Orange County Truck Accident Lawyers
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Our Orange County Truck Accident Lawyers Offer Supportive Counsel During Difficult Times
Orange County spreads throughout the Los Angeles, CA metropolitan area. Its most populated cities include Anaheim, Irvine, and Santa Ana (which is also the county seat). Six of its cities are located along the Pacific Coast, attracting many beachgoers and outdoor enthusiasts. Orange County is also home to many renowned attractions, including Disneyland, Angel Stadium, Balboa Island, Knott’s Berry Farm, Crystal Cove State Park, and Mission San Juan Capistrano, making this county a popular tourist destination.
Many Fortune 500 companies have headquarters here, including Ingram Micro, First American Corporation, Broadcom, Western Digital, and Pacific Life. Several big-box power centers can be found in this county as well, which increases semi-truck traffic. With this increase comes an increased risk of truck accidents. Many of the deadliest motor vehicle accidents on Orange County roadways involve big rigs.
As the demand for consumer goods rises, so does the number of semi-trucks on the road. Not only are there more trucks sharing the road with other motorists, but some trucking companies also place strict delivery deadlines on drivers. Under this pressure, drivers may compromise safety measures, increasing the risk of serious or even fatal accidents.
Semi-trucks are inherently more dangerous than other vehicles due to their immense size. A fully loaded commercial truck can weigh up to 80,000 pounds, hovering 13 feet above the asphalt. Their incredible size and dimensions give them a higher center of gravity, making them more challenging to maneuver.
If a big rig crashes, it’s more likely to involve other motorists, especially if it occurs at high speeds on one of California’s busy roads. If you were injured in an accident with a commercial truck, an Orange County truck accident lawyer can help you understand your rights and legal options. We can assist you in seeking compensation for your medical bills, lost wages, and other losses. Our personal injury law firm offers legal representation and support throughout the claims process. Call us at (888) 488-1391 for a free initial consultation.
Trucking Accident
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
Truck Accident Statistics In California
Truck accidents remain a persistent safety concern given the significant number of commercial trucks traveling throughout California. In its 2018 Pocket Guide to Large Truck and Bus Statistics, the Federal Motor Carrier Safety Administration (FMCSA) presents data highlighting the frequency and impact of large truck crashes, including:
- Since 2013, the number of vehicle miles traveled (VMT) by large trucks has increased, accounting for about 9.1% of all VMT.
- Since 2013, freight weights for semi-trucks have also been increasing.
- In 2016, nearly 12% of about 35,000 fatal traffic accidents involved a big rig.
- In 2016, there were over 7 million nonfatal traffic accidents; semi-trucks were involved in about 7.4% of them.
The number of collisions their rigs are involved in is disproportionately large compared to their VMT. The state of California was second only to Texas for the total number of traffic fatalities involving semi-trucks in both 2015 and 2016. In truck accidents, the occupants of the other vehicles are at a greater risk for serious injury or death.
Freight transportation in California is heavily reliant on the trucking industry. As such, motorists in Irvine, Santa Ana, and Anaheim frequently share the road with commercial trucks and tractor-trailers. This increased interaction can raise the risk of serious collisions involving large vehicles.
After a big rig accident, our Orange County truck accident lawyers can investigate the circumstances of the crash, determine whether any parties acted negligently or violated federal regulations, and work to pursue compensation for your losses.
After a big rig accident, our Orange County truck accident lawyers can investigate your accident, determine how other parties were negligent if they broke federal regulations, and most importantly, work to get the right compensation for your damages.
Federal Regulations Governing The Trucking Industry
Unlike other vehicles on the road, commercial trucks are governed by federal and state laws. The FMCSA enforces several hundred laws that trucking companies, carriers, and truck drivers must obey. From driver training to fleet maintenance, all aspects of the trucking industry are covered in these laws.
