California Truck Accident Lawyers
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Win Against the Road Giants – Let Arash Law’s California Truck Accident Lawyers Secure Your Fair Compensation!
Large trucks look intimidating when you encounter them on the road. The truck companies are even more so when you demand settlements after getting into an accident involving one. Our truck accident lawyers are committed to helping you navigate the complicated nature of your situation and confront these big companies. Contact us at (888) 488-1391 for a free, no-obligation consultation and get compensation for your injuries and losses.
Facing the aftermath of an accident can be more daunting when it involves larger vehicles like trucks. The injuries or loss of life, the suffering and emotional trauma, and the loss of income – your rights to recover damages should extend beyond these losses. With over $500 Million in settlements recovered for our clients, Arash Law only has one goal: securing your future by getting you fairly compensated. And we will reach that goal no matter what.
Since several factors are at play in a truck accident, going after the negligent parties and proving their liability can get more complex than in typical car accidents. Our California truck accident attorneys at Arash Law, with their invaluable expertise, understand this well. You deserve a fair settlement for dealing with the consequences of someone else’s negligence; now, let us help. We work on a contingency fee basis, so we won’t get paid until you do.
Why You Need California Truck Accident Lawyers
Hiring a lawyer for every injury case may seem inconvenient. Regardless, you will need personal injury attorneys, like our trusted truck accident lawyers in California, to make an informed decision. This is especially true when dealing with the complexity of a truck accident.
Specific laws and regulations govern the trucking industry, including rules on hours of service, licensing, and permits. As such, you need attorneys who specialize in the complicated legal landscape of truck accidents and personal injuries.
Additionally, determining liability is a challenging task for someone with little to no experience in injury law. You’ll have to analyze different pieces of evidence to learn who’s responsible for paying you. Again, you’ll have to know the applicable laws that could hold them accountable.
With qualified truck accident attorneys, you won’t have to worry about these issues. Our legal team is knowledgeable and highly experienced in resolving traffic collision cases involving trucks, including big rigs, and more.
Hurt in a Truck Accident?
What Can Our Truck Accident Lawyers Do For You?
Dedicated California truck accident lawyers do not only fight for injured individuals or families of deceased victims in obtaining financial recoveries. They also ensure the amount is fair and just, covering both their present and future needs.
Arash Khorsandi, Esq., and his team of California truck accident attorneys have the experience and expertise to create a comprehensive legal strategy that will get you compensated. More importantly, they have the compassion to pursue your claim on your behalf so you can focus on recovering from sustaining injuries or losing a loved one.
Here are some things we can help you with if you are a victim of a truck accident:
Assessing The Full Extent Of Your Losses To Maximize Compensation
Truck accidents carry a greater risk of serious injury or death for the victims than car accidents. Expert truck accident lawyers will assess the severity of your injuries with medical experts to determine the most favorable compensation that covers all your damages and losses.
After your accident, you may face hospitalizations, possible surgeries, costly rehabilitation, property damage, lost income, and emotional trauma. We will evaluate the expenses you have incurred and may accrue as you deal with the long-term effects of your injuries. A compelling case establishing liability will be made using all this relevant information.
Building Up Your Case And Helping Establish Liability
Qualified California truck accident lawyers will build a strong case for you with their deep understanding of the complex trucking regulations running the industry. They can identify regulatory violations that may have contributed to the accident by consulting with reconstruction experts and forensic specialists. Evidence such as black box data or driver’s logbooks will be meticulously gathered to prove these violations.
Now, as they identify all potential at-fault entities, they will also assess their degrees of responsibility, which may entail higher compensation. Our truck accident lawyers will build a compelling case to establish liability, which we will also use as leverage in negotiations with the insurance companies for a just settlement.
Negotiating With Powerful Insurance Companies For A Fair Settlement
A thriving industry like the trucking sector, generating $940.8 billion in the United States in 2022, involves many entities. Thus, you can expect many accident experts and legal counsel to represent you during negotiations and litigation with claimants. They will fight tooth and nail to reduce your damages and minimize your injury, giving you the lowest settlement possible.
We at Arash Law know what we are up against. Prepared to take on them on your behalf, our California truck accident lawyers are skilled at aggressively yet tactfully negotiating with the insurers. Our litigation attorneys will gladly represent you in court if necessary.
Providing Legal Representation In Court If Insurance Companies Refuse To Settle
Filing a lawsuit in court could be the last resort if the insurance company continues to give you the runaround. This may sound daunting, but expert California truck accident attorneys know how to build a compelling case to get favorable results.
Being well-versed in truck accident laws, they know exactly how the legal process unfolds. Their experience allows them to determine which strategies to use and how best to leverage them for their clients. They can see behind the insurer’s intentions to ensure your rights are safeguarded.
Truck accidents are our specialty, and we represent injured clients nationwide. Our truck accident attorneys will explain your rights and help you understand your legal options while building your case. We are prepared to present a strong claim to insurance adjusters or the court if necessary.
