San Diego Truck Accident Lawyer

A large truck is defined by the National Highway Traffic Safety Administration (NHTSA) as any truck with a gross vehicle weight rating of greater than 10,000 pounds. However, it should be noted that in an average year, 86 percent of large trucks involved in fatal crashes had a gross vehicle weight rating of greater than 26,000 pounds. Large trucks legally can weigh up to 80,000 pounds. To put that into perspective, consider that the average passenger car weighs just over 4,000 pounds, or 20 times less than the heaviest truck on a California road.

Keeping the sheer weight of trucks in mind, it is easy to understand why when a collision between a large truck and a passenger car occurs, the damages suffered by the motorist in the smaller vehicle are often so severe.

If you have been involved in a serious truck accident in California, or if your loved one has been seriously injured or killed in a truck accident, our knowledgeable truck accident attorneys are here to help you build your claim and recover a settlement for your losses. Please contact us today for your free consultation.

Injuries Caused by Truck Accidents

Truck accidents almost always leave those involved with serious or fatal injuries. It is much more common for the driver, as well as any passengers, of a passenger car to suffer much more serious injuries than a truck driver does. In fact, it is not uncommon for a truck driver involved in a crash to suffer hardly any injuries at all. Injuries that drivers of smaller vehicles, and their passengers, may incur in a truck accident include, but are not limited to:

• Head and brain injuries. Head and traumatic brain injuries (TBIs) are common in a large truck accident, and are caused when the victim’s head is traumatized by another object, shaken violently, or when the skull is penetrated by a sharp object.
• Back and spine injuries. The back is comprised of a number of muscles, ligaments, tendons, and bones (the vertebrae that form the shape of the spinal column. When any of these are impacted, the affected person may experience pain, complications with mobility, and perhaps even severe disability.
• Internal Injuries. Within the body there are a number of essential organs, like the liver, heart, and kidneys.
• Fractures and soft tissue injuries. Fractures and soft tissue injuries may not be as serious as are all TBIs or spinal cord injuries, but they can still be very painful and disabling, too.

Injuries incurred in a truck accident may also be psychological as well. It is not uncommon for truck accident victims to develop post-traumatic stress disorder (PTSD), depression, or anxiety after the accident.

Who’s Liable for a Truck Accident in California?

California follows an at-fault car insurance system, which means that a party must be found at-fault before their insurance will pay for any damages incurred by a victim. As such, if you have been involved in a truck accident and been hurt, it is important that you understand how to determine and prove fault. Our attorneys can help you to determine fault by gathering evidence on your behalf, including statements from any witnesses who may have seen what happened; electronic control module data (also called black box data); photographs of damages, angles of vehicles, injuries, debris in the road, traffic signs, weather conditions, and more; police reports; driver log reports; and more.

One of the aspects of truck accident claims that make them more complicated than average claims is that the number of potentially liable parties is greater. Instead of just dealing with the potential fault of two drivers, liable parties may include the driver of each vehicle involved in a crash, the driver of a third-party vehicle, the trucking company, a vehicle part manufacturer, or a shipper or a loader of cargo. We determine what insurance options are available to you, and whether the accident was caused by or contributed to by any other parties.

Drowsy Driving and Truck Accidents

Due to the nature of their work, truckers are particularly vulnerable to falling asleep behind the wheel. It is not uncommon for truckers to drive during night hours when it is easy to succumb to sleepiness. As discussed above, they are usually under tremendous pressure to deliver their consignments on time.

A regular motorist who feels tired can pull into a rest stop and sleep for some time. But a truck driver may not have that luxury as a few hours of much-needed sleep might disrupt their delivery schedule.

To counter the problem of long hours on the road, the Federal Motor Carrier Safety Administration (FMCSA) has stringent hours of service regulations that all over-the-road truck drivers must follow. Sadly, these safety guidelines are often ignored by truckers who are pressured to meet deadlines and/or incentivized to deliver their cargo loads on or before schedule.

If a truck driver ignores government rules and a crash ensues due to drowsy driving, it is vital that those responsible for the accident are held fully liable. Such cases can be complex, and it can be challenging to understand whether the driver or the trucking company is at fault, which depends, to a large extent, on the relationship between the former and latter.

In case the trucker is a direct employee of the trucking company, it is quite apparent that the employer can be held liable for the accident. But when the driver is listed as a subcontractor, the case warrants further investigation.

