Truck Accidents in San Diego
Pursuant to the California Vehicle Code 34500, a truck accident is any accident that involves a motor truck of three or more axles and that weighs more than 10,000 pounds. In San Diego, the most common motor truck collisions involve construction vehicles, commercial trucks, truck tractors, buses, farm labor vehicles, tanker trucks, trailers and semitrailers. Unlike any other motorist accident, given the massive size and use of these motor vehicles to transport heavy loads and oftentimes hazardous content, the probability of serious bodily harm or a fatality resulting from a collision with a truck is extremely high. In other words, as a motorist on the road you are at a complete disadvantage if involved in an accident with a motor truck. The most common injuries associated with truck accidents are serious cuts and bruises, fractures, internal bleeding, severe head injuries, spinal injuries and organ damage. Some of these internal injuries are difficult to assess right after the accident, either because of the mental state of the victim after surviving the traumatic experience or because the symptoms delay in manifesting themselves. That is why it is imperative that if you or a loved one has been involved in a truck accident, you immediately pull over to a safe location and call 911 to have law enforcement and the paramedics respond to the scene to assess the accident and any injuries you sustained in order to provide you the proper medical attention that you require. When speaking with law enforcement you want to make sure to provide a detailed accounting of the accident but be very careful not to admit fault for the crash at any time. Before making any statement regarding liability to the police or an insurance company representative, you must first speak to a truck accident personal injury attorney to learn about your legal rights in a truck accident. At San Diego Personal Injury Law Office, we will personally review the accident report and evaluate the assessment of your injuries to help you prepare your statement for the insurance companies and together we can determine the best approach to negotiate your claim. For a free consultation to discuss your personal injury claim, give our truck experts a call at (619) 663-6859 today!
Stages of Filing a Truck Accident Claim
Establishing the basis of a personal injury claim resulting from a truck accident is a very complex matter because in a single truck accident there may be multiple parties involved who may have been at fault for the collision. That is why it is crucial that immediately following a truck accident you retain a reputable truck accident personal injury law firm with an experienced team of legal specialists to handle each stage of your personal injury claim. At San Diego Injury Lawyers, we understand that you have a lot of questions and we will work to earn your trust by maintaining open communication with you, explaining every step of your personal injury claim making sure that you understand what must be done. With our legal truck experts in your corner, you will be advised of your legal rights and make informed decisions during every stage of the process. For example, during the initial stage of the claim, our skilled legal analyst will meet with you to personally evaluate your claim by reviewing the accident report and taking detailed notation of your injuries and any medical treatment that you may have undergone or will require after the accident. If you have not sought out medical assistance or would like to obtain a second opinion, we can put you in contact with a physician from our large network of medical professionals who work personal injury cases in the San Diego community to assess and treat your injuries. Next, is the investigation stage of the claim; everyone knows that insurance companies dispatch field investigators to the scene of the crime right after an accident is reported, that is why it is imperative for you to have your own private investigator conduct an independent investigation of the accident. Our private accident investigators know first-hand that time is of the essence at this stage of the claim and will promptly interview drivers involved, witnesses present and preserve any evidence they find to determine what caused the accident and which driver was at fault. Promptly preserving the evidence of witness statements, road conditions, mechanical issues, cargo conditions, phone records, visual feeds from street cameras at the time of the accident are going to be critical for determining liability for the truck accident. At the filing stage of the claim, our legal accident experts will have to demonstrate to the insurance companies that you have met the legal requirements for a negligence cause of action in order for you to recover from a personal injury claim. Under California tort law, negligence is the failure to exercise reasonable due care that is owed to another person under the circumstances, resulting in foreseeable harm to that person or their property. To prove negligence in your personal injury claim, our experienced truck accident negotiators will gather all the evidence discovered during the private investigation to determine the circumstances that led to the accident and will use their vast knowledge of California truck laws to establish who was responsible for causing the truck accident. Do not waste precious time, ensure your best recovery by giving our truck accident specialists a call at (619)405-0063 to schedule your free personal consultation today!