You need to physically and mentally recover during this difficult time. But you don’t have to recover alone. Let us handle your battle with the insurance companies.
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
Common Types Of Trucks Seen On California Roads
Here are the different types of trucks we see on the roads that could pose a huge risk to other motorists and pedestrians:
- Big Rigs – Sometimes referred to as 18-wheelers, semi-tractors, or tractor-trailers, big rigs are generally commercial units that haul different types of cargo, which can become extremely heavy and hard to control.
- Tractor Units – Also called bobtail trucks, tractor units refer to the front portion of semi-trucks where the engine and driver cabin are located. Although they are more often seen with a cargo trailer or a flatbed, tractor units are still a common sight across California. Even without a trailer, they can still cause serious damage in an accident.
- Tankers – These types of trucks typically carry flammable liquids and hazardous chemicals, such as gasoline and radioactive compounds. Besides the sheer weight and size of these trucks, what they carry can increase damages in case an accident happens.
- Delivery Trucks – These vehicles carry packages from retailers like Amazon, which are often unsecured for ease of distribution. Because of that, they might move around within the trailer, causing weight imbalances.
- Utility Trucks – From garbage to fire trucks, these massive vehicles often have access to every road and highway to serve a community. These vehicles are owned by city, state, or federal agencies, which complicates accident cases involving them.
Some individuals, even members of the media, often interchange these terms when referring to trucks. As such, victims could get confused and use the wrong terms when describing collisions. However, knowing the type of truck involved can help our truck accident attorneys better understand the situation and get an idea of where to start investigating.
Common Types Of Truck Accidents
Large trucks are operated differently than smaller vehicles. Since they have larger turning radiuses and slower stopping speeds, they are more prone to rolling over. Terrible accidents can easily occur when drivers receive insufficient training, lack the necessary skills, and do not properly maintain their vehicles.
Our truck accident lawyers have identified the following types of truck collisions and their potential causes:
- Jackknife – This accident occurs when the trailer swings outward to form a “jackknife” shape with the cab, sometimes forming a 90-degree angle. A jackknife incident could further lead to a truck skidding uncontrollably or flipping. Without proper training and skills to brake properly, a driver can slam on the brakes too hard, causing a truck to jackknife.
- Rollover – A big rig weighing up to 80,000 pounds can easily cause a rollover. It can fall on its sides if the driver loses control, collides with other cars or barriers, or goes off the road. A truck that rolls over can crush smaller vehicles and cause pileups on the road.
- Tire blowout – Blowouts on the highway can be due to poor vehicle maintenance, old tires, or defective tires. In such situations, the truck may lose control. As a result, the large vehicle may swerve between lanes or head into oncoming traffic.
- Rear-end collision – Because trucks take longer to stop than passenger cars, truck drivers must give themselves more space during a traffic stop. Truck drivers who are distracted, irresponsible, or reckless may not brake in time, resulting in a collision with the vehicle in front of them. People riding in the other vehicle are at high risk of injury since they take the brunt of the impact.
- Unsafe load – A hazardous load results from sloppy loading and disregarding federal cargo securement standards. This leads to unbalanced or overweight trucks, another potential cause for a rollover. Loose cargo caused by improper tie-downs on an open truck also poses a serious hazard as it can fall off and hit nearby vehicles.
- Wide-turn accident – Compared to small cars, big vehicles require enough space to turn, but it can get dangerous if truck drivers can’t estimate the space they need. They may collide with vehicles traveling beside them or attempting to pass them. Typically, this accident happens because of a driver’s inexperience or lack of training.
- Blind spot accidents – Known as “No Zones,” these are areas on the back, sides, and front of trucks where the driver can’t see. Truck drivers who don’t exercise care when changing lanes or using signals to communicate with other road users could cause a collision.
- Underride collisions – Smaller cars that collide with big trucks could sometimes slide under their trailers. These incidents usually occur when a truck suddenly brakes or unsafely merges into another lane while the other cars have no time to stop.
- Head-on collisions – These are among the deadliest road accidents. They’re even more devastating if they occur between two vehicles of vastly different sizes and weights, such as a truck and a sedan. The occupants of the smaller cars are more at risk of severe injuries and deaths. Such incidents typically happen when a truck driver drives the wrong way.
There can be other types of truck accidents, each with its unique circumstances. Our trusted truck accident lawyers ensure that the particular nature of your case is well understood. It doesn’t matter how complicated the issue is. We can help you win it.
What Are Some Of The Most Common Causes Of Truck Accidents?
Our truck accident lawyers have seen the following as common causes of trucking incidents on the road:
Speeding
On California’s highways, truck drivers are limited to 55 miles per hour, but they are expected to go even slower in poor weather conditions to avoid accidents. If a trucker drives too fast, they might lose control of their vehicles and collide with other motorists or pedestrians on the road.
