Truck accidents are a common phenomenon in California. Truck accidents are often more severe than other vehicle accidents as trucks are large and weigh heavily when fully loaded. Trucks can cause significant damage in a collision, and parties involved in a truck accident can suffer severe injuries or even death.
If you or a loved one gets in a truck accident, you can seek compensation for the injuries you incur. Dealing with insurance companies while recovering from your traumatic truck accident can be frustrating, and the process can also be complex as it may involve multiple parties. That said, it would be best to hire a Moreno Valley truck accident lawyer at Crockett Law Group to fight for your interests.
We are knowledgeable about truck accident liability laws and have experience dealing with insurance companies. Working with our truck accident lawyers will make it easier to navigate your truck accident claim and determine the party at fault to get you the compensation you deserve. Call us today (800) 900-9393 to book your free consultation with a Moreno Valley auto accident lawyer.
Truck Accident Statistics
Truck accidents remain a prevalent issue in California, which is among the states with the highest number of fatal truck accidents in the US.
According to the California Highway Patrol, in 2017, 367 people were killed in truck crashes, and 9,710 were injured. California averages about 113 fatal truck crashes every year.
In 2019, the US department of transportation’s FARS reported 4,119 deaths in truck crashes. FARS data showed that 15% were bicyclists, pedestrians, and motorcyclists, 16% were truck occupants, and 67% of the deaths were other vehicle occupants.
What to Do After a Truck Accident
Getting in a truck accident is a traumatic and scary experience. After getting in a truck accident, what you do may affect how much compensatory damages you receive. We recommend you follow these steps:
If you are in a truck accident, ensure that you and the other parties are safe and call 911. Ensure you also call the police to come and evaluate the accident scene and make a statement.
If you are not injured, ensure you help the other involved parties and await medical help.
Before leaving the accident scene, ensure you exchange information with the other party involved. The information you should exchange includes their address, license number, policy information and insurance company, the driver’s name and phone number, and contact information of their employer.
Document the Scene and Speak to Witnesses
After getting in a truck accident, ensure you document the accident scene. Take pictures of the injuries you may have suffered and any damage caused to your vehicle. Documenting the scene ensures you have proof of the severity of your injuries.
Ensure you speak to any witnesses present and note down their contact details should you need to reach them later. Their testimony will come in handy when filing your claim.
Seek Medical Attention
It is essential to seek medical attention after being in a truck accident. While you may not have suffered visible physical injuries, you may have internal injuries. Ensure you get a full-body check-up and follow the doctor’s orders.
Contact an Attorney
You must contact a Moreno valley truck accident lawyer. A truck accident attorney can negotiate with insurance companies on your behalf and represent you in court. Hiring a truck accident attorney allows you the chance to receive the compensation you deserve.
Laws Regarding Truck Accident Liability
In California, multiple parties can share a degree of fault in a truck accident that results in losses and injuries. Proving liability will involve strict liability or negligence. The California negligence law states that a truck driver found guilty of negligence can be held responsible for injuries and losses suffered by the other party. All drivers injured due to the truck driver’s negligence can file a personal injury claim, but they must prove the truck driver was negligent.
The California strict liability law states that manufacturers, designers, and other companies involved in the product’s chain distribution can be held liable if a truck accident results from a defective part. These entities can be held responsible whether or not they made the mistake that contributed to the truck accident. Strict liability claims are often based on faulty brakes, tires, engines, accelerator pedals, and cargo ties. Negligence is not a determining factor in strict liability.
How Can a Truck Accident Lawyer Help?
Truck accidents can be complex as they involve multiple parties, so pursuing them can be difficult, especially without legal help. Working with the Crockett Law group truck accident attorneys can make it easier to navigate your claim. Here is how truck accident attorneys can help:
Truck accidents often involve multiple parties, making it difficult to determine the party at fault. Our Moreno valley truck accident attorneys will work collaboratively with other experts to uncover the party responsible for the truck accident. Once we establish who is responsible for causing the accident, we will ensure they are held accountable.
Filing a Claim
Apart from helping you file your claim, truck accident lawyers will also work with other professionals to ensure your claim accounts for all the injuries and losses you suffered from the truck accident. We also prepare and compile all the information to help you build a strong case.
Our team of skilled lawyers has experience dealing with truck accident cases. We will conduct negotiations with the insurance company on your behalf to ensure they award you the compensation you deserve.
The Crockett Law Group truck accident attorney will help you navigate the legal process and help you create a strong case. We will ensure you submit your claim on time and follow the appropriate legal process.
What Types of Compensation Can I Receive?
While your claim’s worth will depend on your specific situation, the types of compensation you can receive are relatively the same for each case. The compensation you receive is meant to reimburse you for your losses. Here are the types of compensation you can receive in a truck accident in California:
Economic damages are a type of compensation you receive for the financial losses you incurred due to the accident. It includes medical expenses for your injuries, loss of earning capacity, lost wages, and even the cost of remodeling your home to accommodate your injury.
