Santa Clara Truck Accident Lawyers
- Truck Accident Statistics in California
- Common Causes of Truck Accidents in Santa Clara
- Common Kinds of Injuries Santa Clara Truck Accident Lawyers Help Victim Recover From
- Common Liable Parties Santa Clara Truck Accident Lawyers Help Determine
- What You Should Do After Truck Accidents
- Compensation for Truck Accident Claims
- Understanding The Full Picture of Negotiating with Insurance Companies and Their Lowball Settlement Offers
- Fault for Commercial Truck Accidents
- Impact of The Statute of Limitations on California Injury Claims
Award-Winning Santa Clara Truck Accident Lawyers who Don’t Just Win, They Win Big
You may face a lifetime of expenses if you are injured in a commercial truck accident in Santa Clara, California, due to mounting medical bills, vehicle repairs, and possibly an inability to return to work. Founded by renowned attorney Arash Khorsandi, Esq., Arash Law is a well-established law firm serving accident victims across California. Our Santa Clara truck accident lawyers will thoroughly investigate your crash to determine all liable parties and ensure they are held fully accountable.
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
Truck Accident Statistics in California
The California Highway Patrol (CHP) reported 7,009 injuries from truck crashes and 344 fatal truck crashes in 2019. The fatality was the highest of the most recent five-year period, while the number of injuries was second only to the 7,223 in 2018.
The National Safety Council (NSC) reported 416 trucks were involved in fatal crashes in 2021, which was 6.8 percent of total vehicles in fatal crashes and 7.3 percent of the American total for large trucks. California ranked second in the nation with 437 deaths, behind only Texas with 806.
The Federal Motor Carrier Safety Administration (FMCSA) reported 364 fatal crashes involving large trucks in California in 2020. These accidents caused 398 fatalities, and both totals were the second-highest of the most recent 10-year period, behind only the 365 fatal crashes and 418 fatalities in 2019.
Common Causes of Truck Accidents in Santa Clara
No two truck accidents are ever the same, and the possible causes of a truck crash can vary from case to case. As a victim, you should have experienced truck accident attorneys in Santa Clara perform an independent investigation to pin down the exact cause of a wreck to determine exactly who can be held liable.
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 suggested that fatigue was a contributing factor in 30 to 40 percent of all heavy truck accidents.
They completed a study on 182 fatal heavy truck accidents involving truck drivers, constituting a census of such incidents in eight participating states. The NTSB believed that the 31 percent prevalence of fatigue in these fatal accidents provided a reliable estimate of the frequency of fatigue in truck accidents.
According to Truckinginfo.com, the most common distractions for truck drivers associated with collisions were talking on mobile phones (90.3%), texting or dialing on mobile phones (60.7%), grooming or personal hygiene (42.8%), other tasks (38.8%), operating another mobile device (33.4%), earphones or headphones (31.8%), food (27.2%), paperwork (26.2%), possession of mobile phones (26.1%), beverages (25.3%), hands-free talking on mobile phones (17.6%), and smoking (14.8%).
Speeding and Aggressive Driving Habits
Driving Under the Influence (DUI)
FMCSA reported that 1% of truck drivers were found to be DUI of alcohol while another 2% were intoxicated by illegal drugs, and 17% took over-the-counter drugs while 26% were on prescription drugs.
Insurify reported that National Highway Traffic Safety Administration (NHTSA) data showed that 14 out of every 10,000 drivers nationwide have prior citations for tailgating, while 33% of car collisions are rear-end impacts.
Improperly Loaded Trailers
Poor Maintenance and Equipment Failure
Common Kinds of Injuries Santa Clara Truck Accident Lawyers Help Victims Recover From
- Fractures or broken bones
- Crush injuries
- Closed head injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Internal injuries
Common Liable Parties Santa Clara Truck Accident Lawyers Help Determine
The primary reason you will want to work with proficient Santa Clara truck accident lawyers following an accident is to determine exactly who was liable for the crash. While many people automatically assume truck drivers were at fault, there are other parties who may also be accountable.
- 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 they violated federal or state regulations in hiring their 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 caused the wreck.
- Truck owners – When a trucking company is not the actual owner of a commercial truck, then the company or other party 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 ensure your safety and that of your passengers. If you know you have legal claims to recover financial compensation for your losses associated with a crash, then take the following steps:
- Call 911 – Truck crash victims should contact the local law enforcement agency so police officers and emergency medical personnel are dispatched to the scene. You must guarantee a police report is completed and filed, and then ask for a police report number. The police report is often the basis for most personal injury claims.
- Seek medical attention – Anyone involved in a truck accident should go to a hospital or other medical care provider as soon as possible, even when they do not think they suffered injuries. You need to remember that many injuries have delayed symptoms. Avoid seeing a doctor several days or weeks after the crash because the insurance company will presumably claim your injuries were not connected to it.
- Take pictures – People involved in an accident should use the cameras on their phones to capture as many photographs or videos of the crash scene as they can. Get images from multiple angles and distances, and look for important time-sensitive signs relating to the accident, such as skid marks. You should also take pictures of your injuries while they are at their worst.
- Get the truck driver and vehicle information – You should get the name of the truck driver as well as their phone number, driver’s license number, insurance information, and the truck license plate information. When it is possible, determine the trucking company involved as well.
- 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 the best truck accident lawyers Santa Clara trusts – It is always in the victim’s best interests to get an experienced attorney involved in their case as soon as possible.
Compensation for Truck Accident Claims
When a person suffers injuries in a truck accident, they are often entitled to compensatory damages intended to restore them to their original condition. Compensatory damages typically come in two forms: economic and non-economic damages.
- 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, but may include:
- Pain and suffering
- Emotional distress
- Loss of consortium
Understanding The Full Picture of Negotiating with Insurance Companies and Their Lowball Settlement Offers
Accepting any offer without consulting a lawyer is risky because you will have to sign a release that frees the negligent party from any future claims. Many victims later find they require far more money to pay future bills and must pay these costs out of their own pockets.
Discuss your case with experienced Santa Clara truck accident lawyers before speaking to an insurer because they know how to calculate a far more accurate estimate of your losses. You will more likely recover an award that covers all your losses when you retain legal counsel.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Fault for Commercial Truck Accidents
Impact of The Statute of Limitations on California Injury Claims
As the California Courts website notes, people generally have two years to file personal injury claims, although injuries not discovered right away can allow one to file a claim within one year of the date an injury is discovered. When a claim concerns property damage, then a person will have three years.