California Tractor-Trailer Accident Lawyers
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California Tractor-Trailer Accident Lawyers Helping You Navigate The Legal Process
A traffic accident is always an inconvenience, but when massive tractor-trailers are involved, it can be even more traumatic or fatal. Sadly, these deaths are almost always caused by negligence, meaning people could’ve prevented them. Our California tractor-trailer accident lawyers can help victims assess liability and pursue compensation for the damages. They can assist with claims related to medical bills, lost wages, and more.
Tractor-trailer accidents happen for various reasons. For one, truck drivers are prone to making mistakes due to the pressure of meeting tight schedules despite being professionals. Nevertheless, victims have the opportunity to explore and pursue damages through multiple avenues, as trucking companies and other parties can be held liable. However, the legal battle won’t be easy, as this implies squaring up against large corporations that will do anything to secure their interests.
Our tractor-trailer accident lawyers can negotiate with trucking companies and insurance providers to help you seek compensation for your losses. You may call our team at (888) 488-1391 or complete our “Do I Have a Case?” form for a free initial consultation.
Why Hire Our Tractor-Trailer Accident Attorneys
There are challenging legal matters in truck accidents that are not in regular car collisions. Addressing these challenges requires experience and knowledge. For instance, multiple parties may share liability. Pursuing damages from one seems straightforward. However, assessing and addressing all potentially responsible parties is more complex and can benefit from the support of truck accident lawyers.
18-wheeler accident attorneys can provide legal assistance on your journey toward financial, physical, and emotional recovery. They can assist you with the following:
- Our tractor-trailer accident lawyers in California assist with the claims process by explaining your rights and the legal steps involved.
- With our in-depth knowledge, we help you navigate the intricacies of tractor-trailer accident cases and the involved trucking regulations and personal injury laws.
- By evaluating all your losses and damages, including all costs you will potentially incur, we diligently pursue compensation for your claim.
- We handle all communication and negotiation with liable parties and insurance companies. We can also represent you in court if necessary.
- We handle your case with personalized attention and treat it with respect and dignity.
Getting The Basics Of Tractor-Trailers In California
Be it a tractor-trailer, big rig, semi-truck, or 18-wheeler, we use all these terms interchangeably to refer to the enormous commercial vehicles that traverse our freeways and highways every day. They transport our goods across hundreds of miles and help boost the economy. Despite their benefits, our legal team recognizes how dangerous these vehicles can be.
The Main Parts Of A Tractor-Trailer
These enormous trucks are made up of two main parts:
- Tractor — The front part of a truck powered by an engine is called the tractor, which contains the driver’s cabin. A connection system links it to the cargo trailer. This coupling device functions similarly to a hinge, enabling the tractor and trailer to move in tandem while providing some degree of flexibility.
- Trailer — In most trucks, a container carrying cargo is attached to the tractor, creating the extended back part of the vehicle. This is called the trailer. People sometimes refer to tractor-trailers pulling more than one trailer as “road trains” or “land trains.”
What Makes Tractor-Trailer Dangerous?
Commercial tractor-trailers have several inherent zones or areas that pose a danger to everyone on the road. They can contribute to a more catastrophic traffic accident than when a regular passenger vehicle is involved. It is, therefore, vital for motorists and pedestrians to be cautious around these areas.
Overall Design
It requires a different set of skills to maneuver an 80,000-pound vehicle with oversized tires and fully loaded cargo traveling at high speeds. Truck drivers must keep their distance from other road users because trucks are not able to stop on time. Motorists, on the other hand, should avoid cutting in front of trucks to reduce the risk of rear-end accidents.
Blind Spots
Despite being in an elevated position above the road, truck drivers must be wary of huge blind spots on all sides of their vehicles. Bicyclists and motorcyclists, in particular, traveling in a truck’s blind spot risk a deadly collision as the driver is unlikely to notice them and know they are there, similar to pedestrians. Other drivers should avoid passing on the truck’s right-hand side, for example, as it’s a dangerous blind spot.
Center Of Gravity
Large commercial trucks have higher centers of gravity, making them more likely to roll over than smaller cars. Since these vehicles are designed for long hauls, transporting heavy loads over long distances, companies need to follow proper cargo loading techniques. Improper loading as an illegal cost-cutting measure can affect its center of gravity, thus causing an accident.
