San Clemente Truck Accident Attorneys
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Dedicated Legal Representation From Our San Clemente Truck Accident Attorneys
Truck crashes can often be more serious than those involving regular cars. If you or a loved one was recently injured in one, you can reach out to our San Clemente truck accident attorneys. We can guide you through the process of pursuing compensation for your losses. Call (888) 488-1391 for a free initial consultation.
San Clemente is a city that lies in the southernmost part of Orange County, California. It is popularly known as the Spanish Village by the Sea, priding itself on its Spanish heritage and 20-acre scenic beaches. This place is also one of the first master-planned communities that rose from open land in the United States.
The county continues to develop by building additional infrastructure and businesses. As such, people use a lot of trucks to deliver freight to specific locations. With these vehicles operating here and there, accidents could happen and potentially result in severe consequences. If you become injured due to a truck accident, our San Clemente law firm can study how we may assist you in pursuing a settlement.
Every injured victim deserves access to legal guidance after an accident caused by another’s negligence. As such, we don’t want to further burden them by charging upfront fees. They can avail themselves of a free case review during their first meeting with our firm. Our truck accident lawyers in San Clemente also operate on a contingency fee basis, meaning clients won’t be charged for the services of our attorneys unless their case resolves with compensation. Instead, they may only have to cover some other case-related costs outside of this agreement, regardless of how their claim concludes.
Suarez v. Premium Packing (settled on 9/26/2023) – settlement involving a man who sustained multiple orthopedic injures and a mild traumatic brain injury when he was run over by a food truck.– TINA ESHGHIEH
How Can Our San Clemente Truck Accident Attorneys Help Your Case?
Arash Law has a team of experienced personal injury attorneys who can advocate for their clients’ rights to seek compensation for medical expenses and other losses. Our law firm can assist injured victims with handling valid claims by:
- Collecting Evidence – Gathering enough evidence to prove your claim is a rigorous process. Nevertheless, our truck accident lawyers in San Clemente can take care of this for you. We know what kind of proof is needed and can assist with obtaining it where available.
- Establishing the Liability of Negligent Parties – Our lawyers can help demonstrate the fault of those responsible for your injuries. Depending on the circumstances of the case, we could potentially hold several parties accountable, like truck drivers, their employers, and manufacturers.
- Negotiating with Insurance Companies – Insurance companies may not fully understand the extent of the damages you incurred in a truck accident. If you have a case, our attorneys can step in to help you negotiate a settlement with them. We can use the findings of our independent investigation into your accident to present the potential value of your losses during these discussions.
- Advocating for Your Rights in Court – In some cases, out-of-court negotiations may not result in a settlement. When this happens, our litigation attorneys can study whether it’s feasible to take your case to trial. We can present all the preserved evidence and data we’ve gathered to support your claim.
Remember, truck accidents in California could become complicated for various reasons. These include the federal regulations governing the trucking industry. Our lawyers can explain the applicable laws to you in simple terms so you can better understand your rights and options after a truck accident.
If you have further legal questions, feel free to contact us by filling out our “Do I Have A Case?” form.
Types Of Trucks
In San Clemente, California, one can often see a variety of vehicles on the road, including large trucks of diverse forms. Examples are:
- Tractor-Trailers – People typically call these massive vehicles 18-wheelers, big rigs, or semi-trucks (or semis). Their trailers, where cargo is loaded, also have different classifications, such as:
- Flatbed Trailers – Companies use these to transport cargo that doesn’t fit in conventional semi-trailers.
- Tanker Trailers – Commonly loaded here are liquids and gases, which truckers deliver in bulk or large volumes.
- Livestock Haulers – Such trailers are more commonly used in the agricultural industry to ferry livestock, animals, and goods.
- Refrigerated Trailers – Also known as reefers, these trailers contain cargo that needs to be kept at high temperatures, like frozen food items, medications, alcohol liquids, cosmetics, and more.
- Delivery Trucks – In the era of advancement, where anyone may purchase online, these medium-weight trucks are an advantage to shipping companies. They deliver different packages from carrier services like UPS, FedEx, and Amazon.
