In California, you have the right to sue for compensation if you or a loved one is injured or killed in a truck accident. However, you should never try to negotiate with insurance companies or accept a settlement offer without having an experienced California truck accident lawyer review your situation first.
The experienced California personal injury lawyers at J&Y Law Firm have helped thousands of California truck accident victims get the compensation they deserve. When you work with us, we will handle all the details of your claim and fight to get you meaningful compensation. Contact our office today to learn more about your legal options through a free case review.
Securing Fair Compensation After a Truck Accident Can Be Difficult Without an Experienced Truck Accident Lawyer in California
Truck companies are mandated to have substantial insurance policies for their vehicles. However, it may come as a surprise that trucking and insurance companies profit by underpaying or denying millions in rightful compensation to victims for medical bills, suffering, lost income, and related costs.
Getting the money you deserve after a truck accident can be a difficult and time-consuming process, especially if you are trying to focus all of your energy on recovery. It can also be hard to tell when you are being lowballed when talking about the different types of personal injury damages.
That is why it is highly recommended that you choose a truck accident lawyer in California with a history of fighting against the trucking and insurance companies and winning.
Commonly Liable Parties in Truck Accident Cases
Many parties can hold a level of liability after a trucking accident. An experienced California truck accident attorney can help you identify all the parties that may owe you compensation for your damages. Some of the most commonly liable parties in these cases include:
- The semi-truck driver
- The trucking company
- The truck manufacturer
- A parts manufacturer
- The company responsible for the maintenance of the truck
- The party that loaded the truck
- A third-party driver who caused the crash to occur
When you secure experienced legal representation, your attorney will be able to help you determine all parties that could owe you money for your damages. Once you know who is responsible for your losses, you can take legal action to recover the compensation you deserve.
What an Experienced Truck Accident Attorney Can Do to Help
Truck accident claims are complicated and often involve several parties, including the truck driver, the trucking company, other motorists, and insurance companies. An experienced truck accident attorney can sort through the details, identify the responsible party or parties, and get you the compensation you deserve.
When injured in a truck accident, it is vitally important to retain and get guidance from an experienced truck accident lawyer. Don’t let yourself become the victim of someone else’s negligence.
Let our firm handle all the details of your personal injury claim while you focus on healing from your injuries. If you choose our team to represent you, your attorney will:
- Investigate the accident site.
- Obtain and review the police report.
- Identify and interview witnesses.
- Subpoena the truck driver’s GPS data and review their driving record.
- Subpoena the trucking company’s maintenance logs and personnel records.
- Collect medical evidence to document your injuries and treatment.
- Negotiate a fair and just settlement with insurance companies and opposing counsel.
- File a truck accident lawsuit if necessary.
Damages a Truck Accident Attorney Serving California Can Help You Recover
After a truck accident, there are several types of damages you will likely be able to secure. Every truck accident case is different, and the damages you can recover will depend on the specific details of your case.
An experienced truck accident lawyer serving California can help you identify all the compensatory damages you are eligible to pursue and determine whether punitive damages apply.
All compensatory damages can be divided into the subcategories of economic and non-economic damages.
Economic Damages
All the damages resulting from your accident that directly impact your finances belong in the category of economic damages. Economic damages cover not only the money you were forced to spend but also any income you were prevented from earning as a result of your accident. Common economic damages that may apply to your case include:
- Medical expenses: These include costs for hospital stays, surgeries, doctor visits, medications, and any other healthcare services related to the accident.
- Rehabilitative costs: Expenses for physical therapy, occupational therapy, and other forms of rehabilitation needed to recover from injuries sustained in the accident.
- Future medical bills: Projected costs for ongoing medical care that may be necessary due to long-term or permanent injuries.
- Lost wages: Income lost due to the inability to work while recovering from the accident-related injuries.
- Lost earning potential: The reduction in future earning capacity if the injuries result in a long-term or permanent disability that limits the victim’s ability to work.
