California Truck Accident Lawyers

Experienced Truck Accident Lawyers Helping You Through an 18-Wheeler Accident

When a semi-truck collides with a regular passenger vehicle, the damage tends to be much more devastating than a typical car-versus-car accident. Due to their massive size and weight, trucks are more difficult to control and can easily cause serious injury and wrongful death if an accident does occur.

Factoring in other issues associated with tractor-trailers, such as driver fatigue or faulty loading jobs, means that the truck driver and/or the trucking company are often to blame for these serious wrecks. However, commercial trucking companies typically have vast resources at their disposal that they can use to fight even rightful claims.

Therefore, to protect your future and finances, you should consult qualified truck accident lawyers before you sign anything or file a lawsuit.

At James McKiernan Lawyers, our qualified team of truck accident attorneys has decades of experience representing truck accident claims. If you sustained serious injuries or lost a loved one in a truck wreck, we may be able to help. Our truck accident lawyers can investigate your accident to determine all liable parties and hold them accountable for their actions. Our legal team is passionately committed to helping you receive maximum compensation for your injuries and other accident-related damages.

Contact our law office today to schedule a free consultation with a California trucking accident lawyer who will gladly discuss your legal options and how we can help.

What are the Benefits of Hiring a Trucking Accident Attorney to Handle My Personal Injury Claim?

If you are a truck accident victim, you may feel overwhelmed and unsure how to recover compensation for medical bills, lost wages, and property damage. Many accident victims mistakenly believe they cannot afford to hire a truck accident lawyer because they fear how much it may cost. However, most personal injury attorneys work on a contingency fee basis, meaning that clients do not have to pay legal fees unless their legal representative wins their case.

Some of the most significant benefits of hiring a truck accident attorney include:

Comprehensive knowledge: A truck accident lawyer understands the legal complexities associated with federal trucking regulations and how they can impact the case. Your lawyer can also assist you in completing and turning in legal paperwork and meeting deadlines.
Conduct thorough investigations: A knowledgeable truck accident lawyer can gather and review critical evidence, including police and medical reports, accident scene photos and videos, driver logs, and witness statements. Additionally, an attorney can obtain evidence from the truck’s black box, also referred to as the event data recorder (EDR), to build a solid case.
Determine liability: In semi-truck accident cases, more than one entity can often be liable for the crash. A skilled truck accident lawyer can review the evidence to determine multiple liability issues and discern who should be held accountable for negligence.
Negotiate with the insurance company: When you hire a truck accident lawyer, they will act as your legal liaison with the insurance company so you can focus on healing. An attorney will ensure you are treated fairly by the insurance company and fight to maximize compensation for your injuries.
Truck accident litigation skills: If the insurance company is unwilling to negotiate your truck accident case, it may be necessary to go to court to try and obtain fair compensation. A truck accident lawyer has the skills needed to present a persuasive case to the jury.

Allow our California truck accident attorneys to review your case so we may determine how we can best approach your legal needs.

What Are Common Causes of Truck Accidents?

Trucking accidents may happen for many reasons. Often, these accidents result from driver negligence or the trucking company’s failure to conduct proper training. Another common cause of trucking accidents can be linked to speeding. Fully loaded commercial vehicles cannot stop quickly, and when traveling at excessive speeds can lead to deadly consequences for other motorists.

However, several other contributing factors lead to commercial truck accidents, including:

