When big rigs crash on the streets of California, the aftermath is often catastrophic. If you're caught in this unfortunate scenario, finding a seasoned California truck accident lawyer is crucial. Our proven truck accident lawyers know the ins and outs of handling complex cases against powerful trucking companies. With their expertise, victims stand a fighting chance to secure rightful compensation for their injuries and losses.
The stakes are high; after all, we're talking about battling entities with deep pockets equipped with teams of lawyers aimed at minimizing payouts. But don't let that intimidate you—help is closer than you think.
Common Causes of Truck Accidents in California
Truck accidents can be devastating, often resulting in severe injuries or even fatalities. In California, several common factors contribute to these tragic incidents.
Driver Fatigue
One of the leading causes of truck driver fatigue is the pressure to meet strict deadlines. Trucking companies may push their drivers to cover long distances without adequate rest breaks. According to the Federal Motor Carrier Safety Administration (FMCSA), an estimated 13% of commercial motor vehicle drivers involved in crashes were considered fatigued at the time. Reckless driving behaviors, such as speeding and unsafe lane changes, are another major contributor to truck accidents in California. The FMCSA reports that speeding was the most frequent driver-related factor for large truck drivers involved in fatal crashes in 2018.
Distracted Driving
Distracted driving, particularly texting while behind the wheel, poses a significant risk for truck accidents. Studies show that the odds of being involved in a safety-critical event are 23.2 times greater for commercial motor vehicle drivers who text while driving. Large trucks have substantial blind spots on all four sides, known as "no-zones." These areas make it difficult for truck drivers to see smaller vehicles. The FMCSA estimates that one-third of all crashes between large trucks and cars occur in these no-zones.
Failure to Obey Traffic Laws
When truck drivers fail to obey traffic laws, such as running red lights or stop signs, the consequences can be catastrophic. In 2018, the FMCSA found that 6.5% of large truck drivers involved in fatal crashes had previously recorded crashes, while 21.2% had recorded speeding convictions.
Types of Truck Accidents in California
Truck accidents come in various forms, each with its own set of dangers and potential for serious harm. Jackknife accidents happen when a truck's trailer swings out to the side, forming a 90-degree angle with the cab. Improper braking, sudden turns, and slippery roads can all lead to these frightening incidents. According to the FMCSA, jackknife accidents account for around 10% of all large truck crashes. Los Angeles County experienced an unusual number of jackknife collisions in 2022.
Rollover Accidents
Rollover accidents are another common type of truck accident. They can be caused by factors like speeding, overloading, or abrupt steering maneuvers. The FMCSA reports that in 2018, 4.4% of large trucks involved in fatal crashes experienced a rollover. Underride accidents occur when a smaller vehicle collides with a truck and becomes lodged underneath the trailer. These crashes are often deadly due to the severe head and neck injuries that can result. The Insurance Institute for Highway Safety (IIHS) estimates that underride crashes kill around 350 people each year in the United States.
Rear-End Collisions
Rear-end collisions involving large trucks can be particularly devastating due to the size and weight of these vehicles. According to the FMCSA, 22% of large truck crashes in 2018 were rear-end collisions.
Wide Turn Accidents
Wide turn accidents can happen when a truck driver swings left to make a right turn or vice versa, causing the trailer to strike other vehicles or pedestrians. The FMCSA reports that 6% of fatal large truck crashes in 2018 involved a truck that was turning.
Injuries Commonly Sustained in California Truck Accidents
The immense size and weight of commercial trucks can lead to severe injuries when accidents occur. Traumatic brain injuries (TBIs) are a serious consequence of many truck accidents. The force of impact can cause the brain to collide with the inside of the skull, leading to potentially life-altering damage. According to the Centers for Disease Control and Prevention (CDC), motor vehicle crashes were the second leading cause of TBI-related hospitalizations in 2014.
Spinal Cord Injuries
Spinal cord injuries can result in partial or complete paralysis, depending on the severity and location of the damage. The National Spinal Cord Injury Statistical Center reports that vehicle crashes are the leading cause of these injuries, accounting for 38.6% of cases. Fractures are a common outcome of truck accidents due to the tremendous forces involved. A study published in the journal Accident Analysis & Prevention found that fractures were present in 27% of patients admitted to the hospital following a motor vehicle crash.
Internal Organ Damage
The blunt force trauma associated with truck accidents can cause internal organ damage, such as lacerations to the liver, spleen, or kidneys. A study published in the World Journal of Surgery found that blunt abdominal trauma occurred in 31% of motor vehicle crash victims.
