San Clemente Truck Accident Attorneys
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Our San Clemente Truck Accident Attorneys Will Help You Get Maximum Compensation
Negligent truck drivers are everywhere, causing injuries and fatalities. If you or a loved one is a victim, reach out to our San Clemente truck accident attorneys. We can guide you through the legal process of recovering compensation for your losses. Call (888) 488-1391 now 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 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.
Today, San Clemente keeps on developing 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 are bound to happen, resulting in devastating consequences. If you become injured due to a truck accident, our San Clemente law firm, led by Arash Khorsandi, Esq., can help secure a fair settlement.
Every victim deserves legal representation. As such, we don’t want to further burden them by charging upfront fees. Our truck accident lawyers in San Clemente operate on a contingency fee basis, so we only get paid when we win your case. With our 99% success rate, we’re confident in our ability to get you the maximum compensation you are entitled to. Let us fight for you!
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 Win Your Case?
Arash Law features a lineup of top-notch lawyers who consistently win truck accident cases in San Clemente. With many decades of combined experience and a winning track record, we’ve successfully obtained over $500 Million in settlement awards. Our law firm ensures a better chance of securing a favorable outcome by:
- Collecting evidence – Gathering enough evidence to prove your claim is a rigid process. Nevertheless, our truck accident lawyers in San Clemente can take care of this for you. With our extensive knowledge and experience, we know what kind of proof is needed.
- Establishing the liability of negligent parties – Our lawyers can demonstrate the fault of those responsible for your injuries. Depending on the circumstances of the case, we can hold several parties accountable, like truck drivers, their employers, and manufacturers.
- Negotiating with insurance companies – Insurance companies often make low offers that fail to meet the full needs of accident victims. But our attorneys will step in to assert fair compensation. We understand the trauma you have experienced can be difficult to bear, which is why we aim to secure an amount that can aid in your long-term recovery.
- Advocating for your rights in court – Out-of-court negotiations do not always succeed. When this happens, our litigation attorneys are ready to take your case to trial. We will present all the preserved evidence and data we’ve gathered to prove your claim.
Remember, truck accidents in California are inherently complicated for various reasons. These include the federal regulations governing the trucking industry. Our lawyers will explain the applicable laws to you in the simplest 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 today by filling out our “Do I Have A Case?” form.
Types Of Trucks
When visiting San Clemente, California, residents 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 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, the U.S. Postal Service, 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 might be entitled to file a claim. Contact our San Clemente attorneys, who specialize in 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 they 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
Since trucks are large and heavy, their drivers are expected to be extra careful to stop in time. When they fail to do so, they might crash into the rear bumper of the vehicle in front. Rear-end collisions may also occur due to:
- Tailgating
- Speeding
- Distracted and fatigued driving
- Poor weather conditions
- Mechanical issues
In most cases, rear-end accidents may result in severe injuries or fatalities due to the strong impact.
Rollovers
To recover from these incidents, our San Clemente truck accident attorneys can help you get compensation. We’ll identify the liable parties and 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 truck drivers are intoxicated, they can't safely drive, but these substances may nonetheless give them false confidence. As a result, many individuals drink and drive, risking 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 right away. We’ll ensure they are held accountable for their negligent actions.
Fatigued Driving
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 a maximum of 11 hours to drive.
Despite the implementation of hours of service regulations, other trucking companies still compel their drivers to break these rules. They might impose schedules that would be unattainable if their drivers took breaks. As such, truckers often have to spend long and grueling hours on the road, leading to exhaustion. When they drive while tired, they may have reduced concentration and slower reaction times, increasing the risk of accidents.
Driver Error
Truckers often 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
Due to tight deadlines and pressure to deliver goods quickly, some drivers go beyond the speed limit allowed for trucks. As such, they 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 lead to catastrophic incidents on the road. These issues can arise from poor vehicle maintenance or faulty manufacturing.
Tire Blowouts
Truck tires naturally deteriorate and 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, truck drivers are likely to be caught off guard. They may lose their vehicle control, veer to 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 can 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 can 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 truck 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 usually 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 can shake the head and neck violently, leading to whiplash. This may also damage your spinal cord, leading to 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 can 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 can cause these objects to become projectiles, increasing their chances of leading to 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 file a wrongful death claim.
Recovery from 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. But our San Clemente truck accident attorneys can help you recover and manage any lasting consequences. Contact us to learn more about your rights.
What Damages Can I Claim For My Truck Accident Case?
To recover from the devastating consequences of truck accidents, the legal system in San Clemente allows victims to recover compensation for the following damages:
- Economic Damages – If you get hurt in a truck accident, you’ll incur expenses for your medical treatment. As such, you may demand payment 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 are among the most damaging 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 must financially settle.
Aside from economic and non-economic damages, punitive damages are also occasionally granted. These aim to punish truck drivers and/or other liable parties for their intentional or grossly reckless behaviors. Punitive damages will help prevent them from doing the same wrongful acts.
You don’t need to deal with these damages alone. Our San Clemente truck accident attorneys can help you calculate an amount that would accurately cover all 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 these steps to ensure your safety:
- Check for injuries. Make sure 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. Do your best 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 always 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 would help prove the negligence of the at-fault party.
- Report it to your insurance company immediately. Cooperate and tell them what happened. But don’t admit any fault or issue statements that opposing parties can hold against you.
- Call Arash Law. We have a team of attorneys who are experts in truck accident cases in San Clemente. With our skills, we can help you achieve your desired outcome and the highest compensation for your damages and 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?
If you’re a victim of a truck accident in California and you want to initiate a claim, you don’t need to worry about the costs. Arash Law offers a contingency fee basis. Our truck accident attorneys in San Clemente won’t demand any upfront fees. Rather, our fees will come directly from the settlement that we win for you. This ensures that there are no financial barriers to pursuing your legal rights.
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. They can go as low as a few thousand dollars to as high as millions. For your reference, the average settlement value for semi-truck cases is around $40,000.
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. 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. It’s best to talk with our San Clemente truck accident attorneys to learn your deadlines.
Call The Truck Accident Attorneys San Clemente Trusts
Pursuing fair compensation at the same time as nursing an injury is challenging for the victims. You’ll need the help of our truck accident attorneys in San Clemente to support you every step of the way. We will protect your legal rights and fight for your welfare, ensuring a successful claim where you receive the compensation you deserve.
Call (888) 488-1391 or fill out our online form to reach Arash Law. You can also visit our offices in California, but if you can’t come to us, our legal team will visit you instead.
Our law firm also renders service in 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.