- Property damage: Costs to repair or replace property damaged in the accident, such as a vehicle.
Non-Economic Damages
Meanwhile, non-economic damages focus on the losses you suffered that affected your quality of life. Because non-economic damages are often irreplaceable, the financial compensation for these losses can be significant. Common non-economic damages that may apply to your case include:
- Pain and suffering: Pain and suffering is compensation for the physical pain and discomfort experienced due to the injuries sustained in the accident.
- Emotional distress: Reimbursement for the psychological impact of the accident, including anxiety, depression, and other emotional difficulties.
- Mental anguish: Compensation for the severe emotional trauma and mental suffering resulting from the accident.
- Permanent disability: Damages awarded for the long-term or permanent physical limitations caused by the accident, affecting the ability to perform daily activities or work.
- Scarring and disfigurement: Compensation for the lasting physical changes and cosmetic impacts, including scars and disfigurement.
- Loss of enjoyment of life: Reimbursement for the diminished ability to enjoy daily activities and hobbies that were once a significant part of your life.
- Loss of consortium: Compensation for the impact of the injuries on personal relationships, including the loss of companionship, affection, and support from a spouse or family member.
Punitive Damages
Punitive damages are not awarded as a means of compensating an accident victim for their losses. Instead, these damages are meant to serve as a means of punishing the liable party for their actions. Punitive damages are only awarded in a small percentage of truck accident cases.
For a judge to consider punitive damages, the at-fault party must have acted with the intention of causing harm or been criminally negligent in their actions or inaction.
Options if Your Loved One Was Killed in a Commercial Truck Accident
If a family member has died in a truck accident, recovering compensation can be essential. While money might not be the first thing on your mind following the death of a loved one, recovering damages can be critical for covering your expenses and rebuilding your life, especially if the deceased was the primary earner in your household.
Following the death of a loved one, our experienced California wrongful death lawyers can help you file a wrongful death lawsuit to obtain compensation for final medical expenses, funeral and burial costs, and other losses. We will stand by you during this difficult time and help you find justice and peace of mind.
Proving Negligence in a California Truck Accident Case
To recover compensation after a big-rig accident, you will either need to prove that the liable party acted with the intention of causing harm or that they were negligent in their actions or inaction. To prove negligence, you will need to establish the presence of four elements.
Duty of Care
The first thing you will need to do is show that the liable party owes you a duty of care. This step is pretty straightforward in semi-accident cases but will depend on who you are pursuing a claim against.
If you are attempting to recover compensation from the driver, the duty of care is clear. All drivers on the road owe everyone around them a duty of care to use reasonable caution to ensure the safety of everyone on the road.
When it comes to claims involving a trucking company, there is a clear duty of care to be upheld. These companies are responsible for ensuring that their drivers are adequately qualified, experienced, and trained to safely operate commercial vehicles on the roads. Furthermore, they are required to ensure that all the trucks in their fleet receive routine maintenance.
Breached Duty of Care
The next step in proving negligence is showing that the liable party breached their duty of care. The evidence you will need to prove a violation of a duty of care will depend on who you are filing a claim against and the manner in which they breached their duty of care.
When pursuing a claim against a truck driver, you may be able to prove a breach of their duty of care by showing that they were:
- Texting while driving
- Under the influence of drugs or alcohol
- Speeding
For personal injury claims against a manufacturer, presenting evidence that they cut corners in the manufacturing process or failed to conduct proper safety testing can be sufficient for proving a breached duty of care.
Damages
To recover compensation, you will need to show that you suffered damages. In most cases, your medical records, the related medical bills, and repair records for your vehicle will serve as clear evidence of the damages you incurred.
Causation
The final thing you will need to show is how everything connects. You need to prove that the damages you incurred were the direct result of the liable party breaching the duty of care they owed you.
An experienced legal professional can help present a compelling argument to the court that clearly demonstrates the connection between all these elements. Once you have established negligence, you will be well on your way to recovering fair compensation for your losses.
