California 18-Wheeler Accident Attorneys
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California 18-Wheeler Accident Attorneys Dedicated To Guiding You Through Recovery
Accidents involving 18-wheelers are many times more likely to cause serious injuries and fatalities due to the vehicle’s massive size. If you or someone you care about sustained injuries in a commercial truck accident, it may be helpful to consult our California 18-wheeler accident attorneys. Our team at Arash Law will review the facts of your case and explain your rights and legal options depending on the situation. Contact (888) 488-1391 for a free initial consultation.
A thriving truck industry is critical to our nation’s economy, playing an essential role in the supply chain. However, as consumer demand continues to grow, it is under immense pressure to keep up. Under pressure, driving errors can occur, resulting in numerous 18-wheeler accidents in the U.S. each year. Many of these accidents result in injuries and fatalities.
The American trucking industry is also heavily regulated. Companies must keep their fleets safe and ensure their truckers are qualified and follow all rules. When trucking companies attempt to cut corners to keep up with demand and maximize profits, they may put lives in danger. Reckless truck operators and other drivers may also endanger anyone with whom they share the roads.
If you sustain injuries in an 18-wheeler accident, contact our California personal injury law firm for assistance. Our truck accident lawyers are committed to guiding you in seeking recovery for your losses.
How Can Our California 18-Wheeler Accident Attorneys Help With Your Case?
With many decades of combined experience, our 18-wheeler accident lawyers have developed strategies for advocating in injury cases. We review your case and develop a fitting legal strategy to help our cause:
- Building A Case — Our process may involve visiting the accident site, working with forensic experts, and talking to witnesses to gather information. We also work with accident reconstruction specialists and other professionals, who can help us understand what caused the accident and how it happened.
- Negotiating Your Claim — Dealing with insurance companies is not new to us. Our goal is to advocate for your rights at the negotiation table.
- Litigating In Court — When settlement talks fail, our attorneys represent you in court and guide you through the process.
Consult with our attorneys who handle 18-wheeler accident cases in California. We are here to provide compassionate and personalized representation tailored to your needs.
Why Hire Our Lawyers After An 18-Wheeler Accident
Accidents involving 18-wheelers can be complicated, and issues may arise during the claims process. Nonetheless, we’re prepared to face any type of challenge head-on. Our attorneys listen to your concerns and outline potential legal options based on your situation.
The other party may dispute liability, try to hide evidence, or create problems. However, our California 18-wheeler accident attorneys aim to present your perspective clearly, based on the facts.
We offer not only expertise but also a professional legal partnership to our clients:
- Our 18-wheeler accident injury lawyers can also refer you to healthcare professionals in the state.
- We may compile treatment documentation that helps illustrate your injuries and ongoing care.
- With case management experience, we guide clients through the legal process and keep them informed.
- We keep you updated about any developments or news about your case.
Statute Of Limitations For 18-Wheeler Accident Claims In California
The statute of limitations sets the time limit for bringing legal action against the negligent parties. In California, injured victims have two years from the date of the 18-wheeler truck accident to file a personal injury case.
However, there are some exceptions. For example, in cases involving wrongful deaths, the deadline starts to run from the victim’s passing or the date when the cause of death is determined.
Knowing your deadlines is important in obtaining compensation. If you fail to file a lawsuit within the allowed timeframe, you’ll miss your chance to pursue compensation. It may be helpful to seek legal help soon after an accident so you understand your rights and deadlines.
Not sure if you can still sue the other party? Contact our 18-wheeler accident attorneys in California for clarity. We’ll review your case for free and determine what deadlines may apply to your case.
Frequently Asked Questions
Why Are 18-Wheelers Dangerous In A Crash?
Some drivers feel intimidated when driving near 18-wheelers, and for good reason. These trucks create significant risks on California’s highways:
- Size — An 18-wheeler, averaging 70 feet long, towers over a typical car, which averages 14 feet in length. Its immense size brings significant risks, including longer stopping distances, more challenging maneuvering, and expanded blind spots.
- Weight — Commercial trucks, such as 18-wheelers, have more mass and weight than the average car. In a collision, they generate a greater force upon impact, often causing severe injuries and major vehicle damage.