Also, speeding drivers might not have enough time to brake or react properly to traffic conditions. Increased speeds also increase the time it takes to stop safely, so even if they step on the brake at the right time, the momentum might push them further than necessary, causing a collision.
Impaired Driving
Alcohol consumption and drug use slow down the activity of the brain, impairing the senses and preventing truck drivers from performing their duties well. Taking these substances can lead to reduced reaction times, blurred vision, and a greater likelihood of aggressive behaviors. Drunk and drugged driving also causes overconfidence, which can manifest through speeding.
In California, the Department of Motor Vehicles (DMV) has strict rules on drunk driving. For commercial driver’s license holders, the blood alcohol content (BAC) threshold is 0.04%, as opposed to 0.08% for regular drivers.
Driver Fatigue
Truckers usually spend long hours on the road, especially when they drive interstate. Although most commercial trucks have sleeper cabs and federal regulations on work hours exist, some truckers choose to forego proper rest to finish the job faster. Most of the time, their companies incentivize them to do so.
Aside from disrupting sleep, a monotonous environment can also cause drowsy driving. This typically happens to truckers traveling on a long stretch of road with little to see.
What makes fatigue so dangerous is that it’s similar to being under the influence of alcohol or drugs. Both states lead to impaired senses and decision-making skills. Drowsy drivers might:
- Accidentally drift off into other lanes
- Have difficulty maintaining speed
- Be unable to react properly to obstacles and hazards
If driver fatigue contributes to your accident, our truck accident lawyers will check if the driver is violating hours of service laws. We will check their log books and black boxes to see how long they were driving, whether they took a rest as mandated, and whether there are discrepancies.
Inexperience And Lack Of Proper Training
Operating a big rig is different from driving a sedan or SUV. Trucks are larger and heavier, requiring more advanced driving skills. At the very least, truckers must know how to accurately assess their position in relation to other objects, consider their big blind spots when maneuvering, and stop safely in various road conditions. That’s why truck drivers must have proper and continuous training from their employers.
Unfortunately, many companies want to gain more profit, so they cut corners with training and let their truckers drive without much experience. Without the right skills, truck drivers could make mistakes that cost someone’s life.
Aggressive Driving
Aggression may stem from stress and the time pressures of working in the trucking industry. Alcohol intake and drug use might also increase the likelihood of aggressive driving, which includes behaviors like:
- Tailgating
- Honking excessively
- Lane blocking
- Running red lights
- Cutting other drivers off
- Refusing to yield the right-of-way
Truckers who display these aggressive behaviors are more likely to lose control of their massive vehicles, resulting in collisions.
Distracted Driving
Many truck drivers seek distractions in order to stimulate their minds to avoid falling asleep behind the wheel. They listen to the radio, scroll through social media, play videos on their phones, or text and call while driving. However, distractions take away the focus needed for driving safely.
Additionally, heavy trucks are harder to control than small cars. Mere seconds of inattention cause drivers to lose control and crash into other cars.
There are many ways to prove that a driver was negligent by being distracted, such as using eyewitness accounts or CCTV footage. Our truck accident attorneys can also request analytics of the trucker’s phone to see whether they were using it at the time of the accident.
Overloaded & Loose Cargo
For large trucks, California has a weight limit of 80,000 pounds, including the weight of cargo. Trailers with one set of wheels (single-axles) are only allowed to carry 20,000 pounds, while trailers with two sets of wheels (double-axles) have a limit of 34,000 pounds, provided they are equipped with proper tire weight capacity ratings.
However, some companies overload their trucks to minimize trips and meet deadlines. This practice can put the vehicles out of balance. The added weight also puts more pressure on vehicle parts, like the tires and brakes, leading to premature wear and tear. If these parts fail while the truck is moving, a collision becomes inevitable.
Not to mention, heavier trucks are much harder for the driver to maneuver properly, increasing the chance of rollovers. Uneven cargo distribution can make handling underloaded trucks even more challenging. Loose freight may constantly move inside the trailer, causing the vehicle’s balance to shift. They can also fall off and hit other vehicles or pedestrians.
Mechanical Failure
Mechanical problems can occur in even well-maintained trucks. So what happens if truckers and trucking companies do not take proper care of their vehicles? Improper maintenance increases the risk of tire blowouts, brake failures, defective safety devices, and faulty steering wheels. When these issues arise while the truck is on the road, accidents might occur.
Inclement Weather Conditions
Heavy rain can make roads slippery, especially during the first few minutes when the accumulated oil on pavements is washed away by rainwater, creating a slick surface. Because there is less traction, truckers could easily lose control of their massive vehicles. That’s why they must properly adjust their speed or, if possible, safely pull over on the side of the road. They are also encouraged to use their blinkers to communicate with other motorists on the road.
