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Here in the Sierra Nevada, we are sadly all too familiar with commercial truck accidents. Interstate 80 is a national thoroughfare for moving freight across the country. Highway 20, Highway 89, and Highway 267 see significant truck traffic moving food, goods, and fuel to local communities. Add in ice, snow, darkness, deer, and all sorts of other hazards, and commercial trucks pose a significant risk to passenger cars.

Commercial truck accidents might not be as common as passenger vehicle accidents, but the damage tends to be far more extreme. Trucks weigh about 20 to 30 times more than the average passenger vehicle. So, while truckers might sustain back sprains or strains, smaller car drivers could experience life-altering physical and mental changes, from paralysis to traumatic brain injuries to death.

California is among the states with higher incidences of deadly truck accidents. Porter Simon Sierra Injury Lawyers works with accident victims to recover compensation for medical costs, lost wages, pain and suffering, and other substantial losses.

A California truck accident lawyer can help you after an accident, too, especially if you have lingering pain and mental trauma hindering your quality of life. Schedule a free legal consultation to learn how.

Who May Be Responsible in a California Truck Crash?

One or multiple parties can be liable for truck accidents. California is a comparative fault state: Drivers found to be at fault may be held liable for damages or injuries resulting from the accident, even if they weren’t responsible for the entire accident.

The comparative negligence rule allows the plaintiff to claim damages for one percent, even if they are 99 percent at fault. A California trucking accident attorney can help establish fault and protect the innocent party from blame by insurance companies, the other driver, or other parties involved in the crash. Possible damages could include property damage, medical expenses, lost wages, and other costs.

The parties that can be at fault include the trucker, the trucking and loading companies, manufacturers, and more. For instance, trucking companies sometimes have dangerous policies that require drivers to be on the road longer than they should. They may also fail to provide adequate training and oversight for their drivers, or perform substandard maintenance that leads to harmful malfunctions.

Loading companies are another possible at-fault party and are often involved in jackknife incidents, shifting load accidents, and falling loads.

What Kind of Attorney Handles Truck and Big Rig Accidents?

There are many moving parts in big rig accidents, and they can be especially tricky if multiple parties are pointing fingers. A California truck accident lawyer (a specialized personal injury lawyer) handles the legal process on behalf of the plaintiff (the injured party). They gather evidence, help establish fault, negotiate with the insurance company, interview witnesses, and negotiate for and manage the final settlement.

Securing fair compensation that covers past and future anticipated losses for a truck accident case can be challenging without the right legal representation. An experienced California truck accident lawyer will have extensive knowledge of trucking industry regulations and the skills to maximize compensation.

Personal injury lawyers handle more than truck accident lawsuits. For example, Porter Simon Sierra Injury Lawyers offers a wealth of legal services available to Truckee-Tahoe residents, such as wrongful death, car accidents, and premises liability.

Why Do I Need a Truck Injury Attorney?

Retaining the services of a truck accident attorney is a smart bet if you want to increase your chances of recovering damages (compensation). This is especially true if you were severely injured. The typical insurance settlement might not cover everything needed, including pain and suffering, lost wages, or future medical payments.

Truck accident injury lawyers play an essential role in an accident case. Getting them involved early on can make a difference, as they can help identify potentially negligent parties, facilitate the investigation process, file claims, and offer representation in court. Plus, they also understand non-economic damages a victim might be entitled to which may be harder to prove.

Additionally, you’ll want to work with a truck accident injury lawyer simply because of their negotiating prowess. Insurance companies are infamous for offering lowball settlements. A top truck crash lawyer can handle the negotiation process. You don’t want to accidentally say the wrong thing, accept an unfair financial offer, accidentally take the blame, or sign away your rights to damages because you are under pressure.

A truck accident law firm should know how to avoid these pitfalls. This should hopefully alleviate the stress of an accident so you can focus on healing.

How Much Is My California Truck Accident Case Worth?

The burning question for many injured survivors is how much compensation they can expect to get in a settlement. Economic damages are available for tangible things like medical bills and lost wages. In contrast, non-economic damages cover things like chronic mental health conditions and long-term pain and suffering.

