If you recently suffered catastrophic brain damage, permanent paralysis, or another type of debilitating injury in a trucking accident, you may be overwhelmed, confused, and worried about what the future may bring. Fortunately, you will not be expected to cover the costs of these injuries on your own when someone else is at fault. With the support of a respected San Clemente truck accident lawyer from Text Kevin Accident Attorneys, you can fight for the reasonable compensation you deserve.
Our team will conduct a comprehensive investigation so we can determine how your collision occurred, who should be sued, and which legal options are available based on the specific details of your case. When you have our San Clemente personal injury lawyers advocating for your rights, you can build the solid foundation you need for a brighter tomorrow. Find out more about how much you could be awarded and who could be named in your insurance and civil claims when you contact our law office to schedule a 100% free consultation.
San Clemente Truck Accident Statistics
San Clemente is no stranger to motor vehicle accidents. With over 63,000 residents, it should come as no surprise that there are often hundreds of truck, motorcycle, pedestrian, bicycle, and car accidents across the city and surrounding communities. According to the California Office of Traffic Safety’s Crash Ranking Results from 2021, there were:
- 72 arrests for driving under the influence (DUI)
- 16 collisions involving alcohol
- 11 pedestrian accidents
- 16 speeding accidents
- 9 motorcycle accidents
- 12 hit-and-runs
- 19 bicycle accidents
- 16 accidents that occurred at night
- 141 total accident-related fatalities and injuries
Which Roads and Intersections in San Clemente Are the Most Dangerous?
Navigating San Clemente’s roads and intersections can be challenging even for residents who travel these roads every day. When you are driving in and around the San Clemente region, it is especially important to be cautious of the following areas:
- Lampson Avenue at Haster Street in Garden Grove
- Alicia Parkway at Jeronimo Road in Mission Viejo
- Rosecrans Avenue at Gilbert Street in Fullerton
- Chapman Avenue at Harbor Boulevard in Fullerton
- Commonwealth Avenue at Chapman Avenue in Fullerton
- Raymond Avenue at Chapman Avenue in Fullerton
- Euclid Street at Orangethorpe Avenue in Fullerton
- Commonwealth Avenue at Harbor Boulevard in Fullerton
What Should I Do After a Truck Accident in San Clemente?
Building a powerful case from the start is crucial if you hope to maximize your compensation. Here are some of the most important steps you should be prepared to take:
- Call 911 for help
- Document the truck accident scene
- Call a truck accident attorney in San Clemente, CA
- Get medical attention and treatment for your injuries
Tip
Be prepared to file a claim with the insurance company. California follows fault insurance laws under California Insurance Code – INS § 11580.1, so you will initiate the claims process by filing a claim with the liable party’s insurance provider instead of your personal auto insurer.
We’ll Fight to Recover Compensation for All of Your Truck Accident Injuries
Truck accident injuries can take many forms depending on how fast the vehicles were traveling, the cause of the accident, which parts of each vehicle were struck, and other factors. Some of the most common injuries our San Clemente truck accident clients have reported include:
- Spinal cord injuries
- Fractured bones
- Traumatic brain damage
- Neck injuries
- Bone breaks
- Whiplash
- Amputations
- Paralysis
- Concussions
Pro Tip
Keep detailed records of the various ways your daily life is being affected by your truck accident injuries. Since the amount of compensation you can recover will correlate with the severity of your injuries, if we have evidence to support the traumatic impact your injuries have had on your life, the jury may be more willing to offer you fair compensation for your non-economic damages.
How Much Does It Cost to Hire a Truck Accident Lawyer?
The cost of hiring a car accident lawyer in San Clemente will vary widely depending on the complexity of your personal injury claim. In accordance with Rule 1.5 Fees for Legal Services by the State Bar of California, our contingency fees are never greater than 40% of whatever you recover. We only get paid if we win so you are never jeopardizing your hard-earned savings in your pursuit of justice.
Can I Recover Compensation if I Share Some of the Blame for a Truck Accident in San Clemente?
Even if you share blame for the accident, you can still be awarded compensation. Since California is a pure comparative fault state per California Civil Code 1714, there is no limit to the amount of liability you can share. However, keep in mind that your settlement will be reduced proportionately. If you are 40% at fault, expect to recover just 60% of your award.
Local Results
Detainee Received $1,045,000 Settlement for Head Injury During Police Car Accident While Being Transported in Los Angeles
Case Type | Car Accident |
Location | California |
Settlement | $1,045,000.00 |
What Causes Truck Accidents in San Clemente, CA?
We need to figure out the cause of your accident to determine who is at fault. Commercial trucking accidents are often caused by negligent driving behaviors, such as:
- Distracted driving
- Failure to yield
- Speeding
- Drunk driving
- Drowsy driving
- Aggressive driving
Note
Negligent driving is not the only cause of 18-wheeler accidents. Your collision could also have been caused by dangerous road conditions or malfunctioning auto parts. Our team will be able to uncover the truth once we have completed our intensive investigation.
