California’s extensive network of highways, ports, and logistics corridors makes it a critical hub for commercial trucking in the United States. However, this economic activity comes at a cost where thousands of Californians are injured or killed each year in collisions involving large commercial trucks. Due to the sheer size and weight of semi-trucks, even a seemingly minor accident can lead to life-altering injuries, property damage, and long-term financial hardship. In any event, finding a truck accident attorney can make a huge difference in the recovery process.
If you or a loved one has been involved in a truck accident, you are not alone and you have the right to file a truck accident lawsuit to recover compensation for your injuries. Nadrich Accident Injury Lawyers is a law firm that specializes in personal injury law and their team of personal injury attorneys are committed to helping victims understand their rights and navigate through their truck accident injury case.
With a strong track record of success stretching back to 1990, the firm is prepared to hold negligent drivers, trucking companies, and insurers accountable for their negligent and reckless actions. As a result of their hard work and dedication, the firm has recovered over $750,000,000 of compensation to their clients and will continue to do their duty and watch out for their client’s best interest at heart.
We operate on a contingency fee basis, meaning you do not pay us anything unless you win! Call us today at (800) 718-4658 or fill out our easy online contact form for a free case consultation!
Truck Accident Statistics
Commercial trucking plays a vital role in California’s economy, but with more trucks on the road comes a greater risk of devastating accidents. According to a 2021 report from the Federal Motor Carrier Safety Administration (FMCSA), California leads the nation in fatal truck accidents and injuring thousands. While the severity of these injuries will vary on a case by case basis, most truck accidents produce life-long injuries like spinal cord injuries and traumatic brain injuries.
In addition, the National Safety Council has reported that while the number of fatal truck accidents have been decreasing on a year to year basis, the number of truck accidents have increased 43% over the last 10 years. This signifies a growing uptrend of factors that contributes to large truck accidents and highlights the importance of seeking an experienced attorney who is well versed in personal injury law.
Most Common Causes of Truck Accidents
Truck accidents can stem from a wide range of factors, many of which are preventable. However, unlike regular car and truck accidents, commercial trucking crashes and even delivery truck accidents often involve violations of federal and state safety regulations. In the event of a semi truck accident, the trucking company can be held liable for damages but their legal team will try to find a way to avoid liability. With that in mind, it is important to understand the most common causes of truck accidents so you can protect your rights.
Drowsy Driving
One of the most consistent problems amongst trucking companies and in truck accidents, driver fatigue remains a persistent problem that produces fatalities and injuries every year. According to the National Highway Transportation Safety Administration, they estimated that in 2017 alone, there were 91,000 police-reported crashes involving drowsy drivers.
Despite the FMCSA’s Hours-of-Service (HOS) regulations which limit truckers to 11 hours of driving after 10 consecutive hours off-duty, drivers are often pressured to meet unrealistic delivery deadlines. This can result in a severe accident scene where there are wrongful deaths and severe injuries. While long-haul truck drivers experience this the most, drowsy driving can happen to anyone, so it is important to pull over to the side of the road if fatigue hits or it could result in a catastrophic injury.
Driving Under the Influence
Commercial drivers are held to a stricter legal standard than passenger car drivers. In California, a Blood Alcohol Concentration (BAC) of just 0.04% is enough to trigger DUI penalties for commercial vehicle operators. While many truck drivers believe that the use of stimulants is a solution to combat fatigue, it is only increasing the risk of erratic driving behavior, aggression, and miscalculations, which is a form of negligence.
Whether the truck driver was impaired by alcohol, narcotics, or even prescription medications, they can cause catastrophic accidents that place all road users at risk. In any event, the trucking company can be held liable for truck driver negligence, due to not performing personnel and welfare checks.
Mechanical Issues
Trucks are subject to strict inspection and maintenance requirements, but if trucking companies neglect them to save money, then it can result in a series of mechanical failures. The Insurance Institute for Highway Safety (IIHS) have discovered in several reports that mechanical failures such as defective brakes account for roughly 40% of all trucking accidents. In addition, FMCSA reports discovered that vehicle-related issues account for approximately 10% of large truck crashes, and nearly 20% of commercial vehicles inspected during roadside checks have at least one out-of-service violation.
Types of Truck Accidents We Handle
Different types of truck accidents have different legal, medical, and logistical implications. Understanding the mechanics of each can help establish liability and guide appropriate medical evaluations.
Rollover Accidents
Rollover accidents typically occur when a truck takes a curve too fast, encounters uneven pavement, or carries an improperly loaded trailer. The Federal Motor Carrier Safety Administration (FMCSA) states that about 4% of all fatal accidents are due to rollover accidents. These incidents are often deadly, especially for nearby adjacent vehicles because depending on the speed and surroundings, a rollover accident can easily turn into a multi-car accident.
Jackknife Accidents
Jackknife accidents occur when the trailer of a semi-truck swings outward, forming a sharp angle with the cab that is very similar to a folding pocket knife. These types of accidents are typically caused by sudden braking, carrying unbalanced loads, and speeding and braking on slippery roads. Due to the nature of jackknife accidents, this can block multiple lanes of traffic and lead to massive pileups. While many truck drivers are trained to prevent such an accident from happening, it can still occur even to the most experienced drivers.
