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The severe injuries and significant damages often resulting from trucking accidents make it difficult for victims to recover fair compensation. Due to the financial burden these cases place on insurance companies, recovering fair compensation will be challenging.
At Attorney Jeff Car Accident Lawyer, we bring years of experience investigating truck accidents, holding negligent parties accountable, and getting our clients the maximum compensation.
Schedule a free consultation or call our Fresno office at (559) 900-3076 to learn how we can maximize your truck accident claim.
The Unique Setbacks of Truck Collisions
Large truck accidents differ from regular car crashes in significant ways. Due to their size and weight, commercial truck accidents cause more severe injuries and greater property damage than smaller passenger vehicle accidents. This will affect the outcome of a case in the following ways:
- Federal and state regulations will directly impact the truck accident claim
- Holding all liable parties accountable (trucking company, truck driver, other drivers) will be difficult
- Long-term ailments from catastrophic injuries will affect the ability to work
- Medical bills will be substantial, with the potential to put victims into debt
- Physical and mental pain and suffering will impact overall well-being
- Recovering financial compensation will be challenged by the insurance companies
Following a truck crash with big rigs, tractor-trailers, semi-trucks, and other commercial vehicles, it’s crucial to at least consult with a personal injury law firm (if not ready to hire) that understands the complexities of dealing with the trucking companies and can handle the challenges that come with these types of cases.
If you’ve been injured in a commercial vehicle accident in Fresno, CA, contact our experienced truck accident lawyers for a free consultation to discuss how we can get you the maximum settlement for your serious injuries and other damages.
Who Is at Fault in a California Truck Accident?
Truck accident cases are particularly unique because multiple parties may have played a role in causing the crash. As a result, determining liability in a truck accident is more complicated than a typical car accident case. Potentially responsible parties include:
- Loading and Shipping Companies: Improperly loaded cargo can destabilize a truck, leading to jackknifes, rollovers, or cargo spillage, putting the loading company at fault.
- Maintenance Contractors: Third-party mechanics responsible for repairs or vehicle inspections can be held accountable for negligent maintenance.
- Truck Drivers: Truck operators may be at fault if they were speeding, driving while fatigued, distracted, under the influence, or violating the Federal Motor Carrier Safety Administration’s hours-of-service rules.
- Trucking Companies: Employers can be held liable for negligent hiring practices, poor training, inadequate supervision, or failing to uphold state or federal regulations.
- Vehicle or Parts Manufacturers: If a manufacturer or supplier provided faulty parts such as defective brakes, tires, or steering components, they may be held liable.
At Attorney Jeff Car Accident Lawyer, our truck accident attorneys possess the knowledge and resources to identify who is at fault, ensuring that all appropriate parties are held financially liable.
Common Causes of Truck Accidents in Fresno
Negligence is frequently the root cause of truck accidents, which can be attributed to multiple factors, including human error, mechanical failure, and regulatory violations. Common examples include:
- Distracted driving (texting, eating, using a GPS)
- Driver fatigue due to hours-of-service violations and sleep deprivation
- Driving under the influence of drugs or alcohol
- Equipment failure or brake issues
- Failure to hire professional truck drivers
- Improper loading practices (overloading, failing to secure cargo)
- Inadequate maintenance and inspections
- Overloaded or poorly secured cargo
- Negligent driving from another vehicle (improper lane changes, running red lights)
- Speeding and aggressive driving
- Violations of federal trucking regulations
Our truck accident attorneys partner with accident reconstructionists, use black box data, and examine trucking logs to determine what caused the crash and establish liability. Based on the cause of the accident, it can be determined if the trucking industry, the truck driver, or another party is liable for damages.
Evidence to Prove Liability in Truck Accident Cases
At the Fresno law offices of Attorney Jeff Car Accident Lawyer, our experienced truck accident attorneys possess an in-depth knowledge of California’s traffic laws and a commitment to uncovering the facts, which play a pivotal role in holding the at-fault parties accountable.
We will conduct a thorough investigation to identify all liable parties, as the trucking company, the truck driver, and other parties may be responsible. This process includes gathering and preserving various evidence before it is lost or altered, such as:
- Black box (ECM) data: This data recorder logs a vehicle’s speed, braking, and hours of operation, ultimately indicating any actions (or inaction) taken by the truck driver prior to the crash.