- Cargo Load — Large 18-wheelers deliver a wide range of goods nationwide, including fresh produce, personal items, and heavy equipment. They can carry thousands of pounds, which increases the danger when a crash occurs.
Because of these factors, accidents with 18-wheelers often lead to catastrophic injuries like broken bones, spinal trauma, or brain injuries. These cases are also more complex because multiple parties may share responsibility, such as the driver, trucking company, or even a cargo loader.
If you are injured in this type of crash, documenting your medical care and speaking with a personal injury attorney early may help protect your right to pursue compensation.
Can I Sue The Truck Driver Who Hit Me And Receive Compensation?
You may be able to file a lawsuit against the truck driver if evidence shows they were at fault for the accident. In some cases, injured people can pursue compensation for damages caused by a driver’s negligence. However, not all truck accident claims are straightforward. Other factors uncovered during an investigation may reduce or shift liability away from the driver.
This is why consulting an 18-wheeler accident attorney in California can be helpful. An attorney can examine the circumstances and explain if other parties, such as the trucking company, cargo loaders, or vehicle manufacturers, could be involved.
What Is The Average Settlement For An 18-Wheeler Accident In California?
Computing the average 18-wheeler truck accident settlement in California is difficult. Depending on the severity of damages, settlements can sometimes range between tens of thousands and multi-million dollar settlements. The potential value of a case is subject to factors like medical expenses, lost wages, property damage, pain and suffering, and liability.
How Much Is My 18-Wheeler Truck Accident Case Worth?
The value of an 18-wheeler accident case depends on many factors, including:
- The severity of your injuries.
- The cost of medical treatment, both now and in the future.
- The amount of time you miss from work and any impact on your earning ability.
- The extent of property damage.
- How the parties share liability.
- Pain and suffering and the effect on daily life.
Since every case is different, it is not possible to know the exact value without a full review of the facts. An attorney can explain what types of damages may apply in your situation.
Will My Truck Accident Case Go To Trial?
It depends. Many 18-wheeler accident cases get settled out of court. However, you might have to consider going to trial if the other party is disputing liability or refusing to settle for a fair amount. It’s ultimately your choice. Our 18-wheeler accident attorneys can go over the advantages and disadvantages of both options to help you make an informed decision. You can also read our guide on how truck accident lawsuits work to learn more.
How Long Will It Take To Settle My Case?
The time it takes to resolve a truck accident case varies depending on several factors. It might only last a few weeks or months if it’s relatively straightforward. On the other hand, it could go much longer if you’re still receiving treatment for your injuries or your case goes to trial.
When your 18-wheeler accident goes to court, both sides must go through the discovery process, interrogatories, and depositions. All these can significantly draw out the case, especially if there are complex matters to tackle.
It’s on a case-by-case basis. Contact our attorneys for specific advice on 18-wheeler accident claims. Because every case is unique, we can discuss general timelines and factors that may affect them.
How Are Truck Accidents Different From Car Accidents?
Crashes involving larger vehicles present unique challenges that victims must face, which often require different legal strategies than those handled by car accident lawyers. These challenges include things like:
- Severity Of Consequences — 18-wheelers can weigh up to 80,000 pounds, twenty times the average weight of passenger cars. The resulting damage can be severe in a collision. Victims caught in the impact may suffer serious injuries, while vehicles may sustain damage beyond repair.
- Economic Impact — Because of the severity of injuries, truck accident victims often face higher medical costs. Hospitalization, lab tests, surgery, rehabilitation, and long-term therapy can all add to the financial burden.
- Fatality Risk — Traffic crashes involving 18-wheelers carry a higher risk of fatalities due to the greater force of impact. This risk is especially high for pedestrians, motorcyclists, and other road users with little protection.
- Insurance Policy — Truck companies usually have much larger insurance coverage than individual drivers. Insurers may challenge claims or attempt to lower settlement amounts.
Attorneys experienced in truck accident cases can guide you in responding to disputes from the at-fault party.
What Evidence Can I Use For My 18-Wheeler Accident Claim?
