Because of their size and weight, commercial trucks pose a greater danger to other road users than normal passenger vehicles. When involved in an accident, trucks can cause severe injuries to both drivers and passengers and serious damage to other vehicles on the road.
If you’ve been in an accident with a big truck, dealing with the stress and trauma of pursuing a truck accident claim while nursing injuries is something that you don’t want to go through alone. As a truck accident victim, hiring a professional Irvine truck accident lawyer can help ensure that those whose actions led to you getting injured are held accountable for their actions or negligence.
At Crockett Law Group, we understand that you are facing an uncertain future, lost wages, and expensive medical bills, and would like to help you pursue the benefits you deserve for your pain and suffering. For help pursuing a truck accident claim in Irvine, fill out our free online form or call (800) 900-9393 now to schedule a meeting with a personal injury attorney in Irvine, CA.
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Truck Accident Stats in Irvine, California
The State of California has one of the highest numbers of life-threatening or severe truck accidents in the country per year – in fact, it comes a close second, right behind Texas, which holds the record for the most fatal truck accidents/year. According to reports:
- About 113 severe or fatal truck-related accidents happen every year in the state.
- Over 3,000 truck accidents in the state result in serious injuries
- Nearly 300 drivers lose their lives every year in truck-related accidents
- Most truck accidents in the state occur on the highways, i.e., the I-5, I-7, and I-10
According to these reports, truck accidents in California account for 11 percent of all car accident-related deaths in the state. The main reason why accidents involving trucks cause life-threatening or serious injuries is due to their weight and size. In California, the maximum gross weight for a truck to legally operate on Californian roads is 80,000 pounds. That’s quite substantial considering that ordinary passenger cars have an average weight of about 3,450 pounds.
What Should You Do After Being Involved in a Truck Accident?
If you’ve just been involved in a truck accident, then please note that there are a few measures that you should take to ensure that you protect your rights and improve your chances of receiving max compensation for your injuries and damages. Immediately after the accident, make sure you:
The first thing you need to do is call the police and inform them that you’ve been involved in an accident and wait for them to arrive. Once on the scene, the responding officers might ask you a few questions so be sure to answer them to the best of your knowledge. The information you provide will be used to compile an accident report that may be used in your case.
If you aren’t seriously hurt, take time to check on other victims of the accident and provide assistance where possible.
While still at the scene of the accident, kindly request those involved in the accident and those who witnessed it happen to provide you with their contact information. Write down their names, driver’s license, employer’s name, phone number, and other crucial details that you can use to reach them later.
Take Photos of the Scene
If you have a smartphone, make sure you take photos of the accident scene, injuries sustained, and damages caused to property. Also, make sure that you document everything relevant to the accident. Having photographic evidence of the accident can help build and solidify your case, increasing your chances of getting the compensation you deserve.
Get in Touch With a Professional Irvine Truck Accident Lawyer
As an accident victim, hiring a dependable and seasoned Irvine truck accident attorney immediately after the incident can prove to be very beneficial to your case. For help with your truck accident claim in Irvine, get in touch with Crockett Law Group now by dialing (800) 900-9393 to speak to one of our trusted attorneys for legal counsel and guidance.
What Are the Laws Concerning Truck Accidents in California?
In California, proving liability in truck accident claims involves one of two legal theories (or even both) – these are strict liability and negligence.
According to California negligence laws, truck drivers who are found guilty of negligence may be held accountable for damages and injuries caused to other road users. If you were injured in an accident caused by a truck driver’s negligence, then you are eligible to file an injury lawsuit against the driver. However, you will first have to prove that the driver who hit you was negligent.
In California, 3 elements are used to demonstrate negligence in truck accidents:
- The driver of the truck owed the victim a duty of care
- He or she breached their duty of care by being negligent
- The driver’s breach of care is what led to the victim getting injured or suffering loss
Duty of care refers to the basic legal requirement for each driver to be mindful of other road users and to use sensible caution while driving a truck.
California’s strict liability laws, on the other hand, dictate that manufacturers, designers, and any other party involved in the chain of distribution of a product can be held liable for an accident if it’s discovered that the accident was caused by a defective product. In strict liability cases, negligence isn’t a factor when trying to determine liability. Any of the entities mentioned above can be held liable for the accident regardless of whether or not they made a mistake the led to the crash.
How Can a Truck Accident Attorney Help?
There are lots of ways a professional Irvine truck accident lawyer from Crockett Law Group can help you with your claim. Here’s a look at some of the ways our attorneys can help you:
Sound Legal Advice
When it comes to cases involving trucks, you need to make sure that you know what you are doing, especially when it comes to identifying the at-fault party and filing a claim against them. The attorneys at Crockett Law Group have the experience and knowledge needed to guide you through all steps of the claims process.
In California, before you get compensated, you must first prove that the truck driver was at fault. Our attorneys can help make things easier for you by investigating your claim and gathering the evidence needed to strengthen your case.
Filing a Claim
Before negotiations even start, a compensation claim must first be filed. Filing a claim is something that demands both technique and time for the claim to be accepted. Our attorneys know what it takes to file truck accident claims and can help you avoid problems later.
