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San Diego Big Rig Accident Attorney
Big Rig Accident Attorney
Receive Just Compensation for the Big Rig Accident Injuries You Suffered in San Diego, CA
If you were in an accident involving a large truck and the driver violated regulations or was otherwise careless, you have legal rights. You can seek the compensation you deserve with the help of our qualified big rig accident attorney in San Diego CA at Benner Law Firm.
Our law firm has a proven track record of obtaining favorable verdicts and settlements for our clients. We have the experience needed to fight for your rights and obtain the best possible outcome for your case. Contact us today to learn how we can help you. Call now to schedule a free strategy session.
Why Do I Need a Big Rig Accident Attorney in California?
Having our big rig accident attorney in San Diego CA by your side can be crucial in successfully navigating your legal journey. At Benner Law Firm, we limit the number of cases we take on to provide our clients with the personalized attention, support, and communication they deserve.
This allows our clients to focus on healing and moving forward with their lives while we handle the challenging and complex aspects of litigating their cases. Our services include:
- Conducting initial investigations
- Gathering and requesting evidence
- Communicating with insurance companies
- Handling formal legal procedures such as discovery, depositions, settlement negotiations, and trials if necessary
Without skilled legal advocates on your side, you are at risk of being victimized by profit-driven insurance companies and the lack of resources needed for high-stakes cases. Let our legal team help you protect your rights and get the compensation you deserve.
What is a Big Rig?
A big rig is a large and powerful tractor-trailer truck used for hauling goods over long distances. It typically consists of a powerful diesel engine, a cab for the driver, and a trailer for carrying cargo. Big rigs are also known as semi-trucks, 18-wheelers, or simply semis.
These vehicles are designed to handle heavy loads and can often carry up to 80,000 pounds of cargo. They play a crucial role in the transportation industry, as they are responsible for delivering goods across the country and around the world.
What Are the Different Contributing Factors in a Big Rig Accident?
To receive compensation for injuries sustained in a large truck accident, you and your personal injury lawyer must be able to prove that someone else’s negligence caused the crash. While the truck driver is often at fault, it is not always straightforward.
Several other parties could be responsible for a big rig accident. These factors can help establish the fault of another party in your case:
- Exhausted Driving
- Inattentive Driving
- Intoxicated Driving
- Unsecured Freight
- Unsafe Road Conditions
- Incorrect Braking
- Brake Malfunction
- Highway Construction
- “Squeeze Play” for Turns
Identifying the cause of your accident is vital in establishing liability and ensuring that you receive the appropriate amount of compensation.
What Are the Most Common Types of Big Rig Accidents in California?
Many accidents occur due to various factors such as driver negligence, inadequate vehicle maintenance, unsafe road conditions, or other drivers’ failure to navigate around large trucks. The following are some of the most frequent types of large truck collisions:
A rollover accident occurs when the trailer attached to the truck falls over on its side. Rollover accidents can happen because of steep inclines, sharp turns, or driving at high speeds. Truck drivers can also cause rollovers unintentionally by oversteering or trying to correct a drifting trailer.
When a tractor-trailer turns to one side while its trailer continues moving forward, it creates a 90-degree angle, which is called a “jackknife.” The trailer cannot stop in this situation, and the driver loses control of the vehicle. This can cause the trailer to roll over, resulting in an accident.
A rear-end accident occurs when one vehicle collides with the back of another vehicle. In the case of a big rig, a rear-end accident can be particularly dangerous due to the large size and weight of the truck, which can cause significant damage and injuries to the vehicle and occupants in the front.
An “underride” collision happens when a smaller vehicle crashes into the back of a large truck that is slowing down or stopping suddenly. They can also happen when a smaller vehicle collides with the side of a truck while attempting to pass or merge.
This can result in serious injuries or fatalities to the occupants of the smaller vehicle.
What Are the Typical Big Rig Accident Injuries?
It is uncommon for people in smaller passenger vehicles to escape unharmed after colliding with an 18-wheeler or other large truck. Usually, those in the smaller vehicle suffer severe injuries that can have a lasting impact on their lives.
These injuries can make it difficult to take care of oneself, work, maintain relationships, and engage in activities one enjoys. Some common injuries resulting from such accidents include:
- Paralysis resulting from spinal cord injuries
- Internal wounds and internal hemorrhage
- Devastating burn injuries
- Soft tissue injuries
- Facial injuries and lacerations
- Broken bones and fractured bones
- Traumatic Brain Injuries
A collision with a large truck can cause physical injuries as well as psychological damage. Victims may also experience emotional distress, including depression, anxiety, and post-traumatic stress disorder, in addition to physical injuries.
What to Do Following a Big Rig Accident?
Following a collision involving a big rig, there are particular measures you should take to safeguard your well-being and entitlement to reimbursement.
If you or anyone else is hurt, it is essential to call 911 for emergency medical help. Also, it is vital to have law enforcement come to the scene to make an accident report that contains important details about the crash and the officer’s opinion on who caused it. This report can be crucial in determining fault when dealing with insurance companies.
Keep the Evidence
If you don’t need to go to the hospital after a big rig accident, gather evidence at the scene, including taking pictures and videos. Document the vehicles’ positions, any debris or damage, traffic signs, skid marks, and injuries. Ask the truck driver and others involved for their contact, company details, and insurance information. If there are witnesses, ask for their contacts and if they are willing to record what they saw on your phone.