Regulations For The Trucking Industry
Strict laws and regulations help improve safety in the trucking industry. Specific rules, like those pertaining to emissions limits, are intended to help the environment. However, most are specifically designed to make it safer for commercial vehicles to deliver commodities around California. Our tractor-trailer attorneys will help you understand these legal complexities.
Violating these restrictions could endanger other drivers on the road, potentially leading to tractor-trailer accidents. Some of the rules set by the Federal Motor Carrier Safety Administration (FMCSA) and other agencies include the following:
- Truck Loading and Design — Certain laws regulate the maximum weight of trucks, the load they can carry, and the way trucks should be loaded, among others.
- Qualifications — Truck companies must make sure their drivers possess the necessary licenses and qualifications to operate commercial motor vehicles. They need to have the required safety management controls to prevent collisions. Sometimes, the liability falls on their part for hiring a negligent driver.
- Service Hours — Truck drivers are only permitted to drive up to 11 hours during the 14-hour work window. They can’t drive again until after they’re off-duty for another 10 consecutive hours. Additionally, they must abstain from driving if their blood alcohol content (BAC) is higher than 0.04%.
- Regular Maintenance — Truckers and truck companies have the duty to inspect, maintain, and repair trucks regularly. It’s an essential component of trucking operations.
Hiring tractor-trailer accident attorneys in California can help manage interactions with trucking companies and insurers during the claims process. While you focus on your recovery, the legal team can handle the steps involved in pursuing compensation related to the collision.
SM v. Doe Defendant (settled on 10/14/2020) – settlement in a case involving a client who sustained a spinal cord injury and mild traumatic brain injury when he fell off a roof. The team at Arash Law secured an additional $610,000 as part of the third party settlement.– TINA ESHGHIEH
What Makes Tractor-Trailer Accidents Different From Car Accidents?
With their immense size and enormous weight, commercial truck accidents inflict significantly more catastrophic injuries and even result in death compared to other crashes involving passenger vehicles. This is one reason why the average settlement for tractor-trailer accidents is generally larger, making them among the most complex cases our tractor-trailer crash lawyers handle.
While most crashes involving trucks and other commercial vehicles are, to some extent, the result of negligence on the part of truck drivers, other parties can also be held liable. In fact, compared to car accidents that typically involve two parties only, tractor-trailer accidents can involve several. This includes the company responsible for load transport and the truck company that often hires unfit or poorly trained drivers.
Since multiple parties may be involved in a tractor-trailer accident claim, the process can be complex and challenging to navigate. Car accident lawyers, who also handle tractor-trailer crash cases, can assist in managing communications and legal steps with trucking companies and their insurers. They can help assess liability and work through the claims process to pursue compensation for your losses.
After knowing the specific danger trucks pose on our roadways, it would be great to prevent truck accidents completely. However, the truck industry plays a significant role in driving our economy. Therefore, the best thing other motorists and road users can do is to gain some awareness by knowing what commonly causes these crashes.
Common Causes Of Tractor-Trailer Accidents In California
Federal and state regulations enforced on the trucking industry help prevent tractor-trailer accidents and promote road safety for drivers and other road users. Ignoring or failing to follow these rules is considered negligence. Establishing this in a compelling case is crucial to seeking financial restitution for the victims and their families. This is especially true when catastrophic injuries and extensive damage occur.
To find out if negligence was a root cause in a tractor-trailer accident, we will thoroughly investigate all the possible factors involved. Determining liability for the victim’s harm depends on this investigation. California tractor-trailer accident attorneys can carefully examine all aspects of the case, including the following:
Truck Driver’s Negligence
- Fatigue — Exhaustion is a common problem for truck drivers due to long hours on the road and irregular sleep patterns. This is particularly true when drivers are always under time constraints. Tired drivers are less attentive and have slower reaction times. Ensuring proper rest breaks and following hours-of-service regulations significantly reduces this danger.
- Speeding — The higher the speed at which an accident occurs, the more severe the resulting injuries and the higher the possibility of fatalities. Excessive speed reduces a truck driver’s ability to react quickly and effectively to changing road conditions or unexpected obstacles.
- Impaired Driving — Driving under the influence of alcohol or drugs is particularly dangerous. A driver’s judgment, coordination, and reaction times are all impaired when under the influence, potentially leading to devastating accidents. Maintaining sobriety while operating an inherently dangerous vehicle is crucial for road safety.