Settling Versus Going to Court
One of the biggest questions accident victims have when pursuing compensation after a crash is whether they are better off taking a settlement offer or going to court. While many factors can influence this decision, the truth is that the majority of accident cases are resolved through settlements, as they are typically in the best interest of all parties involved.
As the accident victim, taking a settlement deal means you will recover the money you need more quickly. Meanwhile, the trucking company and any other liable party can avoid any unwanted media attention that may accompany a trial. Furthermore, neither party has to worry about their fate being decided by an unpredictable jury.
However, sometimes, you are better off going to court. You should never take the first settlement offer you receive and should secure legal representation to review any offer you receive.
While your personal injury lawyers will work to negotiate a fair settlement deal, this is not always possible, and going to court is sometimes the only option for recovering the money you need.
Pay Attention to All Applicable Deadlines When Pursuing Compensation in California
When attempting to recover money from the at-fault party, it is critical that you familiarize yourself with all the deadlines that apply to your case. In California, the personal injury statute of limitations is two years. Failing to file all the paperwork required for your lawsuit before this cutoff date will likely result in the loss of your right to claim damages.
However, it’s important to note that this deadline is not set in stone, and certain conditions in your case can result in a longer or shorter filing period. Securing the services of an experienced truck accident attorney serving California is the best way to ensure that you are aware of the precise deadline for your case and that all your paperwork is filed on time.
Truck Accident Statistics
The Federal Motor Carrier Safety Administration (FMCSA) collects data about truck crashes in the United States. We have compiled data from the FMCSA from 1975 through 2021 (the latest available data) on all accidents involving large trucks in the United States to show some important points about truck safety.
As the graph shows:
- 1979 had the highest number of fatalities from truck accidents at 6,702
- There was a large drop in fatal truck accidents between 2008 and 2009 (4,245 vs 3,380)
- Most speculate that the economic crash of 2008 was the main cause of the drop in truck accident deaths that year
- Big rig accidents have been steadily rising since 2009
- There were 5,788 fatalities from truck accidents in 2021
- Most truck accidents happen at around noon-time
| Year | Motor Vehicles On The Road | Large Trucks On The Road | All Fatal Crashes | Total Fatalities in All Crashes | Total Fatalities in Large Truck Crashes |
| 1975 | 126,153,304 | 5,362,369 | 39,161 | 44,525 | 4,483 |
| 1976 | 130,793,242 | 5,575,185 | 39,747 | 45,523 | 5,008 |
| 1977 | 134,514,286 | 5,689,903 | 42,211 | 47,878 | 5,723 |
| 1978 | 140,374,064 | 5,859,807 | 44,433 | 50,331 | 6,356 |
| 1979 | 144,317,076 | 5,891,571 | 45,223 | 51,093 | 6,702 |
| 1980 | 146,845,134 | 5,790,653 | 45,284 | 51,091 | 5,971 |
| 1981 | 149,330,311 | 5,716,278 | 44,000 | 49,301 | 5,806 |
| 1982 | 151,147,755 | 5,590,415 | 39,092 | 43,945 | 5,229 |