Truckers must always be prepared for moments of rain, snow, and fog. If they’re traveling interstate, they should study the potential weather-related risks they might encounter along the way. Our lawyers for truck accident victims know how to look at these seemingly minute details to determine what exactly caused your crash and injuries.
What To Do After A Truck Accident In California
Here are the steps our truck accident lawyers encourage you to take to help you protect your well-being and legal rights:
- Do not leave the scene and call the police right away.
The police’s duties at the scene of an accident include directing traffic, clearing the scene of debris, and assisting any injured parties. As a neutral party, their investigation reports also add credibility to your case and will be crucial in proving negligence.
Don’t admit fault or guilt, but cooperate fully with law enforcement. Lastly, stay at the scene until instructed otherwise to avoid legal repercussions.
The California Vehicle Code also requires drivers to report accidents involving death or injury within 24 hours. If the local police are not present at the scene, make sure to go to the DMV to file a report.
- Contact emergency responders and immediately seek medical attention.
Even if you think you were uninjured after a truck accident, let the emergency personnel examine you. The adrenaline rush and shock may make it difficult to assess the full extent of your injuries. Some injuries may even appear days later. Only a medical examination can detect health issues before they become noticeable.
Records of medical visits, diagnosis, treatment, medications, and related expenses are valuable for building a strong case. Insurance companies and courts could assume the victims weren’t really harmed if they didn’t seek medical attention. This leads to inadequate compensation. So make sure you keep all of them so that our truck accident lawyers can use them to reinforce your case.
- Move vehicles to the shoulder of the road if possible.
Truck accidents almost always cause obstructions on the road, leading to traffic congestion. If it is possible and safe to do so, move your vehicle to the shoulder and turn on your hazard lights to alert other motorists. This can prevent further accidents.
In some cases, including collisions involving severe damages and injuries or when instructed otherwise by law enforcement, moving the vehicles may not be possible or safe. Follow the instructions of emergency responders in these situations.
At this point, you may not be considering filing a truck accident claim, as ensuring your safety and that of others is paramount. Still, it is vital to know the steps in filing a claim and to go through with it as soon as possible.
If you need help understanding your legal rights and the process of filing a claim, consult our truck accident lawyers immediately. We’ll explain everything you need to know and answer your questions.
How To File A Truck Accident Claim In California
After ensuring you and others involved in a truck accident are safe, you can start gathering and preserving evidence, a step crucial in filing a claim. You must obtain information from other parties and witnesses respectfully, document the scene and your injuries through photos and videos, notify your insurer, and contact a California truck accident attorney.
- Gather information from the other drivers involved.
Whenever possible, exchange all necessary information with the other drivers involved in the crash. This includes each party’s name, contact number, license number, plate number, insurance provider, and policy number. To facilitate a smooth resolution, remember to exchange information respectfully and cooperatively. - Take photos and videos of the scene if you are able.
Take as many pictures and videos as possible, documenting the state of your car, the other vehicles involved, any nearby objects like skid marks and guardrails, and even conversations or interactions with other people. Take a comprehensive view from different angles.
Visual evidence can be useful in reconstructing accidents to reveal what truly happened. However, when taking photos and videos, be respectful and considerate, prioritizing your safety as well as that of those around you. - Take photos of your injuries.
Take pictures of the injuries you or others have sustained accurately and thoroughly. This is one essential way to document the damages you have incurred. Pictures of your injuries can greatly impact how the insurance company or the court perceives how you suffered from the accident.
- Obtain witness testimonies.
Memories may become distorted after a truck accident, so all parties may not fully remember how it happened. Worse, the other driver may intentionally blame you even if you’re entirely blameless.Witness statements can corroborate the injured party’s account in a personal injury case, demonstrating to the court that the victim was not at fault. When an accident occurs, many individuals are usually around to help out. Exchange as much information as you can with them, and ask if you can contact them later for help in your case.
- Notify your insurance provider about the accident.
It’s best to contact your insurance company as soon as possible after the incident. Don’t feel obligated to provide any official or recorded statements right away. They may coerce you into admitting fault, which could negatively impact your financial recovery. Remember, neither accept responsibility nor agree to pay the other driver any money. - Make sure you keep a journal.
Keeping a journal after an accident has its benefits. Injuries sustained in truck accidents that often require extensive medical care take a long time to heal, and the initial pain may be forgotten. A journal will help you remember every thought and emotion you have. Keeping track of how long it took you to recover after an accident is crucial evidence for any personal injury claim. - Contact the skilled California truck accident lawyers at Arash Law.
Make sure our compassionate yet fierce California truck accident attorneys are beside you as you move toward financial recovery after an accident. Our personal injury lawyers at Arash Law go beyond finding simple and quick settlements. They identify all liable parties and aim to get you the most money back.
