18 Wheeler Truck Accident Attorney in San Diego, CA

18-Wheeler Truck Accidents

Take legal action and get compensated for your 18-wheeler truck accident case

If you have been hit by a truck that acted negligently, you have the legal right to file a claim with the help of an 18 wheeler truck accident attorney in San Diego, CA. An experienced personal injury law firm will help you navigate the entire process, no matter how complex it may be, to obtain the rightful compensation you deserve. Don’t hesitate to seek legal assistance! We offer strategic guidance and representation when you have been injured here at Benner Law Firm. It is our core principle to treat every client like family. We also maintain transparency, ensuring the services you receive are personalized to your specific situation. If you are worried about your medical expenses, get a free strategy session now.

What is Personal Injury?

Personal injury in San Diego, California, refers to any harm or injury caused to a person due to the negligence or wrongdoing of another party. This can include physical injuries, such as broken bones, cuts, or bruises, and emotional trauma or mental distress caused by an accident or incident.Common types of personal injury cases in San Diego include: In personal injury cases, the injured party (the plaintiff) can seek compensation for damages such as medical bills, lost wages, pain and suffering, and other related expenses. To pursue a personal injury claim, seek the assistance of an experienced 18-wheeler truck accident attorney who can help guide you through the legal process and protect your rights.

Overview of the Most Common Causes of 18-Wheeler Truck Accidents

Some of the most common causes of accidents involving large commercial trucks (such as 18-wheelers) can include:
  • Driver error: Driver error is one of the leading causes of truck accidents. It includes issues like distracted driving, driving under the influence of drugs or alcohol, speeding, and fatigue.
  • Equipment failure: Mechanical failures, such as brake failure or tire blowouts, can cause accidents involving commercial trucks. These accidents may occur due to inadequate maintenance or defects in manufacturing.
  • Improper loading: When a truck is improperly loaded, it can lead to accidents. Overloading a truck or not securing cargo properly can cause the vehicle to tip over or jackknife.
  • Poor weather conditions: Poor weather conditions, such as rain, fog, or ice, can make it more difficult for drivers to see the road and control their vehicles.
  • Roadway design: Poor roadway design can make it more difficult for trucks to navigate, increasing the risk of accidents. Examples include steep hills, sharp curves, and narrow lanes.
  • Human factors: Other human factors, such as road rage, reckless driving, and poor judgment, can also lead to truck accidents.
Remember that many truck accidents involve many combined factors. A skilled 18-wheeler truck accident lawyer can help determine the causes of an accident and hold responsible parties accountable.

Types of Compensation Available in 18-Wheeler Truck Accident Cases

There are various types of compensation that victims may be eligible to receive when it comes to 18-wheeler truck accident cases. These include:
  • Economic damages: These are damages directly related to the victim’s financial losses resulting from the accident. Examples include medical bills, lost wages, and property damage.
  • Non-economic damages: These damages are not directly tied to financial losses but are still considered compensable. They are intended to compensate for the victim’s pain and suffering, emotional distress, and other intangible losses resulting from the accident.
  • Punitive damages: These damages are intended to punish the at-fault party for their egregious behavior or gross negligence. They are not awarded in all cases but in cases where the defendant’s actions were heinous or reckless.
Determining the value of an 18-wheeler truck accident case in California depends on various factors, including the severity of the injuries, the extent of property damage, the amount of lost income, and the overall impact of the accident on the victim’s life.A competent San Diego, CA, 18-wheeler truck accident attorney can help evaluate the specific factors of your case and determine an appropriate value for your claim. They can negotiate with insurance companies and pursue legal action to obtain fair compensation for the victim’s losses.

Who Can Be Liable For a Truck Accident in San Diego?

Several parties can be held liable for a truck accident in San Diego, depending on the circumstances surrounding the accident. These parties may include:
  • The truck driver: If the truck driver was negligent, reckless, or violated traffic laws, they may be held liable for the accident.
  • The trucking company: If the trucking company failed to maintain the vehicle properly, failed to train the driver adequately, or pressured the driver to violate safety regulations, they may be held liable for the accident.
  • The truck owner: If the truck is owned by a separate entity from the trucking company, such as a leasing company or individual owner, they may be held liable for the accident.
  • The manufacturer of the truck or its parts: If the accident was caused by a defect in the truck or one of its parts, the truck manufacturer or its parts may be held liable.
  • Other drivers or entities: If the accident was caused by another driver’s negligence on the road or by a third party, such as a construction crew or road maintenance company, they may be held liable for the accident.

How Do I Prove Negligence After a Truck Accident in San Diego, California?