You may need strong evidence to support your claim and show who was responsible for the accident, as well as the extent of your injuries. Our 18-wheeler accident attorneys in California can investigate the facts of a case and gather different types of evidence. Here are some examples of what may be useful:
- Black Box Data — Many 18-wheelers are equipped with electronic logging devices (ELDs) that record driving time, speed, and braking events, showing how the driver operated the truck.
- Photos & Videos — Dashcam recordings, traffic camera footage, or photos from the scene may help illustrate what happened and the damage caused.
- Company Records — Driver files, inspection reports, and maintenance logs may show whether a trucking company followed safety rules.
- Witness Statements — Independent accounts can support how the crash occurred and provide additional details.
- Police Reports — Although police incident reports are inadmissible in court, they can still contain important information, such as:
- Names and addresses of all involved parties
- Property damages
- Weather details
- Traffic conditions
- Witness information
- Witness statements
Such records may be useful in an attorney’s investigation of your case.
- Medical Records — Hospital and treatment records may help connect your injuries to the accident and document their severity.
- Expert Opinion — We may consult medical specialists, accident reconstructionists, or economists to explain technical issues or long-term effects.
Collecting and preserving evidence early can strengthen your claim. An attorney can review what applies to your case and guide you on the next steps.
What Can I Do To Help Settle My Case?
Hiring knowledgeable 18-wheeler accident lawyers may help you navigate the legal process and work toward a fair resolution of your case.
- Follow your treatment plan and attend your medical appointments. We understand that some days can be worse than others, and getting out of bed to attend follow-ups, consultations, or therapy sessions can be difficult. Following through with your medical appointments helps preserve a clear record of your recovery. The other parties might assert that what you did during recovery is the cause of your current injuries and pain and suffering, devaluing your claim.
- Preserve all relevant documents, such as your medical records, police reports, and written communication with the insurance company. Keep track of all your expenses related to your injury, even the transportation costs. We also recommend creating a journal detailing your recovery progress, the pain you’re experiencing, and your thoughts. These records can support our California 18-wheeler accident attorneys’ efforts to show how your injuries have affected different parts of your life.
- Don’t post anything on social media. If you must inform your family, do so privately and ask them not to share information carelessly. Insurance adjusters sometimes review your online and offline activity. They may try to use things like social media posts to argue your injuries are not as serious as claimed.
Should I Hire 18-Wheeler Truck Accident Attorneys For A Minor Accident?
It may be helpful to consult with 18-wheeler accident lawyers, even for what seems like a minor accident. Even less severe crashes can sometimes result in unexpected medical issues or legal complications. An attorney can explain your options and help you understand the process.
Some people choose to handle a personal injury claim on their own, but this can be challenging. Important evidence or legal deadlines might get overlooked, which could affect the outcome of a case. For example, what seems like a minor injury may later develop into chronic pain that requires long-term treatment.
An 18-wheeler accident attorney in California can review your situation and discuss factors that may affect the value of your claim, including medical costs, lost wages, and pain and suffering.
How Much Do Accident Attorneys Charge In California?
California attorneys for 18-wheeler accident cases typically charge on a contingency fee basis. Arash Law has the same payment arrangement, which means attorneys’ fees are collected only if there is a recovery. We will directly deduct our fee from the settlement or award. Contact us via our online form to learn more about our fee structure.
Where Can I Find The Best 18-Wheeler Accident Attorneys In California?
You can simply Google, “I need a personal injury lawyer for my 18-wheeler accident,” and you’ll get many options. However, the next step is the hard part: you must go through the options to find the best attorney. Here are some tips:
- Consider the location, as personal injury laws might vary across jurisdictions. Local attorneys have in-depth knowledge of local rules and regulations, which is crucial for creating a tailored strategy.
- Look for lawyers who’ve handled 18-wheeler accidents in the past. Check their track record to see if they’ve won similar cases.
- You may review testimonials, keeping in mind that past client experiences do not guarantee future results.
- Consider whether the attorney is prepared to represent your interests through negotiations or, if needed, in court.
Can An Undocumented Immigrant File A Personal Injury Claim In California?