- Distracted Driving — Distractions like using phones for whatever reason or eating while driving are just as dangerous as impaired and fatigued driving. It can divert a driver’s attention from the road. Maintaining complete focus while driving will prevent accidents caused by distractions.
- Reckless & Aggressive Driving — Ignoring traffic laws, weaving in and out of traffic, tailgating, road rage, and other risky maneuvers and dangerous behaviors increase the risk of collisions. Truck drivers should maintain utmost regard for all safe driving practices to reduce trucking accidents.
- Inadequate Training — Truck drivers require a professional license. Without comprehensive training, they may find it hard at times to handle the complexities of large trucks, including maneuvering, braking, and responding to emergencies. Training programs can equip drivers with skills to safely and effectively operate these vehicles, thereby reducing accident risks.
Factors Related To The Truck
- Poorly Maintained Trucks — When owners don’t maintain tractor-trailers properly and regularly, they are more likely to experience serious technical problems that can lead to devastating accidents. Routine inspections and maintenance checks are crucial for safe vehicle operation and avoiding these problems.
- Mechanical Failure — Truck drivers can lose control of their trucks and cause accidents when systems or components of the vehicle, such as the engine, steering, or brakes, fail or malfunction. It is vital to inspect them regularly and fix them promptly to prevent any mechanical problems from becoming safety threats.
- Improperly Loaded Cargo — Cargo incorrectly loaded can shift during transit, affecting the truck’s stability and potentially causing accidents. The party responsible for loading the cargo can be held liable for such crashes. Properly securing and evenly distributing cargo is crucial to maintaining balance and preventing accidents.
External Factors
- Hazardous Road Conditions — Poorly maintained roads lead to potholes, uneven surfaces, or debris, making it challenging to maintain control of a tractor-trailer. Truck drivers must exercise caution in such dangerous road conditions and adjust their driving to accommodate the obstacles and challenges.
- Adverse Weather Conditions — Poor weather conditions like rain, snow, or fog can reduce visibility and traction, significantly increasing the risk of collisions. Drivers should exercise caution, reduce speed, and maintain a safe following distance in inclement weather to prevent accidents.
It is critical to address the factors discussed above to reduce tractor-trailer accidents and improve road safety. This includes thorough training programs, routine safety maintenance, strict adherence to safety standards, and responsible driving practices. Our tractor-trailer accident lawyers can identify relevant circumstances and conduct a thorough investigation of your case.
Determining Liability In Tractor-Trailer Accidents
Since multiple parties can be held accountable for a tractor-trailer accident, the legal process involved can easily get complicated. The trucking company, for one, can be held liable for the actions of its drivers. Its duty includes taking reasonable precautions to avoid accidents by closely adhering to all federal trucking safety standards, properly hiring and training the drivers, and conducting routine vehicle inspections. Companies can avoid these crashes when they fulfill this duty of care.
Whether it’s an independently contracted driver, a cargo loader, or a ground controller, the trucking company will be held accountable under the vicarious liability rule. Even the manufacturing company that produced the parts of the truck that proved to be faulty or dangerous can be liable. In addition, you can pursue the government agency responsible for fixing road defects like potholes in a claim.
Establishing Liability In Tractor-Trailer Accidents
To establish liability, certain elements must be demonstrated. Your tractor-trailer accident lawyers work to show the following:
- The alleged negligent party had a duty of care to the plaintiff.
- That party breached its duty of care by acting negligently or failing to act with reasonable caution, causing an accident. The plaintiff must present evidence of the negligence.
- Injuries directly resulted from the accident. Medical records can help prove this causation or direct link.
- Actual losses and damages resulted from the injuries.
Having legal representation can assist in managing a tractor-trailer accident claim. Tractor-trailer attorneys in California can assess liability and pursue compensation from multiple avenues. Their support can also be valuable in cases involving underinsured motorists, where injuries from large vehicle collisions may be severe.
Common Injuries Sustained In Tractor-Trailer Accidents
Due to the vast size difference, tractor-trailer accidents often cause catastrophic injuries. The occupants of passenger vehicles may suffer the most damage when a tractor-trailer collides with them. Victims would be lucky to walk away with minor injuries like scrapes and bruises. Tragically, though, truck accidents usually end in severe injuries and death.