Driver fatigue: Federal law limits the number of hours that a commercial driver may spend behind the wheel. However, drivers may ignore these restrictions to make delivery deadlines or take on more jobs. Additionally, trucking companies may pressure drivers to work longer hours or set unreasonable delivery deadlines.
Driver inattention or distraction: Federal regulations prohibit truckers from texting, driving, or using cell phones, except for hands-free devices. Still, many drivers ignore these rules, leading to deadly accidents.
Drunk driving or driver intoxication: Truck drivers may be particularly prone to abuse stimulant drugs to stay awake on long drives. In other instances, drivers choose to drive while under the influence of alcohol, posing a significant risk to other motorists.
Improper truck or trailer maintenance: Lack of mandatory routine maintenance can cause dangerous mechanical malfunctions and accidents.
Improper tire maintenance: Tire blowouts are a serious problem for commercial trucks; truck tires are routinely “retreaded,” a process in which new tire tread is added to old wheels. When done incorrectly, the retread may peel off at high speeds, causing the driver to lose control.
Negligent driving in bad conditions: All drivers must slow down and adjust their driving to fit weather and road conditions. However, negligent truck drivers may fail to do so, especially if facing pressure from the trucking company to meet deadlines.
Improper loading: Negligence by the driver or other workers during the loading process can cause tractor trailers to jack-knife or tip off-balance on the road.

What Are Common Truck Accident Injuries?

Unfortunately, when involved in an accident with a vehicle as large as a tractor-trailer, drivers, and passengers in smaller automobiles often sustain profound, life-changing, or even deadly injuries. Our California truck accident lawyers commonly represent injured victims who have sustained severe injuries, including:

Spinal cord injuries: These catastrophic injuries include herniated discs, bulging vertebrae, and nerve compression. In many cases, a spine injury results in full or partial paralysis.
Head and neck injuries: Trauma to the head and neck may result in brain injuries as well as whiplash, cervical damage, and severe concussions. In the most serious cases, a traumatic brain injury may cause permanent impairment or wrongful death.
Internal injuries: These include internal bleeding and organ damage.
Broken bones: A truck accident may cause fractures, bone breaks, and sprains. In truck accident cases, victims often sustain multiple fractured or broken bones.
Burns: Engine fires or explosions due to chemical cargo can cause extensive burn injuries.
Fatalities: Sadly, truck accident injuries are extensive and severe enough to result in wrongful death.

Additionally, due to the severity of trucking accidents, many victims sustain catastrophic injuries that can render them permanently disabled or take considerable time to heal properly. Catastrophic injuries may include spinal cord and traumatic brain injuries, amputations, severe burns, and organ loss.

If you have sustained injuries in a commercial truck accident, contact James McKiernan Lawyers of Southern California to schedule a free initial consultation. We will professionally assess your case and determine what legal strategies best meet your needs.

Who Can Be Held Liable for Commercial Truck Crashes?

The truck driver involved in the accident is usually someone an accident victim feels should be held responsible for their injuries. However, depending on the facts of the accident, the trucking company, loading company, or even the municipality in charge of the highway may also be to blame for commercial truck accidents.

Trucking Company

A trucking company might be liable for an accident if it engaged in negligent hiring practices, such as not performing background checks on drivers before hiring them. Other practices that could lead to liability include the company’s failure to train or supervise drivers properly or pushing drivers to operate over their federally regulated Hours of Service (HOS). Finally, a trucking company may also be at fault for an accident if they fail to service and maintain their commercial vehicles properly.

Loading Company

An accident victim may be able to file a claim against a loading company if they loaded cargo incorrectly. If the load is not secured properly, it could shift during transport, causing the driver to lose control of the vehicle. Shifting loads have been known to cause a truck to jackknife or rollover, putting other motorists at risk.

Municipalities

A government municipality may be held responsible for a truck accident if it can be proven that poor road conditions contributed to it. Potholes, uneven lanes, and other hazardous conditions often lead to car and truck accidents.

It can be challenging to determine multiple liability issues without the help of a knowledgeable attorney. Contact our truck injury lawyers today so that we may professionally assess your case.

What Steps Can I Take to Protect Myself After Being Injured in a Large Truck Accident?