Undocumented immigrants can file a personal injury claim. Under the California Evidence Code, the court is not allowed to question a person’s immigration status in personal injury cases. If you suffer injuries due to the negligence of others, you may be eligible to seek fair compensation. Speak to our 18-wheeler accident attorneys today. Our law firm has a multilingual staff that can listen to your story in the language you’re most comfortable with.
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
Types Of 18-Wheeler Truck Accidents
Due to their size, 18-wheelers are some of the most dangerous vehicles on California roads. These large trucks come with unique driving hazards, and driving defensively is always in your best interest. However, no matter how carefully you drive, you can still get injured in various accidents involving big rigs, such as:
Head-On Collisions
Some areas in California are known for stretches of winding and steep roads. All drivers must take extra care on winding highways, especially sloping ones. Otherwise, they risk colliding head-on with oncoming traffic. Head-on collisions between semi-trucks and other vehicles often result in fatalities.
Head-on collisions can also occur due to:
- Failing to yield the right of way
- Falling asleep behind the wheel
- Swerving
- Tire blowouts
Rear-End Collisions
Trucks take a bit more time than the average car to come to a complete stop when braking. They also need ample space for drivers to maneuver them effectively. If drivers miscalculate the gap, they risk crashing into the leading car, potentially causing severe damage and injuries.
Rear-end collisions may also result from distracted driving, speeding, and reckless driving. However, they could be due to factors beyond the driver’s control, like auto defects. Whatever the case, speaking with our 18-wheeler accident attorneys is crucial. You might have an eligible product liability claim if a manufacturing defect contributed to the accident.
Underride & Override Collisions
Devastating underride accidents where sedans or motorcycles get trapped under semi-truck trailers are not unheard of. These crashes highlight the perilous mismatch on our roads. In an underride accident, a motorist rear-ends the truck and slides underneath, shearing off the top in the process. On the other hand the truck drives over the smaller vehicle in an override accident.
These incidents tragically leave little hope for those in the smaller vehicle, often resulting in devastating outcomes for the occupants.
Rollover Accidents
Because of their higher center of gravity, 18-wheelers are susceptible to rollover accidents. They could easily overturn if the driver goes beyond the speed limit, makes sharp turns, or brakes suddenly. Something as minor as driving over a small obstruction in the road can make a truck roll over.
Jackknife Accidents
During sharp turns, sudden maneuvers, or abrupt brakes, an 18-wheeler’s trailer could swing toward the cab. When this happens, the surrounding vehicles are at risk of getting hit by the uncontrolled trailer. The force of the swinging trailer further propels the cab forward, leaving destruction and casualties in its path.
T-Bone Accidents
Vehicles often get into T-bone or broadside accidents at intersections. This usually happens when the driver runs a red light, falls asleep while driving, or experiences brake malfunctions. Getting T-boned can be catastrophic. When an 18-wheeler strikes this area, the occupants seated on that side have a high risk of sustaining severe injuries.
Victims commonly receive blunt-force trauma to the head and upper body, leading to concussions, broken bones, whiplash, and other injuries. They could also get cuts from the broken glass or metal shards. They’ll likely need extensive medical treatment to recover.
Sideswipe Collisions
Car accidents involving only small vehicles may have a more manageable outcome and may result in swift settlements. However, the consequences of a sideswipe collision can be devastating when an 18-wheeler truck is involved. Your car could be pushed off the road or into another vehicle, putting you and your companions at serious risk.
Multi-Vehicle Crash Or Pileups
The circumstances surrounding many semi-truck accidents could increase the risk of multi-vehicle crashes. Here are some examples:
- In a jackknife accident, the truck could bulldoze other vehicles in multiple lanes.
- An 18-wheeler rear-ends a car at a red light, pushing it onto the intersection and colliding with the crossing vehicles.
- When a semi rolls over, it could crush several cars at once and affect other vehicles.
Pileups are not only physically destructive but also legally complicated. When multiple parties are involved, identifying liable individuals can be challenging. Reach out to our skilled 18-wheeler accident attorneys in California for legal assistance.
