Santa Clara Truck Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Professional Legal Guidance From Our Santa Clara Truck Accident Lawyers
Depending on your specific circumstances, you may face a lifetime of expenses if you were injured in a commercial truck accident in Santa Clara, California. You may need to deal with mounting medical bills, vehicle repairs, and possibly an inability to return to work. Arash Law is a law firm serving accident victims throughout California. Our Santa Clara truck accident lawyers will examine your case to identify who may be responsible and help you seek compensation.
Many commercial trucks pass through California because the state is a major hub for shipments across the country. There are commercial trucks departing facilities throughout California on a regular basis. Since the trucking industry is heavily regulated, there is an increasing emphasis on verifying that commercial truck drivers are fit to operate their vehicles. For example, truck drivers face stringent federal regulations regarding the number of hours they can work.
However, even with rigorous training, commercial truck drivers are just as human as other drivers on the road. They, too, can be involved in automobile collisions. The difference is that a crash involving a commercial truck is far more likely to cause significant property damage and injuries.
In addition to concerns about possible driver fatigue, truck drivers can still be subject to many of the same mistakes other drivers make that can cause traffic accidents. Truck drivers, for instance, can become distracted by cell phones or other objects within their vehicles, and such common mistakes can lead to devastating crashes.
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 Causes Of Truck Accidents In Santa Clara
No two truck accidents are the same, and the possible causes for a crash can vary from case to case. As a victim, you may benefit from consulting experienced truck accident lawyers. Our Santa Clara truck accident attorneys can conduct an independent investigation to identify the potential causes of a wreck and identify who may be held liable.
Some of the most common causes of truck accidents generally include, but are not limited to, the following:
Driver Fatigue
The National Transportation Safety Board (NTSB) states that NTSB analysis of Fatal Accident Reporting System (FARS) data indicated 3,169 fatal accidents in which 3,783 people were killed. Fatigue was coded as a related factor for at least one truck driver in 1.67 percent (or 53 of 3,169) of the fatal heavy truck accidents.
NTSB said it believed the frequency of driver fatigue was underreported in FARS with regard to truck drivers. Research indicates that fatigue is a contributing factor in approximately 13 percent of commercial truck crashes, according to the Federal Motor Carrier Safety Administration’s Large Truck Crash Causation Study.
They completed a study on 182 fatal heavy truck accidents involving truck drivers, constituting a census of such incidents in eight participating states. The study’s findings on fatigue prevalence in fatal truck accidents contribute to our understanding of this safety issue, though researchers note the complexity of determining exact causation in crash investigations.
Distracted Driving
Studies indicate that distracted driving poses a significant safety concern for commercial truck drivers. The behaviors that constitute distracted driving include using mobile phones, eating, and engaging in other activities.
Speeding And Careless Driving Habits
Speeding is a common factor in commercial truck crashes, as it reduces a driver’s reaction time and increases the force of impact.
Driving Under The Influence (DUI)
Commercial truck drivers are subject to strict federal drug and alcohol regulations, with testing programs designed to identify and address substance use issues in the industry.
Tailgating
Traffic safety research shows that tailgating and inadequate following distance contribute to a substantial number of rear-end collisions on American roadways.
Improperly Loaded Trailers
The cargo on the back of a commercial truck is several thousand pounds. When loaded improperly, cargo can come crashing off a truck, causing an imbalance that may lead to the vehicle tipping, jackknifing, or crashing.
Poor Maintenance And Equipment Failure
While both federal and state regulations are intended to keep trucks properly and regularly inspected and maintained, many truck drivers and trucking companies delay performing inspections or making necessary repairs to save time and money. Inadequate maintenance often leads to malfunctions or mechanical failures, resulting in preventable crashes.
Natural Disasters
Another possible cause of accidents beyond the control of truck drivers concerns basic weather conditions. California has periods of heavy rain or snow that may cause truck drivers to lose control of their vehicles.
