If you or a loved one were involved in a truck accident, and sustained injuries as a result, contact the experienced personal injury law firm MI ABOGADO®. We will fight to hold any and all negligent parties accountable for their actions and will do everything in our power to secure you the maximum possible settlement.
According to the Federal Motor Carrier Safety Administration, California has the highest number of truck accidents of any state in the country. Unfortunately, truck accidents are common, and they can result in catastrophic injuries, even fatalities. Because of the size and weight of the truck, and because stopping such a large vehicle requires more time, just about any person on the roadway is at risk of serious injury when a truck accident occurs, even those in large SUVs. Nothing can truly stand up to the impact of an 18-wheeler.
Truck accident law is complex, and there can be many parties involved in subsequent litigation. It’s vital that you seek the guidance of a seasoned personal injury attorney who will aggressively fight for you and your best interests. MI ABOGADO®, a personal injury firm based in Los Angeles, has represented over a quarter of a million clients, and has a 96% success rate, recovering millions for our clients in the process. We also take all of our cases on a contingency fee basis, meaning we don’t get paid until you see a just settlement for your losses. We are ready to start fighting for you today. Contact us for a free consultation or second opinion.
Common Causes of Truck Accidents
Like any vehicle accident, there are many different ways truck accidents can occur. What sets truck accidents apart is that the trucking industry does little to combat the high rates of accidents, and many of their policies are driving factors in why they happen so often. Some of the most common causes of truck accidents include:
- Improper maintenance. Truck drivers, trucking companies, and maintenance crews have a legal obligation to regularly inspect their vehicles. However, that is not always the case, and the lack of regular inspections can lead to serious risks on the road, creating a hazardous situation for the driver and else everyone on the road. Similarly, truck accidents can occur due to defective parts. In cases involving vehicular malfunctioning, the designer, manufacturer, or distributor of the vehicle or parts may be liable for damages.
- Driver fatigue. Truck driving is a difficult and high-pressure job, involving strict deadlines and many hours behind the road staring at very similar scenery. Truck driving requires more energy from the driver than a standard vehicle driver due to the size of the vehicle and the cargo it holds. While federal laws impose limits on the number of hours a truck driver can be behind the wheel and require rest breaks, driver fatigue is still a very real issue. Both the trucking company and the truck driver may be held liable when driver fatigue is a contributing cause to an accident.
- Improper loading. While most people think jobs in the trucking industry are focused primarily on driving, there is a considerable portion of the job that focuses on cargo, its loading, and its delivery. State and federal laws apply limits to cargo weight, size, height, length, and width, but improper loading is still unfortunately common. When cargo isn’t properly loaded, it can make the truck difficult to maneuver and can make it much harder to brake. Moreover, cargo can fall from the truck, creating hazards on the road. When cargo is improperly loaded, the trucker, the trucking company, or a third party who was responsible for the cargo may be liable for damages.
- Distracted driving. Distracted driving in any vehicle creates a significant danger to those around them, but when it comes to trucks, distracted driving can lead to catastrophic consequences. While most small vehicles can stop short, trucks generally need a much wider berth to stop the vehicle due to their size, weight, and momentum. Moreover, truck drivers rely on GPS navigation and guidance for their routes, and need to communicate with other truckers and dispatchers while driving, which can cause distraction.
- Inadequate training. Trucking requires more than a commercial driver’s license and a good attention span. Truck driving requires a lot more knowledge than driving a standard vehicle and safety skills that need to be developed over time and through training. Truck companies are required to properly vet and train all new hires, and the law requires a certain number of hours of supervised driving before a trucker can drive independently. However, that doesn’t stop trucking companies from favoring more inexperienced drivers, as they are generally paid less than truckers with years of experience in the field.
- Poor weather or road conditions. Like cars, trucks are more susceptible to accidents in poor weather conditions or when the roads are not properly maintained. However, due to the size of the truck and the inability to stop short, resulting accidents can pose far more danger than a car accident. If the accident was a result of a defect in the road, the local government may be liable as it is their responsibility to keep roadways safe and well-maintained.
Common Truck Accident Injuries
Truck accidents can result in catastrophic damage due to their size, momentum, inability to stop short, and potential for rollover accidents. Truck accidents often involve devastating injuries with lifelong complications, even fatalities. Moreover, following an accident, the truck’s cargo can also pose a danger to others on the road.
Common truck accident injuries may include:
- Head injuries, including skull fractures and traumatic brain injuries
- Back and neck injuries, including whiplash and spinal cord damage, which may result in paralysis.