Life is better now!
Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.
My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).
“OH” and can’t forget, His support team gets 5 stars as well.
Thank you Kevin, Thank you!
Rob Peltier
San Clemente, CA Accident
San Clemente Truck Accident FAQs
Trucking companies are most often sued for damages when they hire irresponsible truck drivers or fail to perform their due diligence during the hiring process. Trucking companies have an obligation to examine the employment history, driving record, and drug test results of potential truckers before offering them employment. When they fail to do so, they could be held accountable for a portion of your damages. Trucking companies can also be named in your personal injury lawsuit when they fail to make necessary safety repairs to their big rig fleet.
Punitive damages are not awarded in every truck accident case. The California exemplary damages statute under California Civil Code Section 3294 states that they can only be issued if the defendant’s conduct warrants further punishment. This may be necessary if their actions were intentionally harmful, willfully malicious, egregious, or grossly negligent. Never expect punitive damages to be awarded, as they are not considered a compensatory loss. However, if punitive relief is issued, you could expect your settlement to dramatically increase.
There may be multiple parties who could share liability for your trucking accident depending on how the collision occurred. You may already know that you can file a claim against the trucking company, but other parties could also be partially at fault. Of course, the truck driver who hit you will likely be included in your insurance and civil claims. However, other third parties who could share culpability include:
- Cargo loaders
- 18-wheeler parts designers, distributors, and manufacturers
- The owner of the big rig
- Safety inspectors
- Dram shops that violate California Business and Professions Code 25602.1
- Commercial truck dealerships
The Federal Motor Carrier Safety Administration (FMCSA) is a government agency that oversees the maintenance and operation of commercial trucks across the United States. There are multiple FMCSA rules and regulations that could have an impact on the results of your case. First, there are the hours of service regulations. If the truck driver who hit you violated 49 CFR 395, both the truck driver and the trucking company who hired them could be held liable. There are also regulations regarding weight restrictions. If the truck that caused the collision was in violation of the Federal Highway Administration (FHA) Compilation of Existing State Truck Size and Weight Limit Laws, you may have the right to take legal action against the trucking company, cargo loaders, and other relevant third parties.
The exact amount of time you have to file your San Clemente truck accident lawsuit will vary depending on when your collision occurred and other extenuating circumstances. Typically, the personal injury statute of limitations will expire two years after the date of the accident. Under California Code of Civil Procedure § 335.1, if your lawsuit is not filed before the deadline, the court system will simply refuse to set a trial date. If you believe the statute of limitation should have been paused in your case because you were dealing with delayed injuries, a minor was injured, or the individual responsible for causing the accident left the state, be sure to discuss your concerns with your truck accident attorney.
Contact Our San Clemente Truck Accident Attorneys Today for Legal Help
Few accidents are as debilitating as those involving commercial trucks, 18-wheelers, big rigs, semi trucks, and other massive motor vehicles. If you have suffered critical injuries after being struck by a commercial truck, you may have the right to full compensation for your damages and suffering. With the legal support of a high-powered San Clemente truck accident lawyer from Text Kevin Accident Attorneys, you can demand the at-fault party be brought to justice.
Do not let negligent trucking companies and irresponsible truck drivers get away with their reckless behavior. Make them pay for the total value of your losses when you take legal action against them by filing a claim with the insurance company, bringing your case to trial, or both. Our firm offers zealous legal advocacy when you need us most. Fill out our secured contact form or call our office to schedule your free, no-obligation consultation as soon as today.
San Clemente FAQs
Your vehicle may be totaled after a commercial trucking accident. If your vehicle has serious body damage, you may be able to visit one of the following auto repair shops for assistance:
1. Auto Repair of San Clemente
www.autorepairofsanclemente.com
2. San Clemente Auto Service
3. Fix Auto San Clemente
Auto insurance is mandatory across the state according to the California Department of Insurance. Here are some of the most reputable auto insurance providers in the San Clemente region:
- Divel Insurance Agency
- San Clemente Insurance Services
- Caitlin Ferraro – State Farm Insurance Agent
- Farmers Insurance – Lisa Newell
- General Insurance Services
- Three County Insurance
- Bearbower Insurance Agency
- Chris Dolkas – State Farm Insurance Agent
- Greg Rosalino – State Farm Insurance Agent
- Unity One Insurance
After suffering the trauma of a commercial truck accident, you may require emotional support. Consider visiting one of the following top-rated mental health counselors in and around San Clemente, California:
1. San Clemente Psychological Services
629 Camino De Los Mares Ste 207
Located in Plaza De Los Meres
2. Balanced Growth Counseling
Located in LA PLAZA
3. Holder Wellness
Located in Kehoe Plaza