- Cell phone records: These records can be utilized to determine if any of the involved drivers were using their cellphones when the collision occurred.
- Driver logs: Driving periods and rest breaks are required in California and must be documented in a logbook. Sometimes, a truck driver bypass breaks to reach a destination quicker, or the employer will insist that they be skipped.
- Surveillance video and photos: Collected from dashcams or nearby businesses, images of the accident scene showcase how the truck crash occurred.
- Truck inspection reports: These documents detail any problems the vehicle experienced and when the trucking company resolved those issues–if they were resolved.
- Other documentation: Similar to typical car accident cases, police reports, medical records, and witness statements will also be valuable to a truck accident case.
To secure such valuable evidence, our law firm promptly sends preservation letters and subpoenas to any involved parties. Additionally, our Fresno truck accident lawyers immediately issue spoliation letters to deter any modification or destruction of vital evidence.
California Laws Affecting Truck Accident Claims
California’s legal system has numerous trucking statutes, codes, and regulations that may affect the outcome of a case. If you’ve been injured in a commercial truck accident, legal guidance from an experienced personal injury attorney well-versed in California trucking laws and the Federal Motor Carrier Safety Regulations (FMCSRs) will be crucial.
The California Vehicle Code
The California Vehicle Code (CVC) outlines specific rules for commercial truck drivers, such as restrictions on speed limits, lane use, and hours of service. Violations of these codes—such as speeding in a construction zone or improperly merging—can be used as evidence of negligence.
The Federal Motor Carrier Safety Administration
All interstate commercial trucks are subject to Federal Motor Carrier Safety Administration (FMCSA) rules. These include:
- Cargo securement
- Compliance, Safety, and Accountability (CSA) program
- Driver qualifications
- Hazardous materials
- Hours of Service (HOS) restrictions
- Pre-employment checks
- Record keeping
- Required drug and alcohol testing
- Vehicle maintenance standards
Negligence can be established if it can be proven that the trucking company disregarded any of these regulations.
Comparative Fault in California
California uses a pure comparative negligence rule (Civil Code Section 1714). Therefore, even if the injuries suffered were partially due to the claimant’s own negligence, compensation may still be recovered.
Can I Recover Compensation if I am Partially at Fault?
Yes, even if you share some responsibility for a personal injury accident, you are still entitled to recover compensation. However, the awarded amount will be decreased by your assigned degree of fault.
Example: If you are awarded $100,000 in damages but are found 10% at fault, you will still receive $99,000.
Common Truck Accident Injuries
Because of the size disparity between passenger vehicles and 18-wheelers, tractor-trailers, or other large commercial trucks, after a truck accident, the resulting injuries can be severe or life-altering. Common truck accident injuries typically include the following:
- Amputation
- Broken bones
- Burns and disfigurement
- Facial fractures
- Fatal injuries leading to wrongful death claims
- Head injuries and Traumatic Brain Injuries (TBIs)
- Internal bleeding and organ damage
- Neck injuries and back injuries
- Scarring and disfigurement
- Spinal cord injuries and paralysis
The suffered injuries from semi-truck accidents, big rig accidents, and other commercial vehicle accidents can affect every part of a victim’s life—physically, emotionally, and financially. Our compassionate truck accident lawyers assist injured clients in accessing the proper medical care they need while pursuing compensation on their behalf.
Compensation Available in a California Trucking Accident Case
To accurately assess the total damages from a truck accident, our personal injury lawyers collaborate with medical professionals, economists, and life care planners. This detailed evaluation is essential, as insurance companies frequently underestimate claims, reducing the compensation owed to victims. The following damages can be recovered from accidents involving trucking companies and their drivers.
Economic Damages
This is a form of measurable losses with a monetary value. Receipts, bills, and other invoices can be used to calculate and verify them.
- Current medical expenses
- Future medical bills
- Lost wages and loss of earning capacity
- Physical rehabilitation and therapy
- Property damage
Economic damages are intended to compensate for immediate financial losses and return the injured party to their financial standing before the injury.