- Working Trucks – Companies often accomplish particular jobs by means of heavy-duty vehicles such as dump trucks, cement trucks, furniture trucks, and the like.
When one of these trucks hits and injures you, you may be able to file a settlement claim for your damages. Contact our San Clemente attorneys, who handle truck accidents, and we will assess your case and the severity of your injuries.
Common Types Of Truck Accidents
Among the most common truck accident cases our San Clemente attorneys have handled are:
Jackknife Accidents
The cabs and trailers of heavy trucks sometimes skid out of control, forming a 90-degree angle or a V-shape. These incidents are extremely dangerous because a truck’s trailer might collide with other vehicles in multiple lanes.
Various factors contribute to jackknife accidents, including speeding, braking issues, poor vehicle maintenance, and bad road conditions. When inexperienced or distracted drivers make sudden maneuvers or fail to react appropriately in challenging situations, they may also cause jackknife accidents.
Rear-End Collisions
- Tailgating
- Speeding
- Distracted and fatigued driving
- Poor weather conditions
- Mechanical issues
Rollovers
Commercial trucks are particularly susceptible to rollover accidents because of their height and weight. Whenever the weight becomes imbalanced, it's common for drivers to lose control, causing them to swerve and tip over. These situations may occur when the tires come into contact with external objects along the road or due to the unevenly distributed weight within the vehicle. Rollovers can happen anywhere, but they are more common in particular areas, like exit ramps, curves and bends, intersections, steep declines, and high-traffic locations.
To move forward from these incidents, our San Clemente truck accident attorneys can help you pursue compensation. If you have a valid claim, we’ll work to identify the liable parties and seek to hold them responsible for the damages you incur.
Common Causes Of Truck Accidents
In San Clemente, truck accidents are among the concerns that both locals and authorities want to address. These unwanted situations arise due to the following causes of truck accidents, which our attorneys in San Clemente usually attend to:
Driving Under The Influence (DUI)
Alcohol and drugs both impair brain functions like judgment, reaction time, and decision-making. When drivers are intoxicated, they can’t safely drive. As a result, many individuals risk their safety and that of others on the road. They might exhibit behaviors like:
- Driving too slowly
- Weaving between lanes
- Failing to stop at traffic lights
- Swerving
If you get injured by a drunk driver, reach out to our DUI accident lawyers. We’ll advocate for accountability regarding their negligent actions.
Fatigued Driving
Though anyone can drive while fatigued, truckers are often held to higher standards when it comes to avoiding this particular behavior behind the wheel. In California, truck drivers are only allowed to drive for eight hours continuously without breaks. After that, they must have a 30-minute rest period. Within a 14-hour period, they only have 11 hours to drive.
Despite the implementation of hours of service regulations, trucking companies might impose schedules that would be unattainable if their drivers took breaks. As such, some truckers could have to spend long and grueling hours on the road, resulting in exhaustion. When they drive while tired, they may have reduced concentration and slower reaction times, increasing the risk of accidents.
Driver Error
Truckers and private drivers alike can potentially make mistakes on the road, especially when they are inexperienced or improperly trained. For instance, they may fail to check blind spots or turn recklessly on curves.
Speeding
Any driver could speed. However, due to tight deadlines and pressure to deliver goods quickly, truckers might be more likely to go beyond the speed limit allowed for trucks. As such, they may pose a risk to other road users. High speeds make it harder to stop in time and maneuver safely.
Distracted Driving
Some drivers may distract themselves to avoid falling asleep, but this behavior is as dangerous as drowsy driving. Using the phone, eating, or looking at other objects aside from the road in front of them may cause them to get into an accident.
Mechanical Failure
Auto defects, such as brake failure, engine malfunctions, or defective lights, can potentially lead to catastrophic incidents on the road. These issues can arise from poor vehicle maintenance or faulty manufacturing.
Tire Blowouts
Truck tires are likely to deteriorate faster than those on regular cars, as these commercial vehicles often cover more miles on average. This may result in blowouts during trips. Other factors behind these incidents also include underinflation, overloaded cargo, overheated engines, potholes, and debris.