If you have been involved in a semi-truck accident, you may feel frightened and unsure of the steps you can take to protect yourself. The first thing to remember is to try to stay calm and follow several essential steps, which include:

Remain on the accident scene and check yourself and others for injuries.
If possible, move damaged vehicles to the side of the road.
Call 911 to report the accident. If there are injuries, be sure to request that emergency medical responders be dispatched to the scene.
If you are able, exchange information with the truck driver, including driver’s license and insurance information.
Thoroughly document the accident scene by taking numerous photos and videos, including vehicle damage, skid marks, and lighting and weather conditions.
Gather contact information from bystanders who witnessed the accident.
Even if you do not think you are injured, seek medical attention immediately, as you may have internal injuries that could be life-threatening if left untreated.
Do not post information such as pictures or videos of the accident on social media. Insurance companies often look at truck accident victims’ social media posts to try and find ways to deny claims.
As soon as possible, consult an experienced truck accident attorney like James McKiernan Lawyers, who can thoroughly review your case and determine what legal strategies meet your needs.

Contact our Southern California truck accident lawyers today to learn more about how we can help you obtain the justice you deserve.

What Type of Financial Compensation Can I Recover After Being Injured in a Truck Crash?

Semi-truck accidents typically result in victims suffering significant injuries that often take considerable time to heal. If you have been injured and are trying to recover, you may be unable to return to work, making it challenging to make ends meet. Additionally, even with health insurance, you may be trying to figure out how to pay unexpected medical bills that can quickly add up.

Fortunately, California personal injury law allows truck accident victims to try and recover economic and non-economic damages after a collision.

Economic Damages

Economic damages are awarded to reimburse accident victims for out-of-pocket expenses incurred due to injury. Commonly awarded economic damages include compensation for:

Current and future medical expenses, including physical therapy or rehabilitation services
Lost wages
Loss of earning potential
Property damage

Non Economic Damages

Non-economic damages are awarded based on intangible losses the victim has experienced. Because every truck accident case differs, any financial compensation that may be awarded can also vary. Some of the most commonly awarded economic damages include:

Pain and suffering
Loss of enjoyment of life
Emotional distress
Permanent disfigurement and scarring

Our Southern California law firm is dedicated to helping trucking accident victims recover maximum compensation for their injuries. Contact us today to schedule a free consultation with a California truck accident attorney who will gladly review your case.

Why Do I Need to Hire a Lawyer Before Speaking to the Insurance Company?

One of the most common pieces of advice that accident lawyers give to clients is not to speak to the insurance company without legal representation. However, many accident victims are unsure why they need to hire a lawyer.

The trucking industry and its insurers face countless lawsuits annually. Although insurance companies portray themselves as on your side through advertising, they focus more on maintaining profitability than paying claims. Large truck accidents typically result in severe injuries that could force the companies to pay out substantial claims. As a result, insurance providers have legal teams whose only job is to find ways to deny or reduce claims.

One of the most common methods an insurance company will use is offering quick settlements to truck accident victims. Insurance representatives know that most injury victims are most likely unable to work and may readily agree to a fast settlement. Although a fast truck accident settlement may seem enticing, you should only agree to sign documents if you allow a truck accident attorney to review them first. Sometimes, a quick settlement will not compensate for future medical expenses or pain and suffering.

Insurers often use the other method of asking injury victims to agree to give a recorded statement providing details of how the accident occurred. The insurance company may try to tell you that if you do not agree to provide a statement, it will take longer to process your claim. However, you should never agree to make any statement in written or oral form, as the insurance company has the right to use it against you to try and deny or reduce your claim.

Because of the legal complexities of dealing with an insurance company, it is always best to allow an experienced truck accident lawyer to act as your legal representative to ensure you are treated fairly.

How Long Do I Have to File a Truck Accident Claim?

If you or a loved one have been injured in a collision, you have two years from the date of injury to file a truck accident lawsuit. However, there are specific exceptions to the state’s statute of limitations, which include:

An injured party was a minor or mentally incompetent at the time of the truck accident. The statute of limitations may be “tolled” or paused until the individual turns 18 or they are declared mentally competent to proceed.
If the defendant in the case is a government entity, personal injury victims are only allowed six months from the date of the injury to file a compensation claim.
In cases where the truck accident has resulted in a fatality, the family may be entitled to file a wrongful death lawsuit. Family members have two years from the date of their loved one’s death to file a wrongful death claim.