Wrongful Death
Tragically, many truck accidents result in fatalities. The loss of a loved one in such a sudden and preventable manner is devastating for families. According to the IIHS, 4,119 people died in large truck crashes in 2019, and 67% of these deaths were occupants of passenger vehicles.
Determining Liability in a California Truck Accident Case
Establishing liability in a truck accident case can be complex, as multiple parties may share responsibility for the crash. Truck driver negligence, such as speeding, distracted driving, or operating under the influence, can make them liable for resulting accidents and injuries. According to the FMCSA, in 2018, 5.3% of large truck drivers involved in fatal crashes had a blood alcohol concentration (BAC) of 0.01 or higher.
Trucking Company Liability
Trucking companies can be held liable for accidents caused by their employees' negligence or for their own negligent practices, such as improper maintenance or hiring unqualified drivers. The FMCSA reports that in 2018, 4.7% of large trucks involved in fatal crashes had vehicle-related factors, such as brake problems or cargo shifts. If a truck accident is caused by a defective vehicle or part, the manufacturer may be held liable under product liability laws. According to a study by the FMCSA, an estimated 10% of all large truck crashes involve vehicle-related factors, such as defective brakes or tires.
Third-Party Liability
In some cases, third parties such as cargo loaders, maintenance contractors, or even government entities responsible for road maintenance may share liability for a truck accident. The FMCSA reports that in 2018, 3.4% of fatal large truck crashes involved environmental factors, such as slick roads or debris.
Driver fatigue, reckless and distracted driving, along with failing to obey traffic laws are major causes of truck accidents in California. Types of these accidents include jackknife, rollover, underride, rear-end collisions, and wide turn incidents. Severe injuries like TBIs and spinal cord damage often result. Determining liability can be complex due to multiple potentially responsible parties.
Damages Available in a California Truck Accident Claim
If you've been in a truck accident, you know the devastation it can cause. The sheer size and weight of these vehicles mean that when they collide with a passenger car, the results are often catastrophic. Victims can suffer serious injuries, extensive property damage, and even loss of life. But what kind of compensation can you seek if you've been hurt in a truck accident? In California, there are several types of damages available to help you recover and move forward.
Medical Expenses
First and foremost, you can seek compensation for your medical expenses. Truck accident injuries can be severe, requiring emergency treatment, surgery, hospitalization, and ongoing care. According to a report by the FMCSA, the average cost of a large truck crash involving injuries is a staggering $195,258. You shouldn't have to bear this financial burden on your own. A truck accident claim can help you recover the costs of your medical treatment, both now and in the future. Serious injuries often mean missed work and lost income. If your truck accident injuries have kept you out of work, you may be entitled to compensation for your lost wages. But it doesn't stop there. If your injuries have left you with a permanent disability that impacts your future earning capacity, you can seek damages for that as well. The FMCSA estimates that the average cost of a fatal large truck crash, including lost productivity costs, is $3,833,721.
Property Damage
Truck accidents can total a car in an instant. If your vehicle was damaged or destroyed in the crash, you can seek compensation for the repair or replacement costs. But property damage isn't limited to just your car. Any personal belongings that were damaged in the accident, like a laptop or phone, can also be included in your claim. On average, the FMCSA reports that property damage in a large truck crash costs around $15,114. Not all damages are economic. The physical pain and emotional trauma of a truck accident can have a profound impact on your life. These non-economic damages, often referred to as "pain and suffering," can be included in your truck accident claim. While it's difficult to put a dollar amount on these intangible losses, they are very real and deserve to be compensated.
Punitive Damages
In rare cases where the truck driver or trucking company's actions were particularly reckless or egregious, you may be able to seek punitive damages. These damages are designed to punish the wrongdoer and deter similar behavior in the future. According to a study published in the Journal of Empirical Legal Studies, punitive damages were awarded in 4.9% of tort trials in California state courts. If you've been hurt in a truck accident, you need an experienced attorney on your side to help you navigate the complex world of truck accident claims and fight for the full compensation you deserve.
The Role of a California Truck Accident Attorney
Truck accident cases are notoriously complex. Multiple parties may be liable, from the truck driver to the trucking company to the manufacturer of a faulty part. Federal regulations governing the trucking industry add another layer of complexity. This is where a skilled California truck accident attorney comes in. Your lawyer will handle every aspect of your case, allowing you to focus on your recovery.
Investigating the Accident
To build a strong case, your attorney will thoroughly investigate the crash. They'll gather evidence like police reports, witness statements, and electronic logging device (ELD) data. Since 2017, the FMCSA has mandated that commercial trucks use ELDs to record hours of service. This data can provide valuable evidence of driver fatigue or other violations in a truck accident case.