Tractor-trailer accidents often result in serious injuries. Our lawyers assist victims in pursuing compensation to cover their medical bills and other damages. Some of the common injuries they address in claims include the following:
Crushing Injuries
Commonly sustained by accident victims, a crush injury occurs after the whole body or a body part gets trapped, pinched, or jammed between objects, which may potentially lead to amputations.
Traumatic Brain Injuries (TBI)
A severe blow to the head can result in one of the most devastating injuries a person can sustain. Brain injuries can lead to permanent cognitive impairments, memory loss, and lifelong neurological damage.
Spinal Cord Injuries
Damage to the spinal cord can be catastrophic to the victim, as it can result in paralysis or loss of motor function below the injury site. Such injuries affect a person’s mobility and daily functioning.
Neck Injuries
Neck injuries come from the rapid back-and-forth movement of the head and neck due to the impact of an accident. These can include whiplash, strains, or herniated discs, causing pain, impaired mobility, and long-term discomfort.
Back Injuries
Accident victims often sustain trauma to their backs. These injuries usually involve sprains, strains, and herniated discs and can lead to pain, reduced mobility, and potential chronic problems.
Burn Injuries
Collisions involving trucks can get more devastating when chemical spills and fire are involved. These cause burn injuries to the victims, requiring extensive and costly medical treatment and rehabilitation.
Bone Fractures
The strong impact of a tractor-trailer accident has the potential to break bones, particularly in the arms, legs, or ribs. Such injuries result in the extensive need for medical treatment that often requires a longer recovery period.
Wrongful Death
Tractor-trailer accidents tend to result in more fatal injuries than collisions involving passenger vehicles. Experienced tractor-trailer accident lawyers can help the deceased victim’s family in filing a wrongful death case.
While these injuries are also sustained in other types of traffic collisions, the impact they bring to the victim’s life tends to be more severe and life-altering when tractor-trailers are involved. Seeking legal assistance is beneficial for victims. The tractor-trailer crash lawyers at Arash Law can assist in having your injuries properly documented and treated.
What Compensation Is Available For Tractor-Trailer Accident Victims?
Victims of tractor-trailer accidents will understandably want to know how much their injury claim is worth. When you schedule a free initial consultation with a lawyer to discuss your case, they will explain that while every settlement is different, the types of compensation victims can pursue are generally the same.
The tractor-trailer accident attorneys at Arash Law focus on pursuing compensatory damages, which are intended to address the losses suffered by the victim. They are classified as economic or non-economic.
Economic Damages
The quantifiable and concrete financial losses you and your family suffered following a tractor-trailer crash are known as economic damages. Included in this category are:
- Present and future medical costs for treatment, consultations, medications, surgeries, ongoing care, rehabilitation, etc.
- Lost wages, including the reduced capacity to earn in the future.
- Property damage, including the cost of repair and replacement.
- Other out-of-pocket expenses.
Non-Economic Damages
The intangible costs of injuries sustained in tractor-trailer accidents are known as non-economic damages. They are more challenging to calculate and cover the following:
- Pain and suffering
- Emotional anguish and mental health issues
- Diminished capacity to enjoy life
- Loss of consortium
- Disfigurement and life-changing disabilities
Other types of damages may be recoverable depending on the facts of your case. Our tractor-trailer accident lawyers in California can help you assess the potential value of your claim. Please note that every case is different, and any compensation depends on the individual facts, so it is not guaranteed.
Punitive Damages
The court has the exclusive authority to award punitive damages for victims in cases where the at-fault party is shown to have behaved maliciously, fraudulently, or with extreme carelessness. This type of compensation is intended to discourage reckless, intentional, or malevolent behavior and to punish those who act in such a way.
Severe and catastrophic truck accidents may result in higher compensation than minor ones. In cases involving serious personal injuries or wrongful death, a judge or jury may award larger damages, depending on the facts of the case. Insurance companies may not readily agree to significant settlements during negotiations. If pursuing litigation could impact the claim, tractor-trailer accident lawyers can assist in evaluating that option.
What To Do After A Tractor-Trailer Accident In California
If you are conscious and able, take the following steps to receive proper care and safeguard your rights to pursue compensation:
- Call 911 — After moving to a secure location, call 911 and report the crash. Insurance companies and the courts will require the official police report when you initiate legal action.