Several things can influence a total payout, including:

• Lost wages, current and future, based on the extent of injuries.
• The pain and suffering inflicted by the accident, from physical pain to mental anguish and distress.
• Property or vehicle damage that was impacted during the collision.
• Loss of consortium/companionship which can affect a person’s intimate relationships and loss of enjoyment of life.
• Medical bills, past and future, such as therapy, surgeries, and rehabilitation costs.
• Punitive damages are additional compensation an attorney might be able to recover if the liable party or parties are responsible for highly negligent behavior.

Anyone considering a truck accident lawsuit can look at reviews of California accident lawyers. Finding the right truck accident injury attorney with a history of successful case results can give you an advantage in your case.

What To Do After a Truck Accident in CA

How you respond after a truck accident can make a huge difference in the outcome of your potential personal injury case. Consider taking the following steps.

  1. Get to safety. Move to the shoulder of the road, and if needed, call 9-1-1.

  2. Collect data and evidence of the crash. California laws dictate drivers must exchange insurance information (unless an injury gets in the way). Take photos of possible injuries and vehicle damage. If recording conversations, remember that California is a multiple-party consent state. Avoid admitting to any fault until an attorney gets involved.

  3. Call California Highway Patrol or local police. Call law enforcement to the scene or contact the non-emergency line depending on the situation: (877) 275-5273.

  4. Visit your medical practitioner. A trip to the doctor is wise, especially if there are visible injuries. Even if there are no signs, there could be invisible injuries. Adrenaline often masks initial pain and symptoms. Having medical records is also an important step in the claims process.

  5. Call your local California accident attorneys. Getting a local personal injury attorney involved after an accident is in your best interest. There are too many ways to leave money on the table. Make the call as quickly as possible.

Common Injuries Following a Truck Wreck

Truck accidents are not like other collisions. On the road, semi-trucks and big rigs carry more brute force than other vehicles. Catastrophic injuries and death are more likely compared to other types of wrecks.

Internal Injuries

Blunt force trauma, penetration injuries, or sudden and severe twisting of the body can cause internal injuries. Internal injuries are different from other injuries as they might not show up right away. However, when they do, they can be life-threatening and require urgent attention.

Paralysis and Nerve Damage

Paralysis and nerve damage can occur when a sudden or traumatic blow injures the spinal cord. Once there is damage to the spinal cord and nerves, the injury disrupts the signals from the brain to other parts of the body.

Nerve damage can cause weakness, numbness, and pain, usually in the hands and feet. In severe cases, paralysis means a person cannot move some or all of their face and body. Some types of nerve damage can heal within months or may require surgery. Others could be paralyzed for life.

Broken Bones

Many broken bones in big rig accidents involve the arms, legs, hands, and feet. Pelvic bone fractures are common after accidents, as well as fibula and femur snaps. Even the strongest of bones struggle to withstand the force of a big rig accident; they can break and bend under extreme pressure.

Head Injuries, Including Traumatic Brain Injuries

Catastrophic head injuries, like traumatic brain injuries, are an unfortunate side effect of serious truck accidents because of their size and weight. The impact of the collision can damage brain structures and tear nerve tissues. The resulting injuries can disrupt communication and chemical processes of the brain, leading to temporary or permanent brain damage, coma, or death.

Lacerations and Amputations

In a semi-crash, a person’s arm or leg can separate or nearly separate from their body if they get trapped under debris or the vehicle. When blood flow is cut off for too long, amputation might be necessary to save the person’s life and remaining limbs. Additionally, tears in soft tissues could add to other injuries but offer a shorter recovery time.

Wrongful Death

When a truck driver causes a loved one’s death, a wrongful death suit can help recover damages for funeral and future living expenses. Most large truck accident deaths in 2021 involved semis and large commercial trucks. California ranked second in the nation for fatal truck accidents (437) in 2021.

Our fatal truck accident lawyers can help you file a wrongful death lawsuit and prove negligence to recoup significant losses.

Top Causes of Truck Accidents in California

Distracted Driving

California has some of the strictest laws on using cell phones while driving, and for good reason. Distracted driving (talking on the phone, falling asleep, eating, playing with the radio, and other things that avert a driver’s attention) is one of the most common causes of collisions.

Truck drivers are most prone to fatigued driving, a type of distracted driving that can seriously harm other drivers. Truck drivers have to follow time limits while driving a truck to avoid falling asleep at the wheel or engaging in drowsy driving, which can cause accidents. Federal regulations dictating maximum hours of service help limit problems. However, trucking companies may still pressure their drivers to stay on the road in order to meet tight deadlines.