What Not To Do After A Truck Accident
Certain actions can negatively impact your personal injury claim after a truck accident. Here are some important things to keep in mind to protect your claim:
- Avoid apologizing. You may want to apologize simply to express how sorry you are for the accident, and that’s normal. Resist the urge, however. Insurers will turn that apology into an acceptance of guilt on your end, using it against your claim.
- Avoid making assumptions. Let the law enforcement and the experienced truck accident lawyers California residents rely on to speculate about how the accident happened. Just like apologizing, guessing about what occurred can damage your chances of recovering compensation. When questioned by authorities, simply provide the things you know as facts and don’t offer your opinions or thoughts.
- Avoid discussing the accident. You can talk about the accident to your family and friends but not to those involved. Negligent parties, such as the trucking company, may try to contact victims privately to settle. Refrain from discussing anything with them, as it will only hurt your claim.
- Avoid posting on social media. The urge these days to post everything on social media can be overwhelming to some. But this is one essential thing to avoid if you’ve been in a truck accident. If you claim to be badly injured but post pictures of a previous fun night out, the insurance adjusters can use such posts as evidence against your claim. Simply don’t post information about the accident online.
- Avoid disregarding your doctor’s advice. Personal injury lawsuits are filed to seek compensation and benefits for injured parties. If you don’t do everything on your part to recover, the court may determine you aren’t seriously injured or don’t need compensation for treatment. Always listen to your doctor’s advice and follow any treatment recommendations they make after a truck accident.
How Is A Truck Accident Different From A Car Accident?
Because trucks are larger than cars, truck accidents are more likely to result in serious injuries and deaths. Due to increased regulation, multiple parties may be liable, requiring an in-depth investigation. Compensation can also be increased, which in turn makes insurance companies fight harder against your claim. Rest assured that our experienced California truck accident lawyers will fight for you during the entire process.
Specifically, truck accidents differ from car accidents in the following ways:
Severe Injuries Or Death Is More Likely
A truck like an 18-wheeler can weigh up to 80,000 pounds. If it collides with a car, motorcycle, bicycle, or even a pedestrian, there are higher chances of catastrophic injuries or even death to the smaller vehicle’s occupants due to the greater momentum and force of impact.
Survivors will probably end up with moderate to major injuries, including:
- Traumatic brain injuries. Brain injuries are devastating as they can cause brain damage, interfering with the victim’s ability to work or simply enjoy life.
- Neck and back injuries. A mild neck injury can lead to whiplash, which is temporary but painful. A severe one can lead to permanent paralysis.
- Spinal cord injuries. An injury to the spinal cord can be severely damaging to the victim, often resulting in paralysis below the injury site.
- Amputations. Traumatic amputation, whether of a fingertip or an entire limb, changes life. Even with reattachment, the part may never work properly. In any case, the victim must learn how to live without a finger, toe, arm, or leg.
- Internal organ damage. Internal injuries can range from mild bruising that could heal by itself to a ruptured spleen that may need immediate surgery.
- Broken bones. These injuries are extremely painful and can cause extensive problems in the long run.
- Lacerations. Cuts can be severe enough to leave scars or even require surgery.
- Burns. If a collision leads to an explosion, fire or excessive heat might damage the skin. Not only are burns painful, but they also need time to heal and can cause physical and emotional scarring.
- Wrongful death. The demise of the victim is one of the worst things that could happen in a truck accident. With the help of the award-winning truck accident attorneys California turns to, a wrongful death claim can be filed against the negligent party(ies) by the victim’s legal heirs.
A Set Of Stricter Federal Regulations Is Followed
What are the California laws for truckers? To ensure safety, truck drivers and trucking companies must comply with strict regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Breaking these guidelines contributes to or even causes truck accidents. Some of these guidelines, which our truck accident attorneys are well-versed in, include:
- Rules on Service Hours. The FMCSA limits the number of hours truck drivers can drive each workday to 11 hours. Truckers can only drive for 60 hours in a seven-day work week and 70 hours in an eight-day work week. They must also take rest breaks during their trips to avoid sleepy driving. These rest breaks must be regularly recorded in a logbook. They should also not drive with a blood alcohol concentration exceeding 0.04%.
- Qualifications. Trucking companies are responsible for ensuring the drivers they hire are fully licensed and qualified to drive big rigs, dump trucks, and other huge vehicles.
- Medical Certification. Passing a medical exam and getting a medical certificate proving physical and mental fitness are prerequisites for truck drivers. Renewal of this certification is required every two years.
- Maintenance and Regular Inspections. Regularly inspecting, maintaining, and repairing trucks is an important part of trucking operations and is the responsibility of truckers and trucking companies.
Multiple Parties Could Be Liable
In a typical car crash involving only two motorists, negligence can fall on one or both. In a truck collision, there could be multiple entities at fault. While this could lead to several avenues for compensation, proving their negligence can easily get more complicated. Proving negligence using hard evidence is something our truck accident lawyers have done time and time again.