- Fractured bones
- Internal injuries
- Lacerations, cuts, and scrapes
- Nerve damage
- Disfigurement and scarring
- Crush injuries
- Wrongful death
Statute of Limitations for Truck Accident Claims in California
The statute of limitations, or deadline to file a claim, following a truck accident in California is two years from the date of the accident or the date you discovered your injury. If you fail to file a claim within that timeframe, you may be barred from recovery. If the accident involved a government agency or entity, they must receive notice of your claim within six months. If the party filing the claim was a minor at the time of the accident, they can make a claim within two years of their 18th birthday. If the victim was rendered incapacitated and unable to make legal decisions as a result of the accident, they have two years from the time they regain the capacity to make legal decisions. If the defendant has left the state, the statute of limitations is paused until they return to the state.
How California Personal Injury Law Firm MI ABOGADO® Can Help You Recover
The experienced personal injury law team at MI ABOGADO® understands that, following a devastating truck accident, you already have your hands full. We also know that your recovery needs to be your first priority, so we make it our mission to take some of the pressure off your shoulders. You focus on what matters: your health, your family, and your future. We’ll take care of the rest.
MI ABOGADO® has a network of trusted medical professionals across the state of California, so we can ensure you’re receiving the highest standard of care. Once we know you’re on the road to recovery, we can start litigating your claim. Our first step is to conduct a comprehensive investigation of your accident. We will review the evidence and interview witnesses, so we can pinpoint which parties need to be held accountable for their negligence. From there, we will build the strongest possible case, tailored to your unique circumstances, for maximum recovery.
That’s when negotiations begin. It is our sincerest hope to secure a settlement during negotiations, to save you the stress and uncertainty associated with taking your case to trial. However, if we cannot secure a settlement that truly reflects the entirety of your losses, we will present your case in front of a judge and jury so you can see justice.
Who MI ABOGADO® Is
Founding Attorney Javaheri worked at a big law firm and saw firsthand how clients had little contact with and minimal access to the people they were trusting in their most vulnerable moments. That’s why he founded MI ABOGADO®, where he limits the number of cases he takes, to ensure he can deliver timely, responsive, and effective representation to every client. We believe that bigger isn’t necessarily better. Better service is better.
Contact Our Experienced Los Angeles Truck Accident Lawyer Today
The team at MI ABOGADO® understands that, following a devastating truck accident, with medical bills and lost wages at the forefront of your mind, paying attorney’s fees upfront would be an impossible burden. We believe that nobody should have to lose anything more in order to see justice for their losses. That’s why we won’t take a penny out of your pocket upfront. We don’t get paid until you see a just settlement for your losses.
MI ABOGADO® is proud to represent clients across the state of California. We have a vast network of trusted professionals and have implemented sophisticated technology, allowing us to serve clients from San Diego to San Jose.
MI ABOGADO® offers free, no-obligation, confidential consultations and second opinions. Contact us today. The sooner you reach out, the sooner you can see just compensation for your losses.
Frequently Asked Questions
How do truck collision cases differ from other automobile accidents?
Truck accidents are distinct from other vehicular accidents due to the significant size and weight differences between commercial vehicles and passenger cars. This makes trucks harder to control and stop in hazardous situations, leading to more severe damage during collisions. Injuries sustained in truck accidents are often more serious or even fatal, necessitating higher compensation for victims to address their damages and future needs.
What causes truck accidents?
Truck accidents can occur for various reasons, many of which are preventable if not for the negligence or oversight of truck drivers and trucking companies. Frequent accident causes include driver mistakes, mechanical failures, and inadequate vehicle maintenance.
Which safety regulations govern the trucking industry?
The trucking industry is subject to stringent state and federal regulations due to the potential for commercial trucks to cause widespread damage. Drivers must adhere to rigorous training and licensing requirements, as well as strict drug and alcohol policies. Trucking companies are mandated to regularly inspect, maintain, and load their vehicles, while also ensuring that drivers operate safely and without fatigue. Federal Hours-of-Service rules specifically address driver fatigue by imposing strict limits on driving time, on-duty hours, and mandatory break periods.
How can victims of truck accidents obtain compensation?
Every situation is different, and a comprehensive investigation into the accident is crucial to determine if truck drivers and trucking companies can be held accountable for the incident. Our lawyers meticulously examine each case for evidence of negligence and regulatory breaches that, if addressed, could have averted the accident. By presenting this information convincingly, victims can hold the responsible parties liable for their damages, such as medical expenses, pain and suffering, and lost wages, among other costs.