No one knows when tires are about to burst, and when this occurs, drivers are likely to be caught off guard. They may lose their vehicle control, veer into different lanes, and collide with oncoming traffic.
Unsecured Loads
Cargo that’s not safely loaded, secured, or restrained can shift or fall out of trucks during travel. Such a situation may lead to severe accidents that involve multiple vehicles, causing serious injuries or even death.
Some trucks are also overloaded, going beyond the allowed weight or volume. Even when the cargo doesn’t come loose, the added burden could lead to blown tires and other mechanical failures.
To prevent these accidents, California’s Department of Motor Vehicles (DMV) implements basic cargo safety rules, which also apply to San Clemente. In accordance with these guidelines, truck drivers must perform the following duties, regardless of whether they loaded the cargo:
- Inspect the position of the cargo.
- Assess whether the trailer is overloaded or has a well-distributed weight.
- Determine if the freight obstructs their views.
- Identify whether the loads restrict access to emergency equipment.
Bad Weather
Driving during risky weather conditions, like rain and storms, can be challenging for drivers. They may not be able to see the road clearly or lose control on slippery surfaces.
Typical Injuries Sustained In A Truck Accident
Truck accidents can inflict varying degrees of injury, from minor cuts to life-altering conditions. Cases handled by our truck accident attorneys in San Clemente usually include the following:
- Head & Brain Injuries – Truck accidents are more likely to lead to traumatic brain injuries and other types of head trauma. These conditions often result in long-term cognitive impairments and reduced quality of life.
- Neck & Back Injuries – The force of truck collisions could shake the head and neck violently, resulting in whiplash. This may also damage your spinal cord, resulting in chronic conditions and paralysis.
- Internal Injuries – Victims may also sustain internal bleeding or damage to internal organs. When not treated right away, these bodily injuries may escalate to life-threatening complications and, worse, death.
- Broken Bones – The strong impact of truck collisions can easily fracture bones in the body. Broken bones may cause pain, immobility, and the need for extensive medical treatment.
- Lacerations – Victims commonly suffer from cuts due to the sharp edges of metal, glass, or debris penetrating the skin. The force of collisions could cause these objects to become projectiles, increasing their chances of resulting in deep cuts and tears.
- Wrongful Deaths – San Clemente has witnessed many truck accidents resulting in fatalities, such as when a semi-trailer collided with a pickup truck on the Avenida Palizada exit of southbound Interstate 5. This unfortunate event resulted in at least one death. In such situations, the surviving family members may be eligible to file a wrongful death claim.
Treatment for injuries sustained in a truck accident is not just a matter of physical healing. It can also involve finding solutions to the emotional and financial tolls of victims. Our San Clemente truck accident attorneys can help you assess the extent of your injuries so they can be factored into a valid claim. Contact us to learn more about your rights.
What Damages Can I Seek In My Truck Accident Case?
To move forward from the potentially severe consequences of truck accidents, the legal system in San Clemente allows victims to pursue the following damages:
- Economic Damages – If you get hurt in a truck accident, you’ll likely incur expenses for your medical treatment. As such, you may be able to seek compensation for your medical bills, doctor appointments, prescription charges, therapy sessions, and rehabilitation costs. You may also be eligible for compensation for lost income if your injuries caused you to miss work.
- Non-Economic Damages – Emotional tolls could also be among the repercussions of a truck accident. You may have to endure pain and suffering, loss of enjoyment of life or consortium, or wrongful death. These are some unquantifiable losses that negligent parties may be obligated to financially settle.
Aside from economic and non-economic damages, punitive damages are also granted in rare cases. These aim to punish truck drivers and/or other liable parties for their intentional or grossly reckless behaviors. Punitive damages aim to discourage them from repeating these wrongful acts.
You don’t need to deal with these damages alone. Our San Clemente truck accident attorneys can help you estimate an amount that reflects the extent of your losses.
What Steps Should I Take After A Truck Accident?
An accident involving a large truck can be a shocking experience, but it’s important to stay calm and follow steps like these to maintain your safety:
- Check for injuries. Check if you and everyone else involved are safe. If possible, move to a secure location away from traffic.