Common Kinds Of Injuries Truck Accident Lawyers Help Victims With
People can suffer a wide range of possible injuries in a truck accident. Arash Law’s truck accident lawyers in Santa Clara encounter various types of injuries while helping people pursue compensation. These include:
- Fractures or broken bones
- Concussions
- Crush injuries
- Closed head injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Internal injuries
- Skull fractures
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Permanent nerve injuries
- Amputations
- Paralysis
- Severe burn injuries
- Wrongful death
Common Liable Parties In Truck Accidents
To pursue compensation after a truck accident, you may need to identify parties who may be liable for the crash. While many people automatically assume truck drivers are at fault, there are other parties who may also be accountable. Our Santa Clara truck accident lawyers can conduct a thorough investigation to help with your case.
For anyone who suffers injuries in a truck wreck, working with truck accident attorneys in Santa Clara can be beneficial when establishing liability in their cases. The parties who may be liable in these cases may include, but are not limited to, the following:
- Truck Drivers — Truck drivers are commonly liable parties, but they also rarely have the wealth necessary to pay much larger jury verdicts or settlements. A truck driver can be liable for all kinds of crashes caused by their negligence.
- Trucking Companies — A trucking company can be liable for an accident when it violates federal or state regulations in hiring its drivers.
- Truck Part Manufacturers — When a truck accident results from a defective part on a commercial truck, then the manufacturer of the part involved can be liable through a product liability claim. If the truck driver blames an accident on issues with their steering system, brakes, or tires, manufacturers may bear liability in those cases.
- Cargo Loaders — Many commercial trucks have third parties responsible for loading their vehicles. These parties can become liable for crashes when the cargo loading issues cause the wreck.
- Truck Owners — When a trucking company is not the actual owner of a commercial truck, then the company or other party that they were leasing the vehicle from can also be liable for damages.
What You Should Do After Truck Accidents
When it comes to truck accidents, the first thing you should do is prioritize your safety and that of your passengers. If you believe you have legal grounds to seek compensation for losses associated with a crash, you may want to consider doing the following:
- Call 911 — As a victim of a truck crash, you should contact the local law enforcement agency so police officers and emergency medical personnel can be dispatched to the scene. You must verify that a police report has been completed and filed, and then request the police report number. The police report is often the basis for most personal injury claims.
- Seek Medical Attention — If you were involved in a truck accident, you should seek medical attention, even if you don’t think you have suffered any injuries. It’s essential to remember that some injuries may have delayed symptoms. Avoid delays in seeing a doctor. Otherwise, you may face challenges and disputes when filing an insurance claim.
- Take Pictures — Capture as many photographs or videos of the crash scene as possible. Get images from multiple angles and distances, and look for important time-sensitive signs relating to the accident, such as skid marks. If possible, you should also take pictures of your injuries in the immediate aftermath of the accident.
- Obtain the Truck Driver and Vehicle Information — You should also obtain the truck driver’s name, phone number, driver’s license number, insurance information, and the truck’s license plate number. If possible, ask for the name of the trucking company involved.
- Get Witness Information — If other people saw your crash, you should also ask them for their contact information. But do not press them for details when they don’t want to share. Try to relay to your legal counsel that there were witnesses instead.
- Contact Our Truck Accident Lawyers — It may be wise to have an experienced attorney involved in your case. Our lawyers who handle truck accident cases can walk you through your options. We can also represent your interests in court, if necessary.
Compensation For Truck Accident Claims
If a person suffers injuries in a truck accident, they may be entitled to compensatory damages intended to help them manage their losses. Compensatory damages typically come in two forms: economic and non-economic damages.
Economic damages relate to actual tangible costs people can establish in court, such as:
- Past and future medical bills
- Lost income
- Motor vehicle damage
Non-economic damages are far more subjective and generally do not have inherent financial values. They include:
- Pain and suffering
- Emotional distress
- Loss of consortium
Punitive Damages
In rare cases, punitive damages may also be awarded. Under California state law, these exemplary damages may be available when the victim proves by clear and convincing evidence that the defendant was guilty of oppression, fraud, or malice.