Most compensation claims in California are typically settled out of court through negotiations with the other party’s attorneys. Our main aim is to ensure that you get well compensated for injuries and damages sustained without having to go to court. However, should negotiations fail, then please note that our attorneys are ready and willing to take the matter to court and battle it out in front of a judge.
In the event, negotiations fail, then the next step is to have the matter go to court. This is where you’ll need the help of an attorney. Our attorneys are ready to represent you in a court of law and will fight aggressively to ensure you receive the benefits you deserve for injuries sustained.
What Types of Compensation Can You Receive in Irvine, California?
Compensation in California is categorized into three main groups. These are:
Economic Damage Compensation
This compensation covers everything that can be calculated and seen. In short, it covers things that can be physically proven such as out-of-pocket expenses, rehabilitation costs, lost future income, lost income, property damage, medical bills, and others.
Non-Economic Damage Compensation
This compensation covers damages that can’t be quantified or seen. It covers everything that can’t be seen but the affected person experienced. Damages covered include loss of life enjoyment, trauma, and pain and suffering amongst others.
Punitive Damage Compensation
This type is awarded to victims as a means to punish the defendant for their negligence. Punitive damage compensation isn’t debatable and the amount to be paid is only determined by the judge presiding over the case.
How Much Is My Irvine, CA Truck Accident Claim Worth?
Accidents involving trucks tend to attract higher monetary compensation compared to other types of accidents. However, just because you were involved in a truck accident doesn’t mean that your case is worth much. Since no case is similar to another, the real value or worth of your claim will be determined by the specifics of your case and the injuries you sustained.
If you’d like to know how much your claim is worth, get in touch with Crockett Law Group today and let our experienced truck accident lawyers in Irvine, CA, help you determine your claim’s worth. Call (800) 900-9393 now to schedule a meeting with our attorneys and have your case reviewed for free.
Is There a Deadline for Filing Truck Accident Claims in California?
The statute of limitations for cases involving truck accidents in California is two years from the day the accident happened. That means that you have two years from the day you got injured to file your claim; failure to which you lose your rights to pursue compensation. If the claim is against a local, state, or federal government agency, then you only have 6 months from the day the accident happened to file your claim.
How’s Fault in Truck Accident Claims Determined?
Cases involving truck accidents are amongst the complicated as they typically involve several parties and usually have many factors that need to be considered. To determine fault, investigations have to be done to identify the person responsible for the accident. This process isn’t always straightforward, which is why you are advised to speak to a professional and experienced Irvine truck accident lawyer and have them help you investigate the matter to determine who’s at fault.
Can an Attorney Prove That the Driver of the Truck Was Negligent?
The short answer is yes. However, for your attorney to prove that the driver acted negligently, he or she must first prove the following:
- The truck driver breached their duty of care. Truck drivers are expected to do everything in their power to prevent accidents to avoid putting the lives of other road users at risk.
- The truck driver’s breach of duty of care is what led to the injury-causing accident. Your lawyer will then have to prove that the truck driver’s actions are what led to the accident.
- Your injuries are a result of being involved in the accident. Finally, your lawyer will have to link your injuries to the collision caused by the truck driver.
Who Can Be Held Liable in a Truck Accident in California?
Since many things can cause a truck accident, all those who play a role in the operation and use of a truck are prone to be held responsible for a truck accident. People or entities most likely to be held liable for a truck accident include:
- The driver: The person operating the truck can be held liable for the accident if they acted negligently and breached their duty of care.
- The trucking company: The company that owns the truck could be held liable if it’s determined that they were negligent, e.g., they didn’t maintain their trucks often and properly, they hired inexperienced drivers, they cut corners, they pushed the driver beyond their limit by pushing them to meet unrealistic expectations.
- The cargo loaders or manufacturers: When loading cargo on a truck, it must be well secured and positioned to avoid accidents. If a truck causes an accident due to cargo problems, then the company that loaded the cargo could be held responsible.
- Part or vehicle manufacturers: A part or vehicle manufacturers could also be held liable for a truck accident if it’s determined that the accident was caused by a faulty vehicle or part.
Common Causes of Truck Accidents
Common causes of truck accidents in Irvine, California include:
- Driving while under the influence
- Reckless driving
- Inadequate training and experience
- Poor truck maintenance
- Poor road condition
- Improper lane switching or turning
- Not giving enough stopping or turning space
Let an Experienced Irvine Truck Accident Lawyer Help You with Your Claim
If you’ve been involved in a truck accident and need help pursuing a claim against the responsible party, give Crockett Law Group a call today for legal counsel and representation you can trust. There’s a reason why we are the go-to law firm in Irvine – and that’s because we have your best interests at heart.
If you believe you have a claim to pursue, then all you need to do is call us and schedule a free initial consultative meeting with our attorneys for a free case review and legal counsel on what steps to take next. At Crockett Law Group, we work on a contingency fee basis, meaning that we don’t get paid until we’ve won the case. For personalized legal services, call (800) 900-9393 today.