Common Driver-Related Errors Behind 18-Wheeler Truck Accidents
Every traffic accident is unique. Our lawyers understand that 18-wheeler truck accidents are no different. There are, however, several driver-related causes that are commonly associated with semi accidents:
Driving Under The Influence
Driving under the influence of alcohol or drugs is exceedingly dangerous. These substances can reduce reaction times, impair motor coordination, and alter depth perception. An impaired driver might also lose their grip on reality, making sudden maneuvers to avoid a non-existent hazard, for example. If someone’s drunk behind the wheel of an 18-wheeler, the consequences could be much more disastrous.
Truck drivers are held to much higher standards when it comes to driving under the influence. Most states have adopted the federal guidelines setting a blood alcohol content (BAC) limit of .04 (half the limit set for non-commercial drivers). Regulations require truck drivers to remain off the road for at least four hours after drinking.
Driver Fatigue
Extreme demands on the trucking industry lead to unnecessary pressure on truck drivers. Truckers, nevertheless, are professional drivers covered by much more restrictive regulations than non-commercial drivers. When truck drivers don’t follow these standards on working hours, they are more prone to risk driving while fatigued.
Fatigued drivers are dangerous. Drowsiness can seriously impair one’s driving skills in the same ways as alcohol or drugs. However, it’s a little more challenging to prove since fatigue can’t be tested, unlike BAC levels. Nevertheless, our lawyers specializing in 18-wheeler accident cases have numerous ways to establish the driver’s negligence.
Distracted Driving
Drivers have to be focused whenever they are on the road. Distracted driving is dangerous, especially when a massive semi-truck is involved. Our 18-wheeler accident lawyers understand that smartphone use is not the only form of distraction.
Drivers may cause accidents by engaging in other activities while driving. For example, they may start speaking to their passengers, which may shift their focus from the road. Eating while driving, fidgeting with their dashboard controls, and adjusting their seats or mirrors are all forms of dangerous driving distractions.
Ignoring Traffic Rules
All drivers must follow the safety rules of the road, including obeying speed limits. Truck accidents are more likely to happen and are far more dangerous at higher speeds. Driving recklessly, such as by tailgating or braking suddenly, can endanger other motorists.
Drivers also need to adjust to road conditions and inclement weather. Failure to do so can lead to fatal accidents. For example, during heavy rain, drivers may lose control if they speed on slippery roads.
If a negligent driver causes your injuries, our 18-wheeler accident attorneys can evaluate your situation and discuss whether a claim may be available. Fill out our “Do I Have A Case?” form today.
What Other Factors Lead To 18-Wheeler Accidents?
Some may assume that the truck driver is almost always at fault in traffic accidents. However, in many cases, driver negligence isn’t a part of the equation or, at least, is not the sole factor. Other common causes of 18-wheeler accidents include:
Unsecured Loads
Trucks can carry thousands of pounds of cargo. If the cargo is not secured properly, it could fall off the trailer, crashing into other vehicles or obstructing the road. Loose cargo is also prone to moving inside the trailer, shifting the weight and balance of the truck. If the truck loses stability, the driver could lose control and cause a collision.
Sharing The Road With Motorhomes
Tractor-trailers can also be involved in accidents because of motorhomes and other types of RVs. Both vehicles are fairly large, which already poses hazards on their own. A truck-versus-RV accident can be catastrophic, particularly for the smaller cars sharing the road with them. They could get caught in the impact, seriously injuring the occupants.
Poor Vehicle Maintenance
Failure to perform regular inspections and maintenance compromises truck safety. Critical components malfunctioning, like tires and brakes, can lead to loss of control and collisions with other motorists.
Truck owners and companies must prioritize the safety of their fleet, while drivers must inspect their rigs before every trip. Our 18-wheeler accident attorneys may investigate parties responsible for vehicle upkeep to determine whether negligence played a role.
Defective Equipment
Sometimes, a malfunction or failure isn’t due to a lack of maintenance. The issue could be present from the start due to a design flaw or a manufacturing error. In these situations, the manufacturer or distributor could be held liable for a resulting accident under product liability laws. Contact our 18-wheeler accident attorneys to discuss whether product liability may apply.