Among the many parties involved in a truck’s operation that may be liable are:
- Truck drivers. Accidents are often caused by truck drivers’ carelessness, such as speeding, drunk driving, texting, or disobeying the law. A higher standard is set for these drivers, as trucks are more difficult to operate than regular cars. It can be fatal to ignore even the most basic of these differences.
- Truck companies or operators. The trucking company could be held accountable after a truck accident. Failing to regularly maintain the vehicle, employing an incompetent driver, and breaking hours of service rules are all forms of negligence on their part.
- Truck maintenance and repair shops. Trucking companies commonly outsource truck maintenance and repairs to specialized facilities. If faulty maintenance or repairs cause an accident, they can be liable.
- Truck manufacturers and parts suppliers. The manufacturer of the truck or its components might be liable for damages if a defective part contributed to the crash. These vehicles are more prone to wear and tear as they have more moving parts and are on the road longer.
- Any party in charge of loading the cargo. An accident caused by not securing the cargo loading could mean that the shipping company could also be responsible for compensating the victims.
A More Thorough Investigation Is Needed
Due to the possibility of multiple causes, violations of federal regulations, and multiple accountable parties, truck accidents are tougher to investigate.
The evidence needed for the case can range from physical clues, photos or videos, and witnesses’ testimonies–all typical of a car accident–to truck driver’s logs, screening records, truck company hiring, maintenance reports, cargo loading manifests, electronic logging devices (ELDs), and the black box data.
Also, liable parties rarely admit fault despite clear liability. Our lawyers for truck accidents will prove their fault with a thorough investigation. We will gather key pieces of evidence that establish their negligence. Evidence can get destroyed or lost over time, so we encourage victims to consult with our truck accident lawyers as soon as possible to preserve proof.
Larger Settlements Are Possible
The severity of truck accidents means that victims might be entitled to higher compensation than those involved in other types of accidents. However, this will likely result in insurance companies disputing the claims or offering an unfair settlement, increasing the time and effort involved.
With reliable California truck accident lawyers, you can get full financial recovery despite the power imbalance brought by facing giant truck companies and insurance adjusters. Don’t expect them to give away money. The only way you can make them take your case seriously is when experienced California truck accident lawyers level the playing field.
How To Prove Your Truck Accident Case
If the accident was not your fault, and you know it, another person’s negligence must be demonstrated in either an insurance claim or a court of law. In cases of personal injury arising from vehicle collisions, four factors establish negligence. A victim of a truck crash, through the help of our skilled California truck accident lawyers, must demonstrate the following:
- A duty of care to drive sensibly and safely was owed to you by the truck driver or other liable parties.
- That duty of care was violated or breached by the defendant.
- You or your loved one sustained injuries due to the careless act.
- Due to the injuries, you or your loved one suffered losses and damages.
Gathering Evidence For Your Case
Our truck accident lawyers will diligently collect important documents and witness testimonies to support your claim. The evidence we’d gather will help prove the negligence of other parties and substantiate the amount you’re entitled to.
Among the most important pieces of evidence that can help your claim are police reports and medical records.
To get a police report, you must contact the relevant law enforcement agency that responded to the accident. It could be the California Highway Patrol (CHP) or local police departments. Check their websites and follow the process for requesting a copy.
Getting a medical record follows the same steps as getting a police report. Identify the healthcare provider who treated your injuries, and then submit a formal request for a copy.
Our law firm can also help you gather the following crucial pieces of evidence:
- CCTV footage
- Dashcam footage
- Black box data
- Eyewitness testimonies
If you’re having trouble acquiring any of these pieces of evidence, our truck accident lawyers can procure them for you.
How Much Is A Truck Accident Case Worth In California – What Damages Can I Recover?
You may wonder how much you are entitled to in a personal injury claim. The settlement amount for every case is different, depending on the specifics of the situation. However, our trusted lawyers for truck accident cases will estimate and pursue the highest compensation possible after thoroughly investigating your case. But they cannot guarantee a particular amount, regardless of how strong your claim is.
Even so, some things are standard in most truck accident cases, particularly the type of damages victims can recover–economic and non-economic damages:
- Economic Damages – These losses are measurable, proven with bills and receipts, and are generally fully reimbursed. These include:
- Medical expenses – Hospital bills, ambulance fees, ongoing and future medical care like physical therapy, doctor’s visits and appointments, and rehabilitation expenses
- Loss of earnings or income – Loss of benefits and loss of earning potential
- Property damage – Vehicle repairs and replacement
- Additional economic damages – Costs related to home care, domestic help, child care, and home or vehicle modifications
- Non-Economic Damages – Calculating these losses gets tricky as they include things not easily measurable, such as:
- Pain and suffering – The emotional and psychological consequences of the accidents and injuries sustained can be just as catastrophic.
- Loss of quality of life – Injuries that incapacitate you can make it hard to enjoy life as much as you used to.