Unlike compensatory awards, punitive damages are not intended to compensate the plaintiff for their losses. Instead, they are awarded to punish the wrongdoer for their gross negligence or willful recklessness and deter others from engaging in a similar behavior.
Wrongful Death Damages
When a truck accident causes the death of a loved one, the family can file a wrongful death claim. Having someone close to you killed in one can be devastating. Seeking legal guidance from truck accident attorneys at Arash Law can help you understand your rights and legal options.
Understanding Negotiations With Insurance Companies And Their Settlement Offers
In many truck accident cases, insurance companies for truck drivers and trucking companies may prefer to resolve claims outside of court. While they may seem enticing, settlement offers may fail to account for the full extent of your losses while you are still recovering from your injuries. That is why it’s important to carefully evaluate proposed settlements before agreeing to them.
Consulting a lawyer before accepting an offer may be beneficial. Agreeing to a settlement involves signing a release that may limit future claims. If you discover that the compensation you agreed to does not cover ongoing or anticipated expenses later on, you may no longer file an additional claim.
Consider discussing your case with experienced truck accident lawyers before speaking to an insurer. An attorney can help you evaluate the full scope of your losses and pursue fair compensation that aligns with your specific situation.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Fault For Commercial Truck Accidents
California is a pure comparative fault state, which means people can still seek compensation for damages even when they were 99 percent at fault for crashes. The catch to this system, however, is that one can have their award reduced by their share of negligence in connection with an accident.
For example, a person involved in a truck accident who was 25 percent responsible will have their $100,000 award reduced by $25,000, only receiving $75,000. These rules apply to court cases. However, many truck accident cases are resolved instead through settlements, which are not necessarily subject to the same provisions. Still, fault can play a role in arriving at a settlement.
It is typically possible that multiple vehicles are involved in a truck accident. Therefore, other motorists, besides the truck driver and the victim, can bear responsibility for the crash. Seeking assistance from an attorney may help you identify parties who may be liable for the accident. Our lawyers who handle truck collisions can conduct a thorough investigation and help you pursue compensation.
Impact Of The Statute Of Limitations On California Injury Claims
People generally have two years to file personal injury claims. However, there are exceptions to this rule, such as cases where injuries were not discovered immediately. In those circumstances, the statute of limitations may start from the date the injury is discovered. When a claim concerns property damage, a person will have three years.
While the deadline may seem like a long time to some people, they should still consider taking prompt legal action. Seeking legal representation early may help your case, as it gives your lawyers ample time to conduct an investigation and file your paperwork within the applicable deadlines. The statute of limitations can play a significant role in the decision to take a case to trial when settlement negotiations prove unproductive. Our truck accident lawyers can handle your case and manage deadlines while you focus on your well-being.
Consult Our Truck Accident Lawyers
Did you suffer severe injuries, or was your loved one killed in a commercial truck accident in Santa Clara? Under the guidance of Arash Khorsandi, Esq., Arash Law’s Santa Clara truck accident lawyers can guide you through your rights and legal options.
Additionally, we can connect you with doctors in the state who can provide medical attention after an accident. They can also provide insights that may help us assess the extent of your injuries and losses.
Furthermore, our firm works on a contingency fee basis. In other words, you won’t be charged for the services of our attorney unless compensation is obtained. While our lawyers’ fees are contingent on your compensation, you may still be responsible for certain case expenses regardless of the outcome.
Call (888) 488-1391 or contact us online for a free initial consultation.
Our truck accident lawyers in Santa Clara also serve nearby cities and counties, including San Jose, Campbell, Sunnyvale, Cupertino, Milpitas, Saratoga, Mountain View, Los Altos, Palo Alto, Stanford, East Palo Alto, Newark, Orange County, San Bernardino County, and Riverside County.