Adverse Weather
While California is famous for its great weather, it occasionally experiences snow, rain, and high winds. Some areas can receive more precipitation than others, requiring more care when driving. Eureka and Grass Valley, Northern California, receive about twice as much annual rain as other cities in the region. Meanwhile, the Sierra Nevada range gets the most snow. These areas may see a lot of traffic incidents due to weather-related hazards.
Cross-country drivers may be exposed to bad weather while traveling to their destinations. They must be ready to navigate reduced visibility, wet roads, and other weather-related challenges. Otherwise, they risk putting themselves and others at risk of accidents.
Determining the cause of the crash can help us assess who could be held accountable. If you’re unsure against whom to file a claim, talk to our California 18-wheeler accident attorneys.
Injuries From 18-Wheeler Accidents
Our 18-wheeler injury attorneys have helped victims pursue legal options for different types of injuries. Here are some of the most common:
Cuts & Lacerations
Victims may get wounded from the broken glass, sharp metal, and other debris from the crash. Some cuts can heal on their own, but others can get infected. This can result in serious health issues if not treated properly. Infections can lead to further complications, including sepsis and death.
Whiplash
The forceful back-and-forth motion of the neck in a collision may result in whiplash. It can cause neck pain, stiffness, headaches, dizziness, and blurred vision. Although a whiplash injury is mostly considered minor, it can still lead to serious complications that make performing daily tasks difficult.
Broken Bones
A collision with an 18-wheeler can generate enough force to shatter or break bones. Fractures cause significant pain and inconvenience, especially while the bones heal. They can severely limit mobility, sometimes permanently.
Head & Brain Injuries
In a crash, the victim could hit their head hard on the dashboard. As a result, they could suffer from head injuries ranging from bruises to concussions. Traumatic brain injuries (TBIs) are particularly dangerous. Our attorneys have experience handling injury claims and can discuss potential legal remedies based on your circumstances. This includes the effects of nausea, depression, amnesia, and the tragic circumstances of losing a loved one.
Spinal Cord Injuries
Typically, spinal injuries from 18-wheeler crashes are not only severe but life-altering. It may result in paralysis that profoundly impacts the victim’s life and independence. The aftermath may require significant adaptations by families, such as:
- Modifying their homes for accessibility
- Investing in specialized medical equipment
- Switching careers or leaving their jobs to provide needed care
This reality brings a heavy financial and emotional burden, with both victims and their families facing a challenging adjustment period. Expensive support networks, including counseling and rehabilitation services, become essential in navigating this new life path.
Burn Injuries
Our 18-wheeler accident attorneys understand that burn injuries are rarely surface-level. Severe burns can lead to a significant long-term impact on both physical health and emotional well-being. Physically, survivors may face the following:
- Scarring and disfigurement
- Contractures leading to restricted movement
- Chronic pain
- Intense itching
- Increased sensitivity to temperature and sunlight
On the emotional and psychological front, individuals might struggle with:
- Post-Traumatic Stress Disorder (PTSD)
- Depression
- Anxiety
- Body image issues
Recovery often involves expensive physical therapy, occupational therapy for daily tasks, and psychological support.
Crush Injuries
When an 80,000-pound vehicle tips over or runs over a smaller car, the force exerted can deform the car’s structure, causing severe harm. The car’s occupants could get trapped and sustain crushing injuries, like broken bones, internal bleeding, and organ damage. Immediate medical attention is crucial to address life-threatening conditions. Recovery may require surgeries, long-term rehabilitation, and psychological support.
Wrongful Deaths
In the worst cases, 18-wheeler crashes can lead to fatalities. Families often face significant financial and emotional burdens after a fatal crash. If evidence shows another party was negligent, they may be able to pursue a wrongful death claim.
Parties Who May Be Liable In 18-Wheeler Collisions
Liability in tractor-trailer accidents is complex because of the various potentially at-fault parties. Obtaining evidence that proves their negligence is crucial in holding them accountable. Our 18-wheeler accident attorneys can help conduct an investigation and collect key evidence supporting your claim. Call us at (888) 488-1391 to discuss your case.
Depending on the case, the following may be responsible for paying for the losses a victim suffered from an 18-wheeler collision:
- Truck Drivers — Truckers can be liable for an accident if they breach their duty to drive safely and reasonably in any situation. Complying with local, state, and federal laws is also their duty.