California Truck Laws
Whether the accident resulted from negligence on the part of the truck company, the operator of the truck, or another motorist on the road, our truck accident legal experts have vast experience handling the liability issues associated to truck accidents and are here to explain the legal responsibilities under California Code of Regulations for Motor Vehicles. In an effort to protect all motorists on the road from truck accidents, the Department of Highway Patrol has introduced safety guidelines for truck companies and truck operators to adhere to. Under sections 1215 and 1232 of the California Code of Regulations for Motor Vehicles, legal standards for the proper inspection and maintenance of these vehicles were implemented to ensure the condition of the trucks on the road are safe to drive and transport. Equally important as the condition of the truck is the condition of the person operating the vehicle. Given their massive size and the heavy loads these trucks normally transport, there are many inherent dangers associated with operating a truck that makes it more difficult to control than other vehicles on the road. After all, these trucks not only transport heavy loads but oftentimes they carry hazardous content which will escalate any emergency situation that arises on the road if the driver of the truck were to suddenly lose control of it. For additional safety precautions, to ensure the safety transportation of the load, strict weight allowances were ordered preventing truck companies from the high-risk practice of overloading their trucks. Another inherent danger of operating a truck is operator fatigue; given the nature of the job, truck drivers are generally required to spend long hours behind the wheel, making multiple trips, carrying heavy loads over long distances, and unloading hazardous content at all hours of the day. These adverse driving conditions make it more difficult for a truck driver to monitor the slightest changes in weather, road conditions, as well as the potential negligence on the part of the other motorists on the road. To ensure the truck driver’s ability to remain vigilant, sections 1212 and 1214 of the California Code of Regulations for Motor Vehicles have established strict guidelines limiting the service hours truck operators are allowed to work and implementing mandatory rest breaks throughout their trips. Operator negligence can also manifest itself when the operator is distracted and breaks regular traffic laws like speeding, talking or texting on the phone, and driving under the influence of alcohol or drugs. To protect motorists from truck operator negligence, sections 1229 and 1230 introduced driving proficiency requirements for truck drivers and established unlawful operations of a truck. Under federal law, truck companies are responsible for ensuring that their employees are trained and supervised in accordance with these regulations. Our knowledgeable truck accident attorneys will rely on both state and federal truck regulations to establish that the negligent or reckless party owed you a duty as a motorist on the road to act like a reasonable prudent person under the law. As the victim of a truck accident you have legal rights, allow us the opportunity to fight for them, our truck legal experts are here to guide and protect you so that you do not have to face your personal injury claim alone! At San Diego Injury Law Office, we know first-hand how to handle the unique negligence aspects surrounding truck accidents and will put all of our resources at your disposal to ensure you the best recovery for your personal injury claim!
Establishing the Best Cause of Action for Your Claim
For the driver of the truck, this is the duty to operate the truck like a reasonable prudent person would have under the same circumstances. For the truck company, the duty is to ensure that their trucks and their employees meet the legal standards required to operate on the road. In California, if we decide to go after the truck driver for causing the accident, you have two avenues to choose from, negligence and negligence per se. Under the theory of negligence, our legal experts would have to prove that the truck operator breached the duty that was owed to you, causing the foreseeable harm you suffered as a result of that breach. The benefit of suing under the negligence per se theory is that the truck driver’s negligence can be inferred by their violation of the California Code of Regulations for Motor Vehicles, this means that we would only have to show that their violation caused the accident and that as a motorist on the road, you are a member of the class of victims that the California Code of Regulations for Motor Vehicles was designed to protect. However, if our skilled negotiators find that the best avenue for recourse in your case is going after the truck company, you have two avenues to choose from, negligence and respondeat superior. Under the theory of negligence, our legal experts would have to show that the truck company was directly liable for the accident because of negligent in hiring, training or supervising the truck driver or was negligent in the maintenance and supervision of the truck they allowed on the road. Under the theory of respondeat superior, we could hold the truck company indirectly liable for the accident, making them accountable for their employees actions by proving that when the truck operator caused the accident it was in the course and scope their employment to the company. Upon determining liability and under what theory of tort law to pursue your claim, our skilled truck accident negotiators will work directly with the medical practitioner that is treating your injuries to establish the cause and extent of your injuries in order to determine the amount that you are owed in damages. Damages are what the party responsible for the truck accident owes you to compensate for all of your pain and suffering. At San Diego Injury Law Office we understand that surviving a truck accident will change your life forever; having to deal with the mental anguish and severity of your injuries makes the road to recovery a very long and costly one. You will have to undergo intrusive medical treatments, extensive rehabilitation that will prevent you from working, leaving you unable to financially provide for your loved ones and having to face excessive medical bills. Insurance companies will try to take advantage of your family’s financial strain by pressuring you to accept partial liability or settle your personal injury claim prematurely. This is why the most important decision to your recovery is choosing the best truck accident attorney to fight for the maximum compensation for your injuries. At San Diego Injury Law Office we understand very well what is at stake for you and your loved ones in these truck accident cases and that is why our number one priority is to make you whole again! Let our skilled negotiators handle your personal injury claim, we will fight for the just settlement that you deserve by ensuring that you demand and receive all of the money that your claim is worth.
If you or a loved one have been involved in a motor truck accident that you believe was caused by the negligence of another person, you need to immediately contact our truck accident experts at (619) 663-6859 to reach the best settlement for your claim!