Although two years may seem acceptable to file a claim, you should immediately seek help from a qualified truck accident attorney. Time can quickly pass, severely impeding an attorney’s ability to build a solid case. Video evidence can be overwritten in a matter of days, and witnesses may move or their memories fade.

If you wait until after the deadline to file a compensation claim has passed, the court will most likely dismiss your case. Once your case is dismissed, you will lose all legal recourse to try and recover compensation even if you have sufficient evidence.

Contact James McKiernan Lawyers and ask to speak with one of our highly experienced California truck accident lawyers who can assist you with beginning the legal process.

What Types of Damages are Available in A California Wrongful Death Claim?

One of the most unimaginable tragedies any family can face is having to deal with the death of a loved one caused by another person’s negligence. According to truck accident statistics, approximately 377 people die in California collisions each year.

If you have lost a loved one due to a trucking accident, you are probably feeling angry and overwhelmed as you struggle to figure out what steps you can take to hold the negligent party accountable for their actions.

California law allows families of wrongful death victims to file wrongful death claims to try and recover economic and non-economic damages. Economic damages, including funeral, burial, or cremation costs, may be awarded. Additionally, a family may receive compensation for medical bills the decedent incurred due to their fatal injuries and loss of income and other benefits due to the death of their loved one.

Non-economic damages may compensate families for pain and suffering and loss of guidance and support. Finally, a surviving spouse or domestic partner may also be entitled to loss of consortium damages, which refer to the loss of love, affection, and companionship shared between them and the decedent.

In rare cases, a court may award family members punitive damages to punish the wrongdoer and warn others not to repeat the same actions. However, punitive damages are reserved for cases that involve gross negligence or intentional misconduct.

To learn more information about filing a wrongful death claim, contact our law firm and ask to schedule a consultation with one of our California truck accident attorneys, who will gladly answer your questions.

Why Should I Trust James McKiernan Lawyers to Help Me File a Truck Accident Claim?

At James McKiernan Lawyers, our California truck accident lawyers, understand the severe consequences that can result when large commercial vehicles collide with smaller passenger vehicles.

When you come to us for legal assistance, we help find out who is at fault for your injuries or the loss of a loved one after a truck accident. Our trucking accident attorneys fight for your right to compensation and work to the best of our ability to secure the best outcome for your case.

Insurance companies that provide coverage for large trucks constantly seek ways to avoid paying claims. However, our legal team is passionately committed to fighting for your legal rights to ensure you are treated fairly.

If you suffered an injury in a truck accident, then contact us for a free consultation with a personal injury attorney in California’s Central Coast. We understand your pain and do what it takes to hold the responsible parties accountable.

Contact James McKiernan Lawyers today at 805-476-4304 to schedule a free consultation with a California trucking accident attorney who will help you get the justice and peace of mind you deserve.

Unfortunately, when involved in an accident with a vehicle as large as a tractor-trailer, chances are your injuries are serious. Our San Luis Obispo truck accident lawyers see common truck accident injuries that include:

Spinal cord injuries: Herniated discs, bulging vertebrae, nerve compression, paralysis
Head and neck injuries: Brain injuries, whiplash, cervical damage, concussion
Internal injuries: Internal bleeding, organ damage
Broken bones: Fractures, breaks, sprains
Burns: From engine fires or explosions due to chemical cargo or airbags
Fatalities: Often, injuries are catastrophic enough to result in wrongful death

Even a minor truck accident injury could result in you being forced to pay expensive medical bills, creating a financial crisis if you cannot return to work.

If you are recovering from truck accident injuries, you need a lawyer who will act as your legal advocate with the insurance company so you can focus on your recovery. Contact our San Luis Obispo personal injury lawyers to discuss your case and learn more about our legal services.