- Loss of consortium – An injured spouse may be unable to provide their partner with the love, services, or support they provided before the accident.
- Punitive Damages – These damages can be pursued when the at-fault party acted with willful disregard for the rights of others and was intentionally reckless. By imposing punitive damages, an injured party is punished and prevented from causing further injuries.
Our California truck accident lawyers at Arash Law are skilled at evaluating the full range of potential damages for injured victims. They shall do everything in their power to get the best possible settlement for you.
When To Consult Our Lawyers
Contact the top-rated truck accident lawyers California trusts as soon as possible after a truck collision. In addition to determining whether you have a valid case, they can assure that your right to compensation is protected and fought for.
Here are other important reasons why you should contact Arash Law immediately:
- Some pieces of evidence could go missing, either due to natural causes or intentional acts.
- The other parties might take advantage of you during the period when you don’t have legal representation.
- Filing a personal injury claim has a deadline.
What Is The Deadline For Filing A Truck Accident Claim In California?
One of the most common questions victims have is, “What is the statute of limitations on a truck accident in California?” The statute of limitations governs how long you must file a personal injury lawsuit and claim damages from the at-fault party after an accident. In California, the time limit is two years from the date of the injury.
For property damage claims, you have three years from the date of your truck accident. A claim against the government for road defects such as potholes and uneven pavements must be submitted within six months.
Remember, you may forever lose your chance to claim damages for a truck accident after the time limit. The courts, with very few exceptions, may extend the deadlines. Still, seek good legal counsel from our California truck accident lawyers at Arash Law without delay.
How To Choose The Right Lawyer
Before choosing a truck accident lawyer, consider their expertise, experience, resources, communication, and testimonies from former clients. It’s important to think about them carefully. So you may want to keep the following things in mind when making your decision:
- Professional Knowledge. The best truck accident attorneys California depend on have an in-depth comprehension of all the trucking regulations, the difficulties in establishing liabilities, and the technicalities involved in this type of accident.
- Vast Resources. To conduct a deep investigation and effectively present your case to the insurance adjusters or court, California truck accident attorneys should be able to access a broad network of experts and resources.
- Extensive Experience. When searching for a lawyer, look for someone with a lot of experience managing truck accident cases. They should be able to demonstrate a history of accomplishment in securing beneficial results for their clients.
- Effective Communication. Communication is essential, and you should look for California truck accident lawyers who maintain an open line of communication with you at all times, ensuring you are kept up to date and that your concerns are heard and addressed. Find the best California truck accident attorneys who truly listen.
- Client Testimonies. You can already get a sense of the lawyer’s track record and reputation, including the level of client satisfaction, by reading reviews and testimonials provided by prior clients.
Remember, competent California truck accident lawyers can be the difference between securing fair compensation and receiving the least amount or nothing at all. So choose wisely.
Arash Law is considered one of California’s most respected and biggest personal injury law firms. Over $500 Million in financial restitution has been collected for accident victims who needed help regaining control of their lives after a truck accident.
California Truck Accident Statistics
How common are trucking accidents? The National Safety Council Injury Facts said that 5,700 trucks were in fatal crashes in the United States in 2021, an 18% increase from 2020. Around 5,788 people died as a result, which was 17% higher than the previous year. About 72% of all deaths were occupants of other vehicles, 17% were truck occupants, and 11% were non-occupants, primarily pedestrians and bicyclists.
A total of 117,300 trucks were involved in injury crashes, showing a growth of 12% compared to 2020. These cases resulted in 155,000 injuries, a 5% increase. The majority were other vehicle occupants (71%), followed by truck occupants (27%) and non-occupants (2%).
Specifically, how many truck accidents are there in California? The Golden State is second among the states with the most deaths from these truck crashes (437), behind Texas (806). The majority of fatalities, 328 (75%), were other vehicle occupants. Meanwhile, 61 (14%) were non-occupants, and 48 (11%) were truck occupants. Around 416 large trucks were involved in these incidents, or 7% of all vehicles involved in fatal crashes.
How Much Does Hiring California Truck Accident Lawyers Cost?
It is common for truck accident lawyers to work on a contingency fee basis, meaning they get paid only if they successfully recover compensation on your behalf. The contingency fee is normally calculated as a percentage of the recovered amount. To ensure that you fully know the financial arrangements, you must talk to the lawyer during your initial appointment about fee structures and any additional expenses.
It will cost you nothing to speak with one of our proficient California truck accident lawyers. We offer a free consultation to discuss the details of your case, and you are under no obligation to hire us afterward. During this conversation, you will learn whether your claim is viable and what you can do to prepare for and after filing it. Known as one of the state’s biggest personal injury law firms, Arash Law has the best truck accident lawyers California relies on. You can be sure you’re in good hands.
Frequently Asked Questions
What Is The Average Truck Accident Settlement In California?
