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Tractor Trailer Accidents Attorney San Diego CA
Get Compensated for the Tractor Trailer Accident Injuries You Sustained in San Diego, CAIn case you have been involved in a tractor-trailer accident resulting in severe injuries, it’s essential to consult our tractor-trailer accident attorney in San Diego CA for legal guidance. We will assist in safeguarding your legal rights and pursuing fair compensation for your damages. Truck accidents can be intricate, and it’s best to seek legal representation. At Benner Law Firm, our personal injury attorneys have extensive experience representing accident victims against insurance companies and in court. Call our law firm today for a free strategy session.
Why Do I Need a Tractor Trailer Accidents Attorney in California?Tractor-trailer accidents can be a traumatic experience for victims and their families. At Benner Law Firm, we strive to relieve some of your worries by handling your case with professionalism and care. Our legal team has years of experience representing clients who suffered injuries in truck accidents. We are well-versed in the applicable regulations and rules. We go beyond the accident report and witness statements to gather relevant evidence, such as hours of service and maintenance records, to uncover negligence and regulation violations. Our tractor-trailer accident attorney in San Diego CA is adept at negotiating with insurance companies and large trucking corporations. We fearlessly take on powerful defendants and their legal teams, as we have achieved success in personal injury cases like yours for years. We are committed to securing a settlement agreement that fully and fairly compensates you and your loved ones while continuing to prepare your case for trial.
How Do Tractor Trailer Accidents Occur?Tractor-trailer accidents often occur for the same reasons as regular car accidents, such as drunk or distracted driving, speeding, reckless driving, and unsafe road conditions. However, the size and maneuverability of large trucks expose them to additional dangers, such as unbalanced cargo, limited visibility in large blind spots, and errors made by truck drivers.
What Are the Most Common Causes and Contributing Factors of Tractor Trailer Accidents?Tractor-trailer accidents differ from typical car accidents. Injuries tend to be more severe in truck accidents, particularly for pedestrians, cyclists, and occupants of other vehicles involved in the crash. The trucking industry is subject to rigorous regulations, and investigating the cause and contributing factors of the accident requires a knowledgeable legal team.
Driving Errors and OffensesBefore operating large vehicles, truck drivers undergo extensive training and obtain the necessary licenses. However, despite their training and licensing, truck drivers can still make errors that result in serious consequences. Some of the most common truck driving mistakes and violations include:
- Driving under the influence of drugs or alcohol
- Distracted driving
- Aggressive driving
- Driving during dangerous weather conditions
Negligent Employment PracticesTruck company employers are responsible for hiring and training responsible drivers and must be held accountable if they fail to do so. Negligence in the hiring process often involves not conducting background checks, hiring drivers with poor driving records, and ignoring health issues such as sleep apnea or vision problems.
Regulation ViolationsThe trucking industry is governed by state and federal regulations. These regulations can help prove that a trucking company’s negligence caused an accident if they are violated. Here are some of the most common violations of truck driving regulations:
- Hours-Worked Violations
- Cargo Violations
- Size and Weight Restrictions
- Upkeep Violations
- Maintenance Failures (faulty tractor trailers and parts)
What Are the Most Common Types of Tractor Trailer Accidents?Tractor trailers, due to their size and weight, pose a significant risk to other drivers on the road. There are several types of large truck accidents which include:
Blind Spot AccidentsLarge trucks have larger blind spots compared to smaller passenger vehicles, which means that truck drivers may not always see other vehicles beside or behind them. When a truck driver changes lanes or makes a turn without checking these blind spots, it can cause severe damage to the other vehicle. This area of reduced visibility is often referred to as “No Man’s Land”.
Underride CollisionsWhen a passenger vehicle crashes into a tractor-trailer, it can slide under the side or rear of the truck due to the truck’s higher profile. This type of accident is extremely dangerous and can result in severe injuries or even death, as well as the complete loss of the car involved in the collision.
Rollover AccidentsOne type of truck accident that can happen is when the cargo inside the large truck moves or shifts, especially on an incline or when taking a wide turn. When this happens, the truck may roll over, which can be very dangerous for the driver and other vehicles nearby. Additionally, the cargo inside the truck may spill onto the road, causing even more accidents.
Tire BlowoutA blown-out tire can cause the driver of a large truck to lose control of the vehicle. This can happen due to the tire being defective or because of the significant weight of the truck.
Jackknife AccidentsA “jackknife accident” is a term used when a truck’s trailer swings towards the cab, causing the truck to fold at a 90-degree angle. This kind of accident often happens when the truck driver has to brake suddenly and hard, which causes the truck’s axles to lock up.
T-Bone AccidentsOne of the most common types of large truck accidents occurs when a truck runs a red light, and another vehicle collides with its side.
What Are the Typical Tractor Trailer Accident Injuries?Due to their significant size and weight, accidents involving tractor-trailers often result in severe or deadly injuries. Sadly, in most of these crashes, it is the people inside cars or pedestrians who suffer the most harm, not the truck drivers, who are typically more protected. Our tractor-trailer accident attorney in San Diego CA is here to help victims facing a wide range of injuries, such as:
- Back and neck injuries
- Traumatic brain injury
- Spinal cord injuries
- Internal organ damage
- Deformity or amputation
- Bruising and fractures
- Wrongful death
What to Do Following a Tractor Trailer Accident?Following a tractor-trailer accident, it is crucial to take specific steps to safeguard your well-being and entitlement to compensation.
Call 911Tractor-trailer accidents can result in severe injuries and fatalities, requiring immediate hospitalization for victims. In such cases, it’s crucial to dial 911 to report the incident and request medical assistance. Having law enforcement officials visit the accident site to create an accident report is also essential.
Obtain Medical CareIt is important to visit a doctor as soon as possible after a large truck accident, even if you do not feel injured. Some injuries, especially serious ones, may not be immediately noticeable. Having medical records linking your injuries to the accident can help seek compensation for damages.
Preserve EvidenceTake pictures and videos of the accident site, including the positions of the vehicles, damages, debris, traffic signs, skid marks, and your injuries. Collect the truck driver’s and other parties’ contact and insurance information, as well as the name of the trucking company that the driver works for. If there are witnesses, ask for their contact information and request them to record what they saw.
Notify Your Insurer of the AccidentInform