Non-economic damages are meant to compensate you for any intangible losses you may have suffered due to your truck accident. Non-economic damages include pain and suffering, emotional distress, disfigurement, scarring, and loss of enjoyment of life.
Punitive damages are rarely awarded, but if you receive punitive damages, they are meant to punish the defendant and discourage others from engaging in a similar activity. You have to prove that the party at fault acted with intent to cause harm or extreme recklessness.
How Much Is My Truck Accident Claim Worth?
There is no standard compensation that truck accident victims can receive. Each truck accident is different, meaning the compensation you receive will vary depending on the specific facts about your case. Contact the Crockett Law Group and let our truck accident attorneys help you determine how much your truck accident claim is worth. Some of the factors influencing how much your claim is worth include:
- Your injuries: The severity of the injuries you suffered and how they affect your lifestyle will determine how much compensation you receive.
- Medical expenses: Your past and future medical expenses will also help determine how much your claim is worth.
- Loss of income: This can also affect your claim’s worth, depending on whether you missed work due to your injuries.
- Pain and suffering: The amount of pain and suffering you will likely have to endure due to the accident can also be used to determine the compensation you receive.
What Is the Deadline for Filing a Claim in California?
If you get in a truck accident, it is essential to file your claim as soon as possible. In California, you have a two-year period from the time of your truck accident to file your claim. This period is also referred to as a statute of limitation. Failure to file your claim within the two years bars you from ever filing the truck accident claim in the future. If you have been in a truck accident, contact our Moreno valley truck accident attorneys to help you file your case on time.
How Is Fault for a Truck Accident Determined?
There are different ways to determine fault in a truck accident, and our Moreno Valley truck accident attorney can help you determine the responsible party. When multiple parties are responsible for a crash, it can be challenging to apportion fault and decide the correct amount of damages. In California, pure comparative negligence is applied in such a situation.
Comparative negligence is a system that helps determine the damages available to the victims and the relative liability of defendants. In pure comparative negligence, every defendant is liable for their percentage of fault. You can still recover damages even if you contributed to the accident, but your damages award will be reduced by your degree of fault.
Here are the elements needed to prove fault in a truck accident:
- Duty of care: Drivers must exercise the duty of care to avoid harming other road users. When truck drivers don’t uphold their duty of care, they breach their duty to other road users.
- Breach of duty of care: You will have to prove that the truck driver owed you the duty of care to establish fault. A truck driver is in breach of duty of care when their actions do not meet the standard duty of care they should accord you.
- Causation: You must demonstrate how the defendant’s actions caused the accident and your injuries.
- Damages: You also have to prove to the court that the inaction or actions of the driver caused resulted in your injuries or property damage.
Can a Lawyer Prove the Truck Driver’s Negligence?
Yes, truck accident lawyers can prove that a truck driver was negligent. Here are ways truck accident lawyers can prove a driver was negligent:
- Proving the driver did not meet their duty of care
- Proving the accident caused your injuries
- Failure of the driver to meet their duty of care directly resulted in the injury
Who Can Be Held Liable?
Other than a violation of state or federal regulations, multiple other factors can be used to determine fault in a truck accident. Here are parties that may be held responsible for causing a truck accident:
- Truck driver: The truck driver can be held responsible for causing a truck accident if their actions caused your injuries.
- Trucking company: If the trucking company has improper safety procedures, poses unsafe demands on the driver, or has incomplete inspections of equipment, they will be held liable.
- The company that loaded the truck: The loading company will be held accountable if the truck accident is due to overloading or improper loading.
- Vehicle or part manufacturer: If an accident occurs due to a defective vehicle part, the vehicle or part manufacturer will be held liable.
Common Causes of Truck Accidents
Several factors contribute to truck accidents in Moreno Valley, CA. Common truck accident causes include:
- Driver fatigue
- Distracted driving
- Reckless driving
- Drug use
- Improperly secured or overloaded freight
- Poorly trained or inexperienced truckers
- Negligent truck maintenance
- Equipment malfunction
- Poor road conditions
Consult Our Moreno Valley Truck Accident Lawyers Today!
Truck accidents can be severe and completely alter the course of your life. Going against insurance companies alone can be frustrating, especially when focusing on recovery. Crockett Law Group truck accident lawyers are here to help ensure you receive your rightful compensation for all the losses and injuries you may have suffered.
We have gotten back millions of dollars for accident injury victims in California and have won over 30 awards and honors in personal injury cases. We are 5-star rated and focus on auto accidents. Let us help you recover your rightful compensation. Call us (800) 900-9393 today to get your free consultation with a Moreno Valley personal injury attorney.