- Trucking Company — In general, employers share responsibility for their employees’ negligence. In 18-wheeler accidents, the trucking company could be held liable if its driver caused or contributed to the accident while performing their duties. While truckers are responsible for operating their rigs safely, trucking companies share a massive portion of responsibility when it comes to ensuring safety.
- Truck Owner — In some cases, the driver or the trucking company doesn’t own the 18-wheeler. As such, our truck accident lawyers will also investigate the 18-wheeler’s owner for negligence. They could share responsibility for an accident if it occurred because they did not properly maintain the truck.
- Truck Manufacturer — If a defective part contributed to the crash, the manufacturer could be liable under product liability laws.
- Other Road Users — Other motorists may be found at fault if they caused or contributed to the accident.
- Local Public Agencies — If the accident is due to hazards on a public road, the government entity responsible for maintaining it may be accountable. They could be responsible for issues such as uneven pavement, poor design, inadequate warning signs, and faulty traffic signals.
- Other Third Parties — Depending on the circumstances of the accident, other parties could also bear liability. Some examples are cargo loaders for improperly secured freight or maintenance contractors for mechanical failure.
Comparative Negligence In California
California follows the pure comparative negligence rule. This legal concept assigns liability to each party involved in an accident based on their degree of fault. This means even the plaintiff can share responsibility for their own injuries. Even so, the victim may still be able to recover damages, but their compensation will be reduced.
For example, you are driving slightly above the speed limit when an 18-wheeler sideswipes your car as the driver falls asleep. The court then assigns you 18% and the truck driver 82% of the fault. Your compensation is then reduced by 18%. If your total damages amount to $80,000, you will only receive $65,600.
If you want to know how comparative negligence laws affect your case, call our 18-wheeler accident lawyers at (888) 488-1391. Let us evaluate the details to determine liability.
Potential Damages Awarded In 18-Wheeler Truck Accident Cases
Determining the value of your injury claim or what damages you can recover can be difficult, especially since some losses can be hard to prove. Our attorneys can evaluate the facts of your case and discuss factors that may affect the value of your claim.
Injury victims in 18-wheeler collisions may be entitled to pursue the following damages:
- Medical Expenses — You may seek financial damages for the costs of your current and future medical treatment, hospitalization, surgery, medications, rehabilitation, and other medical care for your injuries.
- Lost Wages — If your injuries prevent you from working, temporarily or permanently, you may be able to recover the amount you would have earned.
- Property Damage — If your car or any personal property was damaged in the accident, you may have your expenses for repairs or replacement reimbursed by the at-fault party.
- Pain and Suffering — Intangible losses, like the physical pain you’re experiencing, may also be included in a claim. Your 18-wheeler accident attorneys know how to value intangible losses like emotional trauma and mental distress accurately.
- Disability and Impairment — Injuries like loss of limb and TBI lead to a decreased quality of life. You can pursue financial compensation for the life you could have lived and the loss of your ability to perform daily activities.
- Loss of Consortium — Your injuries can also affect others around you. Your spouse or partner may also be eligible to claim damages for the loss of companionship, affection, and support.
- Punitive Damages — In rare cases where the liable party’s actions were particularly egregious, malicious, or reckless, the court may also award punitive damages to the victim. Punitive damages serve to punish the at-fault party and prevent similar behavior in the future.
What To Do After An 18-Wheeler Accident
A crash with a massive vehicle can leave everyone involved feeling confused and disoriented. However, it’s important to stay calm and maintain a clear head during these critical moments. Consider the following steps:
- Check yourself and others involved in the accident for injuries. If someone needs immediate medical care, call 911 for emergency services.
- If you’re in a car, move to a safer location, preferably by the side of the road. Steer it away from traffic to avoid secondary collisions.
- Contact local law enforcement. Police officers can help manage the scene and mitigate further risks. They can also create an incident report — a typical requirement in insurance claims.
- Exchange contact details with the other parties. Also, make sure to get information about the truck driver’s insurance coverage and driving license.
- If there are any witnesses, collect their contact information. You can also ask them to provide a statement to the responding police officer.
