Ultimate Guide to Truck Accidents in California

Track accidents in California, all you need to know

Welcome to the Beverly Hills Injury Firm’s Comprehensive Guide to Truck Accident Injuries. Truck accidents are some of the most gruesome events on California highways because of the size and weight of the vehicles involved. If you or a family member has been in a truck crash, this guide will help you to know your legal rights and know what steps to take to get the money you are entitled to.

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What to Do Following a Truck Accident

Prioritize Your Health

Get medical help right away, even if you think injuries are mild.

Injuries may not be readily apparent, and medical records are evidentiary to your case.

Call Law Enforcement: Have someone make a report with the police over the situation.

Collect Evidence: Photograph the scene, damage, injuries, and road conditions.

Get Contact Information: Truck driver's name, direct contact information, company information, witness' information.

Don’t Make Any Statements: Never acknowledge guilt, promise a statement, or speak with insurance companies without a lawyer.

Keep Evidence: Keep records of damaged items, vehicle information, and medical treatment.

Get in Touch with a Reliable Truck Accident Lawyer: we’ll protect your rights and get your case started.

Truck Accidents and Injury types

There are many different types of truck involved accidents, here are some of the most common:

Rear-End Accidents: Occur when drivers brake too late or are tailgating.

Jackknife Accidents: When a trailer swings out to create a 90-degree angle with the cab, typically resulting from a sudden stop.

Underride Collisions: The smaller vehicle becomes wedged below the trailer, causing deadly results.

Rollover Crashes: High center of gravity leads to trucks overturning when negotiating turns or swerving.

Blowouts: Can cause loss of control and multi-car accidents.

Blind spot accidents: Cars can get lost in truckers blind spots, leading to accidents.

Spilled Cargo: Cargo that is not loaded properly or is overweight may spill onto the road and hazard cars or other vehicles.

Common injuries include: Traumatic brain injury (TBI) Spinal cord injuries Fractures and broken bones Burns and lacerations Internal organ damage Headache, neck, and back pain (spinal muscle strain) and whiplash and other soft tissue injuries

Report the Accident

Inform the local police and your insurance provider of the accident.

When talking about the incident, be honest but do not accept responsibility.

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Liability and Negligence Explained

California is a comparative negligence state and liability may be divided
among one or more parties for an accident.

Even if you were partly to blame, you could still receive compensation,
albeit in a lesser amount reflecting a percentage of your fault.

Establishing Who Is at Fault

California has a comparative negligence system, which allows multiple parties to be responsible. Compensation and Liability In an accident such as this one, a complete investigation is necessary to determine who was at fault and hold them accountable for the damages you have suffered.

Liability in Truck-Crash Cases: As with car-wreck cases generally, truck-crash cases can be complicated by the involvement of multiple potentially liable parties including:

Truckers: If they acted negligently (e.g., speeding, driving while fatigued, under the influence).

Trucking carriers: If your carrier hired the driver that caused your accident, did not train properly for the circumstances or required delivery times despite hazardous conditions.

Truck Manufacturers: For faulty design or mechanical malfunction.

Maintenance Providers: Whether improper repairs or inspections contributed to the crash.

Cargo Loaders: For poorly-secured loads or overloads.

The Legal Process of Truck Accident Cases

Consult an Attorney

A seasoned bicycle accident lawyer can help you sort through the legalities of your case, collect evidence and negotiate with insurance companies on your behalf.

Determine Damages

Settlements may include:

Free Confidential Case Evaluation: Talk to a proven lawyer.

Discovery: Examine accident reports, black-box data, driver logs and maintenance records.

Liability Review: Determine and demand all responsible parties.

Letter of Demand: Brief letter sent to insurance company with associated injuries and desired damages.

Settlement Discussions: Try to settle the case before trial.

Lawsuit: If we fail to settle your claim, we will file and prosecute your claim.

Discovery: Parties share information and evidence.

Trial or Settlement: Case has been tried to court decision or settled by final settlement agreement.

What is the Statute of Limitations in California for Filing a Claim?

Under California law, you will have only two years from the date of the accident to file a personal injury insurance claim.

When a government vehicle, or a government entity, such as a public bus, is involved. The window of time can be even narrower, typically six months to file an administrative claim. Reacting in a timely manner is vital to saving evidence, witness interviews and increasing your chances for potential legal action.

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Navigating the Legal Process

Below are the common processes such cases usually follow:

Enquiry: Collecting sufficient evidence.

Negotiation: Trying to come to an agreement with insurance of at-fault party.

Litigation: When no settlement is reached, filing a lawsuit and appearing in court.

During the entire process, Beverly Hills Injury Firm will fight for your rights and strive to obtain the highest possible settlement for you.

Types of Damages for Victims of Truck Crash Injuries

There are multiple forms of compensation that may be awarded to victims of Truck Accidents:

Medical Costs: Immediate and ongoing medical treatment, operations, therapy, medications.

Loss of Earnings: Payment for time off the job, and reduced earning capacity in the future.

Pain and Suffering: Physical suffering, mental pain, emotional distress.

Property Repair: or replace your vehicle and personal belongings.

Wrongful Death: If a family member dies, money to pay for funeral costs, loss of companionship and support.

Punitive Damages: If gross negligence and/or willful conduct is proven.

During the entire process, Beverly Hills Injury Firm will fight for your rights
and strive to obtain the highest possible settlement for you.

FAQ's

What agency oversees the trucking industry in California?

The Federal Motor Carrier Safety Administration FMSA regulates the Amount of Weight that Trucks can Carry Nationwide, while California has its own laws on the subject.

If the driver was an independent contractor, can I sue the trucking company?

Yes, if the circumstances warrant it. Even if you’re an independent contractor, your actions may fall under a company’s liability if you were performing work on its behalf or under its control.

What happens if I was in part to blame for the accident?

In a comparative negligence state like California, you can still recover damages, but your award will be reduced by your percentage of blame.

What is the value of my truck accident case?

All of these factors are considered in evaluating the worth of your case: the nature and extent of your injuries, liability and your losses. One of our lawyers will be able to offer a personalized quote on receipt of your file.

What type of evidence is considered the backbone of a truck accident case?

Driver logs, black box data, maintenance records, surveillance footage and eyewitness testimony can all be important.

Navigating the Legal Process

Working with a law firm such as Beverly Hills Injury Firm for your truck accident lawsuit means that you are represented by an expert in the law relative to California. Our lawyers are known for their exceptional abilities and dedication to achieving the best results possible for our clients throughout our state.

If you have been involved in a truck accident in California, contact Beverly Hills Injury Firm for personalized legal service. We are experts in truck accident cases and we will fight to help you preserve your rights and get you the maximum compensation you are entitled to.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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