Settlement amounts in truck accidents vary from case to case. That’s why it’s hard to say what average compensation victims get.
The following factors typically determine a truck accident settlement:
- The injuries you sustained and their severity – Victims with more severe injuries are more likely to obtain higher compensation.
- Medical bills and estimated future costs – Severe injuries will require more extensive treatments and rehabilitation, which should be covered in the settlement.
- Level of fault – Victims can sometimes share liability in a case. Since California is a pure comparative negligence state, the victim’s compensation will be decreased according to their percentage of fault. For example, if the plaintiff were found to be 10% at fault, the settlement award would then be reduced by 10% as well.
Our truck accident attorneys have handled cases where our clients were awarded millions of dollars in damages. We always advocate for the highest and most favorable compensation to ensure our clients can finally move forward from the traumatic event they endured.
What Is The Largest Trucking Settlement?
The largest trucking accident settlement in the United States amounted to $281 million. It was awarded to the family of the late Carlos Aguilar, an Army veteran who died after a tractor-trailer’s drive shaft broke off from the truck. The truck piece went through the victim’s windshield, killing him.
Are Trucks Safer Than Cars In An Accident?
In a sense, trucks are safer than cars in an accident. In a collision between a car and a truck, the car’s occupants are often the ones who suffer the most severe injuries or fatalities. Data also seems to back up this data. According to the NSC, the majority of deaths in truck crashes are occupants of other vehicles, followed by truck occupants. Regardless, truck accidents often lead to life-altering injuries and deaths for the occupants of both vehicles.
What Are The Most Unsafe Trucks?
Semi-trucks or 18-wheelers are one of the most unsafe types of trucks for a couple of reasons. For one, they have the capacity to weigh up to 80,000 pounds when fully loaded. In some cases, trucking companies would increase the load for more profit, making them harder to control and more prone to accidents like rollovers. Additionally, they can include two or more parts connected by a coupling. There are instances when the trailers separate from the cab if they are not attached properly.
Besides semi-trucks, tankers are also deemed dangerous, often because of what they carry. These trucks are generally used to haul flammable materials.
How Many Accidents A Year Are Caused By Semi Trucks?
According to the FMCSA, semi-trucks account for 53% of all large trucks involved in fatal accidents. This number is unsurprising since semi-trucks are among the most common trucks in California. Nevertheless, the statistics are still alarming. If you or a loved one is a victim of a negligent semi-truck driver, let us represent you at the negotiation table or in front of a judge or jury.
What Happens When A Truck Driver Has An Accident In California?
Truck drivers must stop immediately, help injured parties, and exchange information with them if they cause an accident. In addition, they must contact law enforcement, especially if fatalities occur. If they run away from the scene, it will be considered a hit-and-run case, and if there are injuries or death, it would be considered a felony charge.
Our truck accident lawyers don’t only help in wrongful death cases. We also help victims get compensation for hit-and-run claims, which are some of the most complicated.
What Is The Leading Cause Of Traffic Fatalities In California?
Human error and unsafe driving practices are the most common causes of fatal traffic crashes involving large trucks. These practices include speeding, overcompensating, tailgating, and distractions while driving. If the truck driver’s negligence causes the accident, the families of deceased victims are entitled to compensation.
Why Are Trucking Accidents A Serious Issue?
Due to the size and weight disparities between trucks and other vehicles on the road, accidents involving these massive vehicles are more serious. Both factors contribute to the impact of a collision, generating enough force to wreck a small car and kill its occupants. Even collisions between two trucks can become deadly because of these elements.
Can Trucks Drive In The Left Lane?
California prohibits trucks in the left lane. Truck drivers must use lanes designated by signs. If there are no signs to guide them, the general rule of thumb is to use the right-hand lane. For four or more lanes, truck drivers can use the second-to-right-hand lane. The state imposes a fine of $100 to $250 for failure to follow these rules.
But why can’t trucks drive in the left lane? Truck drivers have big blind spots, especially on the passenger side. If they drive in the left lane, they cannot see vehicles on the passenger side, increasing the risk of collisions.
Get Maximum Compensation With Help From The Truck Accident Lawyers California Trusts
While encountering large trucks on the road may frighten you, the reality of an accident involving one is definitely worse. The truck companies and their insurance providers may act like they care for your injuries enough to compensate you, but they care more for their bottom lines to give you less of what you deserve.
If you’re thinking, “I need a personal injury lawyer for a truck accident in California,” you have come to the right place. We at Arash Law, founded and managed by Arash Khorsandi, Esq., are with you in facing them head-on. Contact us today at (888) 488-1391 or complete the “Do I Have a Case?” form for a free, no-obligation consultation.
You can consult with us at home, at work, or anywhere in the state. Our offices are conveniently located throughout California, including Los Angeles, Sacramento, San Francisco, San Diego, San Jose, Fresno, Oakland, Riverside, Orange County, Kern County, and Stanislaus County.