The following elements must typically be established to prove negligence after a truck accident in California:
  • Duty of care: The plaintiff must show that the defendant (i.e., the truck driver, trucking company, or other party) had a duty of care to operate their vehicle safely and reasonably.
  • Breach of duty: The plaintiff must demonstrate that the defendant breached their duty of care by acting negligently or recklessly, like violating traffic laws or failing to maintain the truck properly.
  • Causation: The plaintiff must show that the defendant’s breach of duty caused the accident and resulting injuries.
  • Damages: The plaintiff must demonstrate that they suffered damages, such as physical injuries, medical bills, lost wages, and other economic and non-economic losses, from the accident.
Evidence may be gathered through various means to prove negligence after a truck accident, including:
  • Witness statements: Statements from witnesses who saw the accident can provide valuable insight into what happened and who may be at fault.
  • Police reports: Police reports can provide detailed information about the accident and may include statements from the involved parties.
  • Video footage: If available, video footage from traffic cameras, dashboard cameras, or other sources can be used to reconstruct the accident and determine fault.
  • Expert testimony: Expert witnesses, such as accident reconstruction specialists, can provide valuable insight into how the accident occurred and who may be at fault.
  • Medical records: Medical records can help establish the extent and severity of the plaintiff’s injuries and demonstrate the damages they suffered from the accident.
  • Truck driver logs: Truck driver logs, also known as hours-of-service (HOS) records, can be crucial evidence in truck accident cases. These logs are maintained by truck drivers and trucking companies to track the number of hours the driver has been on duty and the number of hours they have been driving.
  • Truck maintenance logs: Truck maintenance logs can also be critical evidence in truck accident cases. These logs are maintained by trucking companies to document the maintenance and repairs performed on the truck.
  • Post-accident drug and alcohol testing: After a severe truck accident, commercial truck drivers are required to undergo drug and alcohol testing to determine if they were under the influence at the time of the accident.
  • The black box recorder: The black box recorder, also known as the electronic control module (ECM) or event data recorder (EDR), can be essential evidence in truck accident cases. This device is similar to the black box recorder used in airplanes and is typically installed in commercial trucks to record data related to vehicle operations.
  • Internal trucking company records and policies: Trucking companies need to maintain various records related to the operation of their vehicles, including driver logs, vehicle maintenance records, dispatch records, and safety policies and procedures.

Statute of Limitations in 18-Wheeler Truck Accidents

The period of filing a lawsuit after a truck accident in California is subject to a statute of limitations or a legal deadline for filing a lawsuit. In California, the statute of limitations for personal injury cases, including truck accidents, is generally two years from the accident date.If a lawsuit is not filed within these two years, the injured person may lose the right to pursue legal action and obtain compensation for their injuries. Remember that the statute of limitations can vary depending on the circumstances of the case, and there may be exceptions that could extend or shorten the time limit.In some cases, the injured person may not be aware of their injuries until some time after the accident. In these situations, the statute of limitations may be extended, and the two-year period may begin from the date the injuries were discovered or should have been discovered through reasonable diligence.Overall, act quickly and do not delay pursuing legal action after a truck accident in California to ensure the injured person’s rights are protected and they have the best chance of obtaining fair compensation for their injuries.

Why Do I Need an 18 Wheeler Truck Accident Attorney in San Diego, CA?

Suffering from an 18-wheeler truck accident will put your health and medical expenses at stake. You do not want to pay exorbitant expenses because of someone else’s fault. Moreover, the entire process of claiming damages is typically complicated for an average individual. Thus, to get the best possible results, you need an 18-wheeler truck accident lawyer who possesses the following characteristics:
  • Experienced – Always choose someone with high-volume and relevant experience. The right 18-wheeler accident attorney can assist you in navigating your complicated case and ensure your rights are protected throughout the process.
  • Genuine Care – When you sustain an injury, regardless of how severe it is, every pain you encounter is valid. Do not choose someone who cannot respect your struggles and difficulties. Choose an 18-wheeler truck accident lawyer who will treat you like family. Attorney-client relationships and partnerships will play a crucial role in claiming damages.
  • Personalized – Every situation is unique. Yours might be more complicated than other accident victims. If so, the process you will go through is more complex that requires specific attention. Hiring an 18-wheeler truck accident attorney who can offer personalized legal services can increase your chances of winning.
In San Diego, California, Benner Law Firm is experienced in diverse areas, passionate, and provides personalized assistance to accident victims, including auto accidents, premises liability, slip-and-falls, wrongful death, dog bites, 18-wheeler truck accidents, and many more. We provide highly efficient guidance and direction to help you get the rightful compensation you deserve. Get the assistance you need today! 

Call our 18 Wheeler Truck Accident Attorney in San Diego, CA, Now!

Handling your case alone can result in a considerable amount of conflicts and risks. If you or your loved one is suffering from a severe 18-wheeler truck accident, our legal team is ready to provide personalized legal services to help you obtain the rightful compensation you deserve.If you are looking for the best personal injury attorney in San Diego, California, choose Benner Law Firm. We are well-versed in diverse areas, provide personal attention, and believe transparency is essential. In addition to personal injury claims, we can assist you with Defense Base Act cases. Take legal action today!

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