Lane Changing Accidents
One of the most common accidents, lane changing accidents occur due to trucks having large blind spots especially on the right-hand side where truck drivers may fail to see smaller vehicles when merging or changing lanes. These accidents are common on busy freeways and can result in sideswipes, off-road accidents, even secondary collisions with nearby vehicles. With that being said, this is arguably one of the most relatable types of accidents, but liability will be dependent on the driver who caused the crash.
Who is Liable in a Truck Accident in California?
Truck accident claims are rarely straightforward, because unlike typical two-car collisions, multiple parties may be liable for damages. For example, if the truck accident was caused by tire or brake malfunctions then the truck manufacturer can be held liable due to manufacturing defects and not implementing quality assurance to their customers.
However, on the other hand, if the trucking company has hired untrained truck drivers or does not practice a range of safety measures then they can be held liable for any catastrophic injury and damage. Whatever the case may be, experienced truck accident lawyers can help determine who is at-fault for the accident and help the injured party recover a fair compensation for any severe injuries they have suffered.
What is the Time Limit To File a Truck Accident Claim in California?
California law sets strict deadlines when accident victims file for a truck accident claim. Under California law, specifically California Civil Code 335.1, all personal injury claims must be filed within two years from the date of the accident and if the injured party fails to file a claim within that time frame, then they will automatically waive their right to recover compensation for their injuries. No matter how many serious injuries have been sustained or how much evidence there is, if a claim is not filed on time then it will be immediately dismissed in court.
In fact, the only exceptions to the rule is unless the injured party is a minor, in jail, living out of state, or is legally insane. In addition, any claims against government entities that were responsible for causing the accident in question, must be filed within six months from the dates of the accident, as per California Government Code 911.2. With that in mind, it is vital that the affected party files a claim as soon as possible with the aid of an experienced truck accident attorney, because there is always a chance that something can slow down your claim.
Compensation Truck Accident Victims Can Recover
Victims of truck accidents may be eligible to recover a wide range of damages depending on the severity of the injuries and extent of liability. Typically, truck accident victims can get a mix of economic and non-economic damages, however, every case will vary on a case-by-case basis.
Economic Damages
Economic damages are often referred to as calculable expenses that have accrued due to someone else’s negligence and/or recklessness. This type of damages is designed to make accident victims financially whole again for any out-of-pocket costs they have or will be responsible for. For example, medical expenses, lost wages, property damage, physical therapy costs, and loss of future earning capacity are all out-of-pocket costs that can be recovered in a personal injury lawsuit.
Non-Economic Damages
On the other hand, non-economic damages are referred to as incalculable costs that have accrued as a result of the accident in question. For example, pain and suffering, loss of consortium, emotional distress, and loss of enjoyment of life are all instances that indicate a person’s physical and emotional suffering that is the result of permanent disfigurement, disability, or even the loss of a loved one’s life. Due to the subjective nature of non-economic damages, the value will vary widely and will be heavily dependent on the nature and severity of the accident.
Punitive Damages
In cases of egregious negligence or intentional wrongdoing, the court may issue punitive damages to punish the wrongdoer. These types of damages are rare but are specifically designed to punish the at-fault party for their actions and to deter any similar behavior in the future. In addition, punitive damages can give the injured party a sense of justice especially in claims that include a wrongful death.
What Should I Do After a Truck Accident?
If you have been involved in a truck accident, it is completely normal to feel shaken up about the experience. While every accident is different, there are steps that you should always follow and knowing what to do in the event of a truck accident can not only protect your rights, but it helps recover faster. With that in mind, it is vital that you do the following:
- Move to a safe area
- Call 911 and get support from first responders
- Collect evidence of the accident scene
- Document your injuries and gather supporting documents
- Contact a skilled truck accident lawyer
What Is My Truck Accident Claim Worth?
The value of a truck accident case can vary widely based on a number of factors such as severity of the injury, degree of liability, insurance coverage, and any long impact it has on the injured party. While it is difficult to place a value on any truck accident, a general rule of thumb is that the worse the accident, the higher the likelihood of receiving a high awarded settlement amount.
For example, if a truck driver has caused an accident where the victims suffered life-long paralysis and requires constant medical treatment and quality of life adjustments, then that claim can be valued anywhere within the six to seven figure range. However, an experienced attorney can help quantify these losses using vocational experts, economists, and life-care planners.
Schedule a FREE Consultation with Nadrich Accident Injury Lawyers Today
Truck accident cases require swift action, technical expertise, and tenacious advocacy. At Nadrich Accident Injury Lawyers, we bring over 35 years of experience and a commitment to justice for every client. Our team of attorneys understand how devastating a truck accident can impact your physical health, finances, and future and we fight to ensure you are fully compensated for your injuries.
We have recovered over $750,000,000 of financial compensation to our deserving clients and we will continue to do our duty and watch out for their best interests at heart. Whether you were involved in a severe multi-car pileup on a freeway or got rear-ended by a negligent truck driver, our attorneys have seen them all and will handle your case with the utmost care and respect that it deserves.
We operate on a contingency fee basis, meaning you do not pay us anything unless you win! Call us today at (800) 718-4658 or fill out our easy online contact form for a free case consultation!