| 1983 | 153,829,970 | 5,508,392 | 37,976 | 42,589 | 5,491 |
| 1984 | 158,899,717 | 5,401,075 | 39,631 | 44,257 | 5,640 |
| 1985 | 166,047,491 | 5,996,337 | 39,196 | 43,825 | 5,734 |
| 1986 | 168,545,286 | 5,720,880 | 41,090 | 46,087 | 5,579 |
| 1987 | 172,749,894 | 5,718,266 | 41,438 | 46,390 | 5,598 |
| 1988 | 177,455,476 | 6,136,884 | 42,130 | 47,087 | 5,679 |
| 1989 | 181,164,568 | 6,226,482 | 40,741 | 45,582 | 5,490 |
| 1990 | 184,275,422 | 6,195,876 | 39,836 | 44,599 | 5,272 |
| 1991 | 186,370,190 | 6,172,146 | 36,937 | 41,508 | 4,821 |
| 1992 | 184,937,848 | 6,045,205 | 34,942 | 39,250 | 4,462 |
| 1993 | 188,349,676 | 6,088,155 | 35,780 | 40,150 | 4,856 |
| 1994 | 192,497,438 | 6,587,885 | 36,254 | 40,716 | 5,144 |
| 1995 | 197,064,868 | 6,719,421 | 37,241 | 41,817 | 4,918 |
| 1996 | 201,630,659 | 7,012,615 | 37,494 | 42,065 | 5,142 |
| 1997 | 203,567,637 | 7,083,326 | 37,324 | 42,013 | 5,398 |
| 1998 | 208,076,469 | 7,732,270 | 37,107 | 41,501 | 5,395 |
| 1999 | 212,685,157 | 7,791,426 | 37,140 | 41,717 | 5,380 |
| 2000 | 225,821,241 | 8,022,649 | 37,526 | 41,945 | 5,282 |
| 2001 | 235,331,381 | 7,857,675 | 37,862 | 42,196 | 5,111 |
| 2002 | 234,624,135 | 7,927,280 | 38,491 | 43,005 | 4,939 |
| 2003 | 236,760,033 | 7,756,888 | 38,477 | 42,884 | 5,036 |
| 2004 | 243,010,550 | 8,171,364 | 38,444 | 42,836 | 5,235 |
| 2005 | 247,421,120 | 8,481,999 | 39,252 | 43,510 | 5,240 |
| 2006 | 250,844,644 | 8,819,007 | 38,648 | 42,708 | 5,027 |
| 2007 | 254,403,081 | 10,752,019 | 37,435 | 41,259 | 4,822 |
| 2008 | 255,917,664 | 10,873,275 | 34,172 | 37,423 | 4,245 |
| 2009 | 254,212,610 | 10,973,214 | 30,862 | 33,883 | 3,380 |
| 2010 | 250,070,048 | 10,770,054 | 30,296 | 32,999 | 3,686 |
| 2011 | 253,215,681 | 10,270,693 | 29,867 | 32,479 | 3,781 |
| 2012 | 253,639,386 | 10,659,380 | 31,006 | 33,782 | 3,944 |
| 2013 | 255,876,822 | 10,597,356 | 30,203 | 32,894 | 3,981 |
| 2014 | 260,350,938 | 10,905,956 | 30,056 | 32,744 | 3,908 |
| 2015 | 263,610,219 | 11,203,184 | 32,539 | 35,485 | 4,094 |
| 2016 | 268,799,083 | 11,498,561 | 34,748 | 37,806 | 4,678 |
| 2017 | 272,480,899 | 12,229,216 | 34,560 | 37,473 | 4,906 |
| 2018 | 273,602,100 | 13,233,910 | 33,919 | 36,835 | 5,006 |
| 2019 | 276,491,174 | 13,085,643 | 33,487 | 36,355 | 5,032 |
| 2020 | 275,936,367 | 12,899,371 | 35,935 | 39,007 | 4,945 |
| 2021 | 282,354,993 | 13,859,181 | 39,508 | 42,939 | 5,788 |
Common Causes of California Truck Accidents
Federal and state truck safety laws are supposed to protect the public. However, despite all the laws that have been put into place, semi accidents still occur at a high rate. Some of the most common causes of truck accidents include:
- Driver fatigue
- Distracted driving
- Improper maintenance
- Inadequate training
- Improper loading
Driver Fatigue
Despite federal laws that impose hourly driving limits and mandatory rest breaks on drivers, fatigue is common. Truckers must meet strict delivery deadlines, cover vast distances, and drive for long periods, increasing the risk of fatigue.
While drivers must follow all hours of service requirements under federal regulations, trucking companies also have a duty to hold their drivers to these guidelines and not encourage excessive driving. Both the trucking company and the driver may be liable when driver fatigue causes or contributes to a truck accident.