Non-Economic Damages
This is a form of intangible losses with no monetary value, making it difficult to quantify. Compensation is based on a jury’s evaluation of how the accident affected the victim’s overall well-being.
- Disfigurement
- Emotional distress
- Loss of companionship
- Pain and suffering (physical and mental)
Non-economic damages should compensate for the negative impact the truck accident has caused to the victim’s well-being, quality of life, and emotional health.
Punitive Damages
Rather than award the victim, these damages are intended to punish wrongdoers for particularly egregious negligence and prevent similar misconduct in the future.
Punitive damages are granted in addition to actual damages, and the award is generally at the court’s discretion.
How Long Do I Have to File a Truck Accident Lawsuit in California?
California’s statute of limitations allows two years from the date of a truck accident resulting in personal injury to file a claim for damages. However, there are some exceptions, which can reduce or extend this timeframe:
- Government Vehicles: If a government-owned truck was involved, the filing period is reduced to just six months.
- Minors or Delayed Discovery: If minors are involved or there is delayed discovery of injuries, the standard filing period might begin at a later date.
Regardless of the amount of time to file, it is crucial to initiate the claims process promptly. This ensures the preservation of any available evidence, as it is not uncommon for black box data and surveillance footage to be lost shortly following the crash. Additionally, memories fade, and defendants become harder to locate.
Do I Need to Hire a Fresno Truck Accident Attorney?
No, hiring a truck accident lawyer is not strictly necessary, but there will be obstacles during the claims process. Experienced legal representation significantly eases any difficulties that may arise, allowing victims to focus on what matters most: their recovery.
The experienced Fresno truck accident attorneys at Attorney Jeff Car Accident Lawyer are prepared to handle your insurance claim and protect your rights throughout the entirety of the legal process. Our services include:
- Recover Maximum Compensation: Managing communications and negotiations with insurance companies to obtain the highest settlement
- Access to the Top Medical Care: Partnering with leading medical professionals in Fresno, CA to ensure clients receive the best treatment
- Case Strengthening Resources: Collaborate with expert witnesses, like accident reconstructionists, to prove fault and medical professionals to demonstrate the severity of injuries
- Compile Evidence: Preserve and collect relevant evidence, including police reports, witness statements, and truck maintenance logs
- Accurate Assessment of Damages: Calculate the full extent of damages, including medical expenses, lost wages, pain and suffering, and property damage
- Trial Experience: File a truck accident lawsuit and provide court representation to recover losses, if litigation becomes necessary
- Why Choose Attorney Jeff Car Accident Lawyer?
Our Fresno personal injury law firm has years of experience successfully representing victims, and we can help you. After an accident, Jeff’s got you and offers the following benefits:
Years of Truck Accident Experience
Award-Winning Legal Advocacy
No Upfront Legal Fees—You Pay Only If We Win
Access to the Top Medical Care in Fresno
We offer personalized legal strategies tailored to each client’s unique circumstances on a contingency fee basis, so no upfront legal costs and zero fees unless we win your case.
Schedule a free consultation today to discover how we can maximize your personal injury claim.
Other Personal Injury Cases We Handle
Alongside truck accident claims, we represent clients in the following practice areas:
- Bicycle Accidents
- Car Accidents
- Dog Bites
- Motorcycle Accidents
- Pedestrian Accidents
- Personal Injury
- Slip and Fall Accidents
- Uber Accidents
- Lyft Accidents
- Workers’ Compensation
- Wrongful Death Accidents
We also serve the surrounding cities of the greater Fresno County area, including Clovis, Del Rey, Madera County, Selma, Tranquility, Parlier, Kingsburg, Auberry, Orange Cove, and Riverdale.
Free Consultation with Fresno Personal Injury Law Firm
It is important to seek proper legal guidance from a skilled truck accident lawyer to prevent insurance companies from unjustly reducing the value of a truck accident claim.
Let us protect your rights and fight for the compensation you deserve. Reach out now to schedule your free, no-obligation case evaluation.
Address:
44 P Street, Suite 304
Fresno, CA 93721
Phone Number: (559) 900-3076
Attorney Jeff Car Accident Lawyer’s Other Locations
Our personal injury lawyers offer complimentary case evaluations at all of our Southern California law offices. You can contact us at any of our locations at your convenience.