Speeding

Speeding in an 80,000-pound vehicle is a quick and incredibly dangerous way to harm multiple people on the road. The sheer force and weight of big rigs make it nearly impossible for a semi to stop abruptly. As such, speeding can result in catastrophic injuries and, in more cases, wrongful death.

Poor Weather

Truck drivers must be aware of road conditions. Rain, snow, and fog reduce visibility; larger trucks need longer stopping distances to break. Trucks with hauler trailers are susceptible to rollovers or jackknife accidents.

Improperly Loaded Cargo

Trucks carry heavy cargo from state to state, and sometimes, the cause of an accident is an improperly secured trailer or cargo. Vehicle Code 35551 dictates commercial truck size, weight, and load.

Sadly, regulations aren’t always at the top of mind for inexperienced or poorly trained drivers. Large trailers can come loose when weight conditions are surpassed, or drivers can lose heavy cargo and cause dangerous road conditions.

Driving Under the Influence

Drunk driving in a semi-truck, or any vehicle, for that matter, jeopardizes other drivers’ safety. California commercial driver’s license standards set the tone for truck drivers, including drunk driving. A BAC of 0.04 percent or more is illegal and potentially subject to criminal and civil penalties, especially if injuries or death are involved.

Not Following the Rules of the Road

There are road rules for a reason, so drivers with different vehicles, pedestrians, and bikers can safely coexist on the road.

Chaos and disruption can happen when:

1. Drivers ignore signs
2. Drive on the wrong side of the road
3. Take illegal u-turns
4. Turn incorrectly or take swinging turns

Poor Truck Maintenance or Manufacturer Errors

Truck maintenance is one way to avoid unnecessary collisions, injuries, and death. However, maintenance neglect and failure happen, as do manufacturer errors that cause unexpected accidents. Worn brake pads, leaks, improper load, broken or weak trailer parts, engine problems, tire blowouts, and more are examples of poor truck maintenance and manufacturer errors.

The truck driver is responsible for reporting maintenance issues or errors. Still, trucking companies and trucking or trailer manufacturers could be held accountable if they fail to conduct proper maintenance or act on issues.

Types of Truck Crashes

Head-On Truck Accidents

Trucks are larger and need more time to stop. They need more room for stopping distance or one second for every ten feet of car length if going below 40 mph. The faster truck drivers go, the less time they have to break. Head-on collisions often happen because of negligence and poor road conditions like snow, rain, fog, or sleet. Driver education and safety measures are essential to help with accident prevention.

Rear-End Truck Accidents

Large commercial trucks need more stopping distance. A rear-end accident is imminent if they are too close to another vehicle and they brake suddenly. When this happens, it is usually not just a fender bender given the size difference of the vehicles.

A smaller passenger vehicle can get stuck under the truck, often ripping off the top of the smaller car and crushing it. With this type of truck crash, head injuries or forced ejections are frequently reported.

Jackknife Truck Accidents

Reckless driving can force a truck driver to slam on their breaks. Negligence and substandard cargo loading, too, increase the chances of jackknife accidents.

Rollover Crashes: Tripped Crashes and Untripped Crashes

Commercial trucks are heavy and less stable vehicles prone to rolling and flipping. Truck rollovers or tripped crashes happen when a truck hits a barrier, overpass, or collides with a curb. Untripped crashes are caused by momentum, causing trucks to lose traction and steering control. About 52 percent of large truck deaths occurred due to rollover accidents.

FAQs: Hiring Truck Wreck Attorneys

How do I find 18-wheeler accident lawyers near me?

To find the best 18-wheeler accident lawyer, look at local reviews and schedule virtual consultations. It’s convenient to have local lawyers in the community who understand not only local laws but also understand the roads in the area and have knowledge of nearby resources.

How much do truck accident lawyers cost?

Truck accident or personal injury lawyers typically do not require upfront payments to take on an accident case. Porter Simon Sierra Injury Lawyers is a good example. We work on a contingency fee and don’t get paid unless our clients get paid. In addition, we offer free, no-obligation consultations so you can learn more about your case and see if we are a mutual fit.