Gathering Evidence
Your truck accident lawyer will work tirelessly to collect evidence that supports your claim. This may include medical records documenting your injuries, expert testimony about the cause of the crash, and proof of your economic losses. A study by the FMCSA found that truck crashes involving driver fatigue are more likely to result in serious injuries or fatalities. Your attorney will know how to uncover evidence of violations like this to strengthen your case. Dealing with insurance companies after a truck accident can be a nightmare. These companies are notorious for lowballing settlement offers or denying claims outright. Your truck accident attorney will handle all communications and negotiations with the insurance adjusters. They'll fight to make sure you receive a fair settlement that covers all of your damages. On average, the FMCSA reports that the liability insurance payout for a large truck crash involving injuries is $239,582.
Representing Clients in Court
Most truck accident cases settle out of court. But if the insurance company refuses to offer a fair settlement, your attorney will be ready to take your case to trial. They'll present a compelling case to the jury, using evidence and expert testimony to prove the extent of your damages and the liability of the responsible parties. In California state courts, plaintiffs win 56.4% of tort trials according to a study published in the Journal of Empirical Legal Studies. With an experienced truck accident attorney in your corner, you can level the playing field against the trucking and insurance companies and fight for the compensation you deserve.
How a California Truck Accident Lawyer Can Help Maximize Your Compensation
When you're facing off against a trucking company and their insurers after an accident, it can feel like David vs Goliath. These companies have deep pockets and armies of lawyers on their side, ready to minimize or deny your claim. That's why you need a California truck accident lawyer who knows how to fight back and advocate for your rights. An experienced attorney can help maximize your compensation in several key ways. To get the full compensation you deserve, you need to account for all of your damages - past, present, and future. A knowledgeable truck accident attorney will work with medical experts and economic analysts to assess the total impact the crash will have on your life. This includes not just your current medical bills, but also the costs of future treatment, lost earning capacity if you've been disabled, and the intangible losses like pain and suffering. A report by the FMCSA found that the average cost of a fatal large truck crash is a staggering $3,833,721, highlighting the importance of securing full and fair compensation.
Dealing with Insurance Adjusters
Insurance adjusters are not on your side. Their job is to pay out as little as possible on claims to protect their company's bottom line. They may pressure you to accept a lowball settlement offer or try to get you to say something that can be used against you later. Your truck accident lawyer will handle all communications with the insurance company, protecting your rights and fighting for a fair settlement. Considering that the average cost of a truck crash with injuries is $195,258 according to the FMCSA, you need a skilled advocate in your corner during these negotiations. To win your case and secure maximum compensation, your attorney will need to build a strong foundation of evidence. They'll gather police reports, medical records, witness statements, and expert analysis to prove the extent of your damages and the liability of the responsible parties. The FMCSA has found that truck crashes involving vehicle-related factors like brake problems or cargo shifts are more likely to result in serious injuries or fatalities. Your lawyer will know how to uncover evidence of negligence like this to bolster your case.
Negotiating a Fair Settlement
Most truck accident cases end in settlement, not a trial. But to get a fair settlement that covers all of your damages, you need an attorney who is a skilled negotiator and isn't afraid to play hardball with the insurance company. Your lawyer will use their knowledge of the law and the strength of the evidence in your case as leverage in these negotiations. According to the FMCSA, the average liability insurance payout for a fatal large truck crash is over $1 million. With the right attorney, you can fight for every dollar you deserve. If you or a loved one has been hurt in a truck accident, don't try to take on the trucking and insurance companies alone. Find an experienced California truck accident lawyer who will stand up for your rights and fight tirelessly to get you the compensation you need to rebuild your life.
After a truck accident in California, you can fight for compensation covering medical costs, lost wages, property damage, and pain. An expert lawyer will help gather evidence, deal with insurers, and maximize your claim to rebuild your life.
Conclusion
In the wake of a harrowing road incident involving towering trucks and passenger cars alike, hope isn't lost amidst chaos if one knows where to look—a skilled California truck accident lawyer might just be your guide to putting your life back together.
This guide has walked through what makes these attorneys indispensable allies—from dissecting driver fatigue as a common cause behind accidents to maximizing settlements through adept negotiation skills. The journey toward healing starts with making informed choices today for tomorrow's peace of mind.
Remember, choosing an experienced attorney isn't merely about getting compensated; it's about affirming that justice serves those who have endured loss beyond measure due to another's negligence on Californian roads.
For those who have suffered injuries in a truck accident, contact the Vaziri Law Group for a free consultation today. Our truck accident attorneys have helped victims obtain more than $1 Billion in compensation since 2006 and have a 98% success rate.