- Seek Medical Assistance — Request medical assistance and have yourself medically evaluated, even if you feel fine. Not all injuries become evident immediately. Also, regarding future legal disputes, documentation of your injuries becomes vital.
- Exchange Information — Exchange information with the truck driver and other motorists involved, if any. This includes their name, contact details, license number, truck company, and insurance information. Obtain details from witnesses as well.
- Document the Accident Scene — Take photos and videos of the accident scene, documenting the damage to the vehicles, skid marks, damaged lights, surrounding debris, the weather, and other relevant details. Take shots from different perspectives.
- Do Not Admit Fault — When talking with the police, simply state the facts and don’t make any assumptions. Never say sorry to other parties, as it could be construed as an admission of guilt. Avoid lengthy discussions, as you can say something damaging to your case.
- Report to Your Insurance Provider — Be careful not to accept their initial settlement offer or agree to make a recorded statement. Be legally represented, and have all communication with them handled by your lawyer.
- Speak with Tractor-Trailer Accident Lawyers — Our team can help you prevent insurance providers from undervaluing your claim. We are prepared to take your case to court if necessary to pursue fair compensation based on your specific circumstances.
What Is The Deadline For Filing Tractor-Trailer Accident Claims In California?
If you’re a victim of a tractor-trailer crash, you must initiate legal action promptly. You have a limited amount of time to file your claim within California’s statute of limitations, which sets the deadline for bringing claims. Generally, personal injury victims have two years from the date of the accident or the discovery of injuries to submit a claim. In most cases, the courts will dismiss a claim or tractor-trailer accident lawsuit for damage or wrongful death once the time frame has passed.
Don’t hesitate to act following a traffic incident, as filing at the last minute significantly weakens your claim. The defense and the jury may question you for waiting so long to bring up a claim. As your memory fades, your ability to factually recall what happened may become unreliable, while the necessary evidence may get lost or destroyed.
Certain exceptions exist, and the time frame extends to three years when you’re filing for property damages. However, when a government vehicle is involved, you’re only given six months to file an administrative claim. California tractor-trailer accident lawyers at Arash Law can assist you in managing the documentation and deadlines involved in your case.
How Long Does It Take To Settle Tractor-Trailer Accident Claims?
Since tractor-trailer accident cases are incredibly complex compared to collision claims involving smaller passenger cars, they take longer to settle. These claims can take anywhere from six months to several years to resolve on average. Among other things, how many vehicles are involved, how serious your injuries are, and if the truck firm is accepting liability will all affect how long your case will take. Your tractor-trailer accident attorneys will be with you throughout the entire legal battle.
Tractor-Trailer Accident Statistics In California
The Federal Highway Administration (FHWA) reveals that California, with 386,604 miles of Interstate freeways, highways, and other minor roadways, is second to Texas in total lane miles in the whole country. This came as no surprise, as the state is a significant commercial center, managing a large portion of the consumer goods supplied across the US. Although this is beneficial for our state’s economy, it does put regular commuters at risk for sharing the road with large trucks, increasing the chance of accidents.
According to the data from the National Safety Council Injury Facts:
- In 2021, 5,700 tractor-trailers and other types of trucks were involved in fatal crashes in the US, an 18% increase from the previous year.
- A total of 5,788 people were killed, a 17% increase.
- Of all fatalities, 72% were occupants of other vehicles, 17% were truck occupants, and 11% were non-occupants, including bicyclists and pedestrians.
- California is behind Texas (806 deaths) as the state with the most deaths from these accidents, with 437 fatalities.
- Most of the deaths, 328 or 75%, were occupants of other vehicles, while 61 or 14% were non-occupants and 48 or 11% were truck occupants.
When you consider the real impact on people’s lives, you can see how our tractor-trailer accident attorneys focus on helping victims and their families pursue compensation for their injuries and losses. If you are a victim, our team can help you understand your options for seeking damages.
Call Our Tractor-Trailer Accident Lawyers In California
Were you injured in a tractor-trailer collision? Our California tractor-trailer accident lawyers can assist you with the legal process. We help clients understand their options and pursue compensation for injuries and losses.
You can schedule a free initial consultation by calling us at (888) 488-1391 or by completing our contact form. Whether you’re in Los Angeles, Sacramento, San Diego, San Jose, San Francisco, Oakland, Fresno, Riverside, Kern, Orange, Stanislaus, or anywhere else in CA, we can represent you.