- Take photos or videos of the accident scene, including any vehicle damage and your injuries. These can serve as evidence for your claim.
- Notify your insurance company immediately. Follow your provider’s procedure when reporting accidents.
- Avoid admitting fault or speculating about it with others, including police officers. Don’t apologize or admit fault, even if you believe you might have been to blame.
- Seek further medical attention, even if you feel fine. A full medical evaluation can uncover any hidden injuries that might lead to serious complications or even death later. Moreover, this will help you document your injuries properly, which is crucial for insurance and legal purposes.
- Consult our 18-wheeler accident attorneys in California. If you can’t visit our office, we may be able to arrange a consultation in another location or through a virtual meeting.
Dealing With Insurance Companies After An 18-Wheeler Accident
Insurance claims are a delicate process; any mistake could compromise their success or what you might be able to recover in a settlement. Our 18-wheeler accident attorneys are aware of the importance of caution when speaking to the insurance companies. Adjusters might seem friendly and helpful, but remember that their main goal is to reduce how much they owe you. They’re not above blaming, manipulating, or twisting every word you say.
When talking to you, they will fish for answers that they can use against you. For example, they might exaggerate your condition to compel you to say that your injuries aren’t severe. They will then use your own words to discredit your claim, reducing your compensation.
Adjusters often aim to resolve claims quickly because prolonged cases can become more complex or costly. For this reason, they may encourage you to accept a settlement agreement soon after the accident.
However, accepting too early can reduce your compensation. The real value of your case usually emerges only after a thorough investigation, which insurers may try to avoid.
If insurance companies get desperate enough, they might even switch to intimidating or harassing you. You must stand firm. Once you accept a settlement, you will no longer have the right to pursue further compensation.
You can avoid these issues altogether by refusing to talk to them. Direct them to our law office when they call. Our 18-wheeler accident attorneys in California can handle all communications and negotiations on your behalf.
Commercial 18-Wheel Truck Accidents: The Statistics
Commercial truck accidents are among the deadliest on the road. According to the Federal Motor Carrier Safety Administration (FMCSA):
- In 2021, there were approximately 494,000 police-reported traffic accidents involving large trucks, and out of these, there were 5,149 crashes that led to fatalities and 110,000 injury crashes.
- The majority of fatal crashes involving large trucks are two-vehicle accidents.
- Large truck accidents that end in fatalities often happen in rural areas and on interstates.
- Large trucks were involved in 37% of all fatal crashes, 24% of all injury crashes, and 21% of all property-damage-only crashes that took place at night, between 6:00 p.m. and 6:00 a.m.
- Weekdays saw the bulk of large-truck accidents: 83% of fatal crashes and 87% of nonfatal crashes took place between Monday and Friday.
More recent data from the National Security Council highlights 2023 crash trends:
- Fatal crashes: 5,375 large trucks were involved in fatal crashes, a decrease of 8.4% from 2022 but an increase of 43% over the last 10 years.
- Injury crashes: 114,552 large trucks were involved in crashes that caused injuries, a 4.7% decrease from 2022.
- Total deaths: 5,472 people died in large-truck crashes in 2023, 8% fewer than in 2022 but 40% more than a decade ago.
- Who died: 70% were occupants of other vehicles, 18% were truck occupants, and 12% were non-occupants such as pedestrians and bicyclists.
These statistics highlight exactly how dangerous and prevalent accidents involving 18-wheelers are.
Get Legal Advice From Our 18-Wheeler Accident Attorneys In California
After a truck accident, you may feel unsure about how to move forward and feel tempted to accept the first settlement the insurance company offers to put the matter behind you quickly. However, doing so may not serve your claim or your health.
You are not alone. The dedicated legal team at Arash Law offers commitment, knowledge, and compassion to clients navigating truck accident cases. Our experienced 18-wheeler accident attorneys are available to help. Our team accepts calls 24/7 and will follow up as soon as possible.
Our 18-wheeler accident law firm helps victims throughout California, including Los Angeles, San Diego, Sacramento, San Francisco, Sherman Oaks, San Jose, Riverside, Pasadena, Bakersfield, Carlsbad, Fresno, Manteca, Davis, and more.