- Call 911. Once the police arrive, relay what happened so they can create an incident report. Try to stick only to the facts and not what you think might have happened.
- Get immediate medical treatment. Although you might seem fine, you still have to receive medical attention. Injuries like whiplash and internal injuries aren’t typically obvious after truck accidents. They may still need time to be visible, and when that day comes, it may be too late for you to get treatment.
- Gather information and evidence. Jot down all the details of the involved parties, including their names, contact details, plate numbers of their trucks, and their employers. Moreover, take photos and videos of the scene of the accident, your injuries, and other damages. These could help prove the negligence of the at-fault party.
- Report it to your insurance company immediately. Cooperate and tell them what happened. However, don’t admit any fault or provide opinions on how the accident may have occurred.
- Call Arash Law. We have a team of attorneys with experience handling truck accident cases in San Clemente. With our skills, we can guide you through the claims process and explain how you may be able to seek compensation for your injuries and other losses.
Statistics Regarding Truck Accidents
In 2021, California ranked second on the list of states with the most fatalities due to truck accidents. The National Safety Council (NSC) reported that 437 people died in these tragedies.
In the same year, approximately 5,700 large trucks were involved in fatal accidents across the country. This number shows a significant increase of 18% from 2020 and 49% from the last ten years. These resulted in 5,788 deaths, including occupants of other vehicles (72%), truck occupants (17%), and non-occupants (11%). The fatality rate also rose by 17% over the past year and 47% over the last decade.
Meanwhile, collisions resulting in injuries involved around 117,300 big rigs, a 12% increase from 2020.
Frequently Asked Questions (FAQs) About Truck Accidents
Is Hiring A Truck Accident Lawyer Expensive?
Hiring a truck accident lawyer may be expensive, depending on the specifics of your case. For example, truck accident claims are more likely to involve multiple at-fault parties. Since a lawyer will have to communicate and potentially negotiate a settlement with all of them, they may charge you more. If you’re a victim of a truck accident in California and you want to initiate a claim, however, you may not need to worry about upfront costs. Arash Law offers a contingency fee basis. In other words, clients are not required to pay attorney’s fees unless they’re awarded a settlement. However, some other case-related expenses may still apply outside of this agreement.
How Is Compensation Determined For My Truck Accident Claim?
Settlements from truck accident claims will depend on the economic and non-economic losses you incur. As such, there is no single average settlement for semi-truck accidents. The value of a settlement depends on many unique factors in your claim, and past results are not the same for every case.
How Much Time Do I Have To File My Truck Accident Claim?
As stated in California’s statute of limitations, truck accident victims can initiate personal injury claims within two years. By extension, San Clemente follows the same deadline. Some exceptions may apply. For instance, if a plaintiff’s injury is not apparent after the accident, they have one year to process their lawsuit.
In some cases, the statute of limitations can be paused or “tolled,” such as in these situations:
- The plaintiff is a minor or mentally incapacitated.
- The defendant is out of state or in jail.
The statute of limitations is quite complex, and other scenarios might lead to tolling. You can talk with our San Clemente truck accident attorneys to learn about your deadlines.
Call Our San Clemente Truck Accident Attorneys
Pursuing compensation while nursing a truck accident injury can be challenging for the victims. Our attorneys in San Clemente, who handle truck accidents, can support you as you learn about your legal options. If you have a case, we can help you seek the compensation available to you under the law.
Call (888) 488-1391 or fill out our online form to reach Arash Law. If you can’t come to us, our team can visit you by appointment instead.
Our law firm also renders services across California. That includes nearby locations, like Dana Point, San Juan Capistrano, Laguna Niguel, Aliso Viejo, Mission Viejo, Laguna Hills, Laguna Beach, Laguna Woods, Rancho Santa Margarita, Lake Forest, Oceanside, Fallbrook, Irvine, Wildomar, and Newport Beach. Furthermore, we offer services in San Bernardino, San Gabriel, Ontario, Santa Clara, Riverside, La Habra, Long Beach, San Jose, Los Angeles, Bakersfield, and San Diego.