Failure by the truck driver or trucking company to adhere to these laws serves as compelling evidence of negligence if a collision occurs. Federal trucking laws and regulations include:
Hours Of Service Regulations
Truck drivers are prohibited from driving after the 14th consecutive hour following 10 straight hours off duty. For every eight hours of driving time, drivers have to take at least one 30-minute break. Additionally, drivers are limited to driving for no more than 60 hours in seven consecutive days or 70 hours over eight straight days.
Drug And Alcohol Testing
Truck drivers must comply with pre-employment drug and alcohol testing, random testing, and testing required following severe accidents. California has a legal blood alcohol content (BAC) limit for commercial drivers of 0.04 percent. However, even if their BAC isn’t that high, any amount, no matter how small, of alcohol or drugs in their system can still cause impairment and contribute to a crash.
Cargo Loading
Specific cargo loading rules apply depending on the type of materials, their size, and weight. Commercial truckloads can’t exceed certain height and weight limitations. There are also specific considerations for trucks transporting hazardous materials such as chemicals or gasoline. Cargo loaders must comply with various load securement laws to prevent accidents and lost loads during transportation.
Electronic Logs
Most commercial truck drivers are required to maintain electronic logs, which serve as records of their behaviors and activities. The purpose of their logs is to help reduce mistakes, manage fatigue, and circumvent scheduling issues. Additionally, electronic logging devices are often required. These records may offer evidence of negligence if they show that a driver broke a rule or falsified their log. Your Orange County truck accident attorney can examine this evidence as part of your case.
Vehicle Maintenance
Strict maintenance minimums exist for commercial trucks. Their drivers must complete daily vehicle inspections and timely repairs. Failing to properly inspect a big rig before it hits the road could result in partial failure and other related crashes. It’s essential to note that part failures can also allude to manufacturer negligence, creating potential grounds for a product liability claim.
Our Orange County truck accident lawyers can help you determine if any FMCSA or state laws were broken that led to your accident. They can gather police reports, eyewitness accounts, and trucks’ onboard electronic logging devices (like black boxes). Our investigation may reveal that a broken law, such as an hours-of-service violation or improper loading, was the cause or contributed to your accident.
What Is Negligence?
Negligence is a legal framework often used in personal injury cases. Anyone who violates their duty not to cause harm to others is negligent. Many California trucking accident cases involve comparative negligence. Under this rule, the court assigns a specific percentage of fault to each liable party in a crash.
It’s important to note that even if you are partially at fault, you may still pursue compensation from the other liable parties. For example, if the court determines you were 20% at fault, your compensation may be reduced by the same percentage. An Orange County truck accident lawyer can help assess liability and advocate for a fair evaluation of your losses.
What To Do After A Trucking Accident In Orange County
Get the contact and insurance information for all involved drivers. It is generally advisable to refrain from speaking to the insurance company or providing a written or recorded statement without first seeking legal advice. Our Orange County truck accident lawyers can handle communications and negotiations with insurance companies on your behalf. We can advise you on your next steps.
In filing claims, you may encounter these challenges:
- Low settlement offers that do not reflect the full extent of your losses.
- Saying something in your recorded statement that could harm your claim.
- Misinterpreting your statement as an admission of fault.
Our Orange County personal injury lawyers who focus on truck accident cases can help you navigate these challenges and give advice on how to deal with insurance companies to protect your legal claim. They can handle all legal matters on your behalf and seek financial compensation while you focus on healing from your injuries.
Your attorney can also instruct you on what to do after your accident. Once you hire our Orange County truck accident lawyer, they will get to work building your case. They will investigate and gather evidence to determine who may be responsible for causing the accident. Once that person or party is identified, your lawyer can help you determine available damages and seek compensation for them.
Seek Immediate Medical Care
Truck accidents can cause serious injuries that require immediate medical attention. Even if your injuries seem minor, it’s advisable to consult a medical provider as soon as you can to address any internal injuries that may worsen over time. The medical report they generate can support your personal injury claim.