Distracted Driving
Truck drivers rely on GPS navigation to plot their routes and smartphones to connect with dispatchers and other truckers. When drivers pay too much attention to these devices, the distraction can easily lead to an accident. At our firm, we work to hold drivers liable for accidents caused by distracted driving.
Improper Maintenance
Trucking companies and tractor-trailer owners must comply with applicable safety laws and ensure vehicles and components such as braking systems, engines, tires, brake lights, hitch assemblies, and straps are properly maintained. Defective brakes and tire blowouts frequently result in truck accidents in California.
Inadequate Training
Trucking companies must vet and properly train drivers. Because seasoned drivers earn more per mile than new drivers, trucking companies often send inexperienced drivers out on the road without the necessary skills to safely maneuver their tractor-trailers.
If a trucking company fails to ensure the drivers they are putting out on the road have the training and experience necessary to safely operate these vehicles, they open themselves up to lawsuits from anyone who suffers damages as a result.
Improper Loading
Federal and state laws regulate permissible cargo weight for commercial trucks. However, improper loading is common, which can make a vehicle harder to stop or maneuver.
Any party responsible for loading the truck, including the driver, the trucking company, or a third party such as a freight, cargo, or warehouse operator, may be held liable for any accident that results.
Types of Truck Accidents in California
Because of their large size and weight, commercial semis can cause a lot of damage in a crash. Furthermore, they are often more susceptible to accidents than other vehicles for a variety of reasons. Some of the most common types of truck accidents include:
- Rollover accidents: Speeding and improper loading can result in rollover accidents, particularly on steep inclines or declines and when going around turns. Rollover accidents can also occur when truck drivers hit curbs or swerve around other vehicles or objects.
- Jackknife accidents: Large tractor-trailers can “jackknife” when the drive-axle brakes lock. When the front tractor section of the truck comes to a stop, but the trailer still has momentum pushing it forward, the trailer can skid and swing out to one side, often coming to a stop at a 90-degree angle with the tractor.
- Brake failure accidents: Poorly maintained or improperly installed brakes can fail. Also, short stops can cause brakes to overheat, resulting in brake failure. This can be dangerous with any vehicle, but the risk is greater with commercial trucks since the weight of these vehicles will keep pushing them forward and make stopping incredibly difficult.
- Runaway truck accidents: Truck drivers who use improper breaking techniques can cause runaway truck accidents, especially at intersections, toll booths, off-ramps, and railroad crossings.
- Blind spots: Commercial trucks and tractor-trailers have blind spots along the sides and rear, known as “no-zone” areas. Other drivers who fail to avoid no-zone areas can be seriously injured in a truck accident when truck drivers change lanes or make turns.
- Rear-end accidents: When a truck collides with the back of another vehicle, occupants of a smaller vehicle can suffer catastrophic or even fatal injuries.
- Under-ride accidents: This type of truck accident occurs when truck drivers suddenly slam on the brakes and vehicles traveling behind fail to stop in time and become crushed under the rear of a truck.
- Wide-turn accident: Truck drivers can underestimate the space needed to complete a turn or fail to spot vehicles in the trailer’s path, pinning them against other vehicles, medians, or other obstacles.
Contact Our Experienced California Truck Accident Attorneys Today!
If you or a loved one was injured in a truck accident, a California truck accident lawyer from J&Y Law will offer compassionate, effective representation and fight for the maximum compensation you deserve. J&Y Law helps truck accident victims throughout the state of California, including the Los Angeles and San Francisco Bay areas.
Our experienced legal team can help you recover compensation for losses ranging from minor damage to your vehicle to catastrophic injuries, including traumatic brain injuries and even death. Founded by Los Angeles natives Yosi Yahoudai and Jason Javaheri, our firm is focused on helping injury victims get their lives back on track.
Contact our office today to set up a free case evaluation with one of our experienced attorneys. Our client testimonial will tell you everything you need to know about the service you can expect when you work with us.