Obtain Medical Care
It is important to visit a doctor soon after the accident, even if you think you are not hurt. Some serious injuries may not show any immediate symptoms, and it is crucial to have medical records that can link your injuries and potential injuries to the accident.
Notify Your Insurer of the Accident
Inform the insurance company about the big rig accident, but avoid providing a recorded statement until you have consulted with a personal injury attorney.
Consult With our San Diego Big Rig Accident Attorney
Get in touch with our big rig accident attorney in San Diego CA as soon as possible. It is crucial to gather evidence promptly after a truck accident to ensure you receive complete and equitable compensation.
Who Can Be Held Liable for Your Big Rig Accident Injuries?
Figuring out who is responsible for a large truck accident can be difficult and requires a knowledgeable legal professional. The regulations related to liability in truck accidents can be complicated, and these collisions often involve several parties including:
- The Negligent Driver
- The Trucking Firm
- The Truck’s Manufacturer
- The Shipping or Loading Company
A big truck accident can involve multiple factors, making it difficult to determine who is at fault. That’s why it’s crucial to seek the assistance of our big rig accident attorney in San Diego CA if you’ve been injured in one.
How to Prove Negligence in a Big Rig Accident Injury Claim in California?
To prove negligence in a big rig accident injury claim in California, you must establish the following elements:
Duty of Care
The first step in proving negligence is to show that the big rig driver had a duty to exercise reasonable care while operating the vehicle.
Breach of Duty
The next step is to prove that the driver breached this duty of care. This could include driving too fast for the road conditions, failing to properly maintain the vehicle, or driving while distracted or fatigued.
You must then show that the driver’s breach of duty caused the accident that led to your injuries. This could include showing that the driver’s actions directly caused the accident or that the accident would not have occurred if the driver had acted with reasonable care.
Finally, you must demonstrate the damages that you suffered as a result of the accident. This could include medical bills, lost wages, and pain and suffering.
To prove negligence in a big rig accident injury claim, it is important to gather as much evidence as possible, including police reports, witness statements, and medical records. You may also need to consult with experts, such as accident reconstruction specialists or medical professionals, to help establish the cause of the accident and the extent of your injuries.
It is highly recommended to hire our personal injury attorney who can guide you through the legal process and help you build a strong compensation case.
What is California’s Comparative Negligence Rule?
One aspect of California law that can make things complicated is the idea of pure comparative negligence. This means that multiple parties can share the responsibility for an accident, regardless of how small their contribution may have been.
If you were in a collision with a semi-truck, and the truck driver was found to be 90 percent at fault, you may be assigned 10 percent of the blame. This means you would receive 10 percent less compensation than you would have if you weren’t assigned any blame at all.
Our big rig accident attorney in San Diego CA can help prove that you are not at fault for the accident and that your injuries have had a negative impact on your life.
What is the Value of My Big Rig Accident Injury Claim?
Numerous variables are considered when determining the value of your injuries and damages, including:
- The severity and scope of your injuries
- Due to your injuries, you have experienced pain and suffering
- The influence and constraints that your injuries have on your life
- The prognosis for your long-term recovery
- The emotional consequences you have endured as a result of the tractor-trailer accident and ensuing injuries
- You missed work because of your injuries
- Whether your injuries are permanent or not
- Whether or not your earning potential is diminished as a result of your injuries
- Whether or not the defendant’s behavior merited punitive damages
What Are the Recoverable Damages in a Big Rig Accident Injury Claim in California?
Although nothing can completely restore the quality of life of someone who has suffered severe injuries in a big truck accident, a significant settlement can help in many ways. Our law firm believes in fighting for our client’s rights to receive full compensation for the damages they have suffered in a truck accident. These damages may include:
- Medical bills
- Future hospital bills
- Lost wages and diminished earning potential
- Damage to property
- Pain and suffering
- Emotional anguish
- Wrongful death
In some cases, a victim of a semi-truck accident may be entitled to punitive damages. These damages are awarded by a jury if the defendant’s actions were intentionally harmful or displayed extreme recklessness. Factors that may lead to punitive damages include drunk driving, tampering with evidence, violating regulations, or hiring unqualified drivers.
What is California’s Statute of Limitations for Big Rig Accident Injury Claims?
In California, personal injury claims have a time limit of two years, including wrongful death claims resulting from semi-truck accidents. Failing to file a lawsuit within this period means you lose your right to seek compensation for your injuries.
It’s essential to start working on your case as early as possible because investigating a big rig accident and gathering evidence to prove fault and liability may take a while. By hiring our personal injury lawyer and starting the legal process early, you increase your chances of building a strong case.
Contact Our San Diego Personal Injury Law Firm Today
If you have been involved in a big rig accident and are seeking a settlement, it is important to consult with our big rig accident attorney in San Diego CA before accepting any offers. At Benner Law Firm, our personal injury attorneys have extensive experience handling complex cases and will work to ensure you receive full compensation.
We investigate all parties that may be liable and explore all available insurance coverage. We also take the time to explain the recovery process in a way that is easy to understand and are available to answer any questions you may have. If you want to learn more about your options, please contact us.
Our San Diego personal injury law firm can also legally assist you with Auto Accidents, Medical Malpractice, Premises Liability, Workers’ Compensation, Mass Torts, Product Liability, and Wrongful Death cases.
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PERSONAL INJURY & DEFENSE BASE ACT ATTORNEY SERVING SAN DIEGO, CA
San Diego Office
Benner Law Firm, PC
409 Camino Del Rio S., Suite 106, San Diego, CA 92108, USA
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