Building A Truck Accident Claim
Besides any medical reports from your care, it’s also essential to get a copy of the police report from the accident. Doing so is typically done by contacting the law enforcement agency responding to the accident. However, it will likely not be available for at least a few days after the accident. Your medical and police reports, along with evidence from the scene of the collision and eyewitness testimony, can be used as evidence for your injury claim.
Once your Orange County truck accident lawyer identifies who is responsible for your injuries, they will begin establishing the four elements of negligence that are essential in a personal injury claim:
- Duty of Care — The at-fault party owed you a duty of care. For instance, a truck driver has legal responsibility not to drive while impaired by drugs or alcohol.
- Breach of Duty — You must prove that the other party breached their duty of care to you. Actions such as not complying with FMCSA regulations or driving while intoxicated can be considered breaches.
- Damages — To have a valid legal claim, you must have suffered damages. These include pain and suffering, medical expenses, loss of enjoyment of life, lost wages and income, or loss of consortium, just to name a few. Your Orange County truck accident lawyer can help you identify damages and work toward a positive resolution in your case.
- Proximate Cause — Finally, your damages must be the direct result of the at-fault party’s negligence. You or your attorney must prove that if it weren’t for the other party’s negligence, you wouldn’t have incurred losses. Your damages cannot be the result of something or someone else.
Who Is Liable For Your Damages?
In a semi-truck accident, liability is sometimes unclear. It’s also possible that multiple parties are liable for your accident.
These parties can include:
- The truck driver
- The truck driver’s employer
- A third-party driver
- The truck’s manufacturer
- A part’s manufacturer
Common Injuries In Truck Accidents
Truck crashes often cause serious injuries, including:
- Spinal cord injuries (SCIs)
- Traumatic brain injuries (TBIs)
- Bone fractures
- Facial injuries
- Internal injuries
Many of these injuries take a long time to heal. They could also cause permanent disability and keep you from returning to work. Our Orange County truck accident lawyer can connect you with medical providers to facilitate proper evaluation and treatment of your injuries.
Why Hire An Orange County Truck Accident Lawyer?
Truck accidents can cause severe injuries, disabilities, fatalities, and vehicle repair and replacement costs. Since commercial trucks are so large, they are likely to injure multiple drivers and passengers in an accident. There are many different complexities involved in big rig accidents. Pursuing a truck accident claim can be a complex process. These cases often involve multiple liable parties, trucking laws and regulations, and insurance coverage issues. An experienced truck accident lawyer can help navigate these challenges and protect your right to compensation.
Your lawyer can collect and preserve evidence to support liability in your claim. In certain cases, they may establish vicarious liability, which holds an employer or company legally responsible for the actions of its employee. For example, a trucking company can be liable for a driver’s negligence while performing job-related duties.
Our truck accident lawyers can help you explore alternative avenues for seeking compensation for your losses. They can manage the procedural and administrative matters while advocating for your rights every step of the way.
Handling a personal injury claim on your own will require you to file various forms at your local courthouse. These forms must be completed and submitted on or before the applicable deadlines. If you miss deadlines or don’t complete forms correctly, your personal injury case could be dismissed.
Keep in mind that if your claim is against a large trucking carrier or a major distributor, they will have in-house legal teams defending their interests. Pursuing a case against them can be challenging to do on your own. Working with Orange County truck accident lawyers can help you navigate the legal process more efficiently. They will prepare and submit all necessary paperwork on time and advocate for your interests either during negotiations with insurance companies or before a judge and jury.
Contact Our Orange County Truck Accident Lawyers
Our Orange County truck accident lawyers at Arash Law have decades of experience assisting clients in various personal injury cases. We can handle all the legal matters of your case while you focus on your recovery. Our lawyers work to seek compensation for your injuries and other losses.
Our team helps injured individuals in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and throughout California. Contact our injury firm at (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule your free initial consultation.
If needed, we can arrange translation services so that you can discuss your situation in your preferred language. Our Orange County truck accident lawyers offer legal representation and guide you every step of the way.
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