At times, the trucker might meet the criteria for being an employee but is wrongly classified as a subcontractor, which might be done to help the trucking company avoid liability for the actions of the driver.

The Impact of Trucker Fatigue

Most drivers, particularly truckers, require sharp reflex responses to enable them to react rapidly to the dangers on the roads and prevent crashes. But similar to intoxicated drivers, drowsy drivers may lose the reflexes to react fast to a threat. However, even with strict FMCSA adherence, truck drivers can experience fatigue by the end of their shift. Elements that increase the risk of driver fatigue include: illness, medication, inebriation, unusual shifts due to the pay structure of truckers.

The majority of truck drivers are paid by the mile and not by the amount of time spent behind the wheel. They don’t get compensated for the time spent away from their homes and families. Many of them, as a result, choose to drive continuously even after fatigue sets in. Some commercial drivers may feel immense pressure for meeting unrealistic deadlines.

Things to Avoid When Driving Near Big Rigs

Don’t Pass on the Right

There is a high likelihood that you would need to go around large semi-trucks on the road. It could be because they are driving too slowly or that you need to get into a different lane. The important thing to remember is that never pass a truck on the right. It is safer to stick to the driver’s side of the semi when passing. This will allow them to see you coming.

Don’t Drive in a Bling Spots

Every vehicle has a blind spot. However, it is more important to avoid being in a blind spot when trying to go around a 15-ton truck. You can ensure your and other driver’s safety by getting out of a semi’s blind spot quickly and legally. You want the truck driver to know that you are driving near them in case they have to swerve for any reason.

There are 4 blind spots in large rigs:

• Directly in front of the rig
• On either side of the semi
• Right behind the truck where the driver is unable to see in the mirrors

Never Cut a Truck Off

One of the worst things inexperienced and reckless drivers do is cutting a truck off. Most people don’t give this a second thought while speeding on a highway. Stemming from this, when a semi-trailer is cut off suddenly, it needs to brake, which can prove to be deadly.

San Diego, CA Truck Accident Lawyer 

A large truck is defined by the National Highway Traffic Safety Administration (NHTSA) as any truck with a gross vehicle weight rating of greater than 10,000 pounds. It is a striking fact that in an average year, 86 percent of large trucks involved in fatal crashes had a gross vehicle weight rating of greater than 26,000 pounds. 

These heavy vehicles can legally weigh up to 80,000 pounds. To put that into perspective, consider that the average passenger car weighs just over 4,000 pounds, or 20 times less than the heaviest truck on a California road.

Keeping the sheer weight of trucks in mind, it is easy to understand why when a collision between a large truck and a passenger car occurs, the damages suffered by the motorist in the smaller vehicle are often so severe. Injuries can range from broken bones and internal injuries to traumatic brain injuries, spinal cord damage, and even death. The physical and emotional trauma can last a lifetime.

If you have been involved in a serious truck accident in California, or if your loved one has been seriously injured or killed, our dedicated truck accident attorneys are here to help. We can assist you in building your claim and pursuing a settlement for your significant losses. Please contact us today for your free, no-obligation consultation.

The Complexities of a Truck Accident Claim

A collision with a commercial truck is fundamentally different from a regular car accident. These cases are often far more complex and require a detailed understanding of both state and federal regulations. While a car accident may involve only two drivers, a truck accident can involve multiple parties. The at-fault party could be the truck driver, the trucking company that employs them, the company that loaded the cargo, the mechanic who maintained the vehicle, or even the manufacturer of a defective truck part.

The potential for multiple defendants means that the investigation process is more extensive. The legal process is complicated by federal regulations, such as those from the Federal Motor Carrier Safety Administration (FMCSA), which govern everything from driver hours to vehicle maintenance. Proving negligence in a case like this demands a meticulous approach to evidence and a thorough understanding of the trucking industry.

Common Causes of Truck Accidents in San Diego, CA

Truck accidents are rarely simple mistakes; they are often the result of negligence. Identifying the cause is a critical step in building a strong legal case.

One of the most frequent causes is driver fatigue. Truck drivers are often under pressure to meet tight deadlines, which can lead to them driving beyond the federal Hours of Service regulations. These rules are in place to prevent tired drivers from being on the road, but violations are common. A review of a driver’s logbooks and other records can reveal if fatigue was a contributing factor.

