willful and conscious disregard for the rights or safety of others. Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights. Meanwhile, fraud is defined as the intentional misrepresentation, deceit, or concealment of a fact with the intention of depriving a person of property or legal rights or otherwise causing injury.
Check with our truck accident attorneys in Oakland to see whether you can pursue punitive damages. With proper evidence, we may be able to persuade the court to consider your case. Consult our lawyers today and contact us at (888) 488-1391.
When It Comes To Safety For Their Drivers And Passengers, Do Trucks Perform Better In Accidents?
Commercial trucks remain far more complicated to operate than traditional passenger vehicles, but they do end up being somewhat safer for their occupants. Most truck drivers sit comfortably in cabs that are elevated, so they are not directly in the path of most collisions. Vehicle damage in truck accidents can also involve collisions with cabs or trailers, but the points of impact rarely place truck drivers or their other occupants in danger.
Additionally, trucks are far sturdier than passenger vehicles. In a collision between these two vehicles, trucks can withstand more impact compared to smaller cars.
What If I Was Partly Responsible For The Truck Accident?
Victims who are partly to blame for a truck accident can still seek damages in California under a strict comparative negligence rule. If a plaintiff is 99% at fault, they can still claim compensation for the 1% they did not cause. However, their compensation will be reduced according to their percentage of fault.
For example, a victim was found 30% to blame for a $250,000 claim. Reducing the amount by their percentage of fault, they could only claim 70% of the total compensation, which is $175,000.
Unfortunately, many trucking companies will try to take advantage of this law to pay victims less. They will do whatever they can to shift the blame onto you. Our Oakland truck accident lawyers will ensure your rights are protected. We will not let them get away with tricking you into accepting the blame.
How Long Do Truck Accident Lawsuits Take?
It is difficult to estimate the recovery time for any truck accident lawsuit because so many intangibles can come into play. Individuals should be prepared for a process that could span several months or even years, often involving extensive settlement negotiations.
When a satisfactory settlement appears to be an impossibility, your Oakland truck accident attorneys may have to file a lawsuit to take the case to trial. A lawyer will be keeping the statute of limitations in mind to ensure that a case is properly filed within the relevant time limits.
Can I File For A Personal Injury Claim If I’m An Undocumented Immigrant?
If you live in California and were injured in a truck accident, you can file a personal injury case. Your immigration status can’t be used against you in a personal injury claim. Additionally, families of deceased victims can also file a wrongful death case.
Consult with our truck accident lawyers in Oakland if the defendants threaten to deport you if you file a claim. We will protect your right to compensation and advocate for your best interests.
Call The Best Truck Accident Lawyers Oakland Trusts
Truck accidents can be incredibly debilitating experiences. If you have been involved in a truck crash in the greater Oakland area of California, it is crucial to speak with legal professionals.
Arash Law is home to a talented team of attorneys who handle not only truck accidents but also Uber accidents, pedestrian accidents, motorcycle accidents, hit-and-run accidents, DUI accidents, auto accidents, and other preventable accidents.
Make sure you call (888) 488-1391 or contact us online to arrange a free consultation so we can take the time to speak with you with complete candor about your case.
Are you suffering from serious injuries, or was your loved one killed in a truck accident in Oakland or a surrounding community in California? Wherever you are, whether in Alameda, Berkeley, Emeryville, Piedmont, Fruitvale, Albany, El Cerrito, Rockridge, San Francisco, or other cities in California, our team can come to you 24/7.