Improper truck maintenance is another major issue. A trucking company is responsible for keeping its fleet in safe operating condition. Failures in critical systems like brakes, tires, or steering can lead to catastrophic accidents. A post-accident inspection can uncover these maintenance failures and establish corporate negligence.

Other common causes include distracted driving, such as texting while driving or using a GPS, which is especially dangerous for a driver of a massive vehicle. Poorly secured or overloaded cargo can also shift during transit, causing the truck to become unstable and jackknife or roll over. Unsafe driving practices, like speeding, tailgating, or making an unsafe lane change, also contribute to a high number of crashes.

The Path to Compensation After a Truck Accident in San Diego, CA

When you are represented by a legal team, they will handle the intricate process of building your case from the ground up. This begins with a comprehensive investigation immediately following the accident. Gathering evidence quickly is crucial. Our team can work to secure the police report, interview witnesses, and if needed, bring in accident reconstructionists to analyze the scene.

A vital piece of evidence is often the truck’s “black box,” or Event Data Recorder. This device records data about the truck’s speed, braking, and other performance metrics in the moments leading up to the crash. This information is invaluable for proving what happened and who was at fault. We also work to obtain the driver’s logbooks, drug and alcohol test results, maintenance records for the vehicle, and the trucking company’s hiring and training policies.

Once the evidence is collected and liability has been established, the next step is to calculate the full value of your damages. This is a crucial phase, as insurance companies will often try to settle for far less than your claim is worth. A legal professional will evaluate your claim to determine the total value of your economic and non-economic damages, ensuring every single loss is accounted for. This includes medical expenses, property damage, and lost wages, as well as less tangible but equally significant damages like pain and suffering.

Understanding the Statute of Limitations

It is important to understand that there is a time limit for filing a personal injury lawsuit in California. This is known as the statute of limitations. For most personal injury claims, including those involving truck accidents, you have a set period from the date of the accident to file your lawsuit. If you do not file within this timeframe, you may lose your right to pursue compensation entirely.

This is why acting quickly is so important. Delaying can not only jeopardize your ability to file a claim but can also make it harder to gather evidence. Witness memories fade, physical evidence at the scene is lost or cleaned up, and critical documents can be harder to obtain. A prompt consultation with a lawyer can protect your legal rights and ensure that your claim is filed in a timely manner.

Recovering the Damages You Deserve

We know how significant the losses can be in a truck accident claim, and how complicated determining and proving liability often is. When you work with a law firm, they work diligently to build a strong case on your behalf that is designed to get you the settlement amount you deserve.

We will assist you in recovering compensation for both your economic and non-economic damages. Economic damages are the measurable financial losses you have suffered as a result of the accident. This can include compensation for your past and future medical expenses, property damage to your vehicle, and lost wages from time missed at work.

Non-economic damages are the subjective, non-monetary losses that can be just as impactful. This includes compensation for the pain and suffering you have endured, emotional anguish, and loss of enjoyment of life. We believe it is vital to pursue full compensation for these losses, as they can have a profound effect on your quality of life.

If your loved one has been killed in a truck accident in California, we can help you to seek compensation for wrongful death. This can include funeral and burial expenses, as well as loss of consortium damages, which are meant to compensate for the loss of companionship and support from your loved one. No amount of money can bring back a loved one, but a successful wrongful death claim can provide financial stability and a measure of justice during an incredibly difficult time.

Recovering the Damages You Deserve

We know how significant the losses can be in a truck accident claim, and how complicated determining and proving liability often is. When you hire our law firm, we work hard to build a strong case on your behalf that is designed to get you the settlement amount you deserve. We will valuate your claim to determine the value of your economic and economic damages, assisting you in recovering compensation for your medical expenses, property damage, lost wages, future heatlhcare costs, pain, suffering, emotional anguish, and more. If your loved one has been killed in a truck accident in California, we can help you to seek compensation for wrongful death, including funeral and burial expenses and loss of consortium damages.

Contact a San Diego Truck Accident Attorney Near You Today

Even if you are alive after a truck accident, you may feel as though your life, and your future, have been completely stripped from you. We know the feelings of helplessness and pain that you are likely experiencing, and understand that nothing is easy about the recovery process.

At the offices of Garmo & Garmo, Attorneys at Law, LLP, our caring truck accident attorneys are here to serve you. We will never charge you for our legal services unless your case is won, and are always happy to provide you with a free consultation and legal advice. To schedule your no-cost case evaluation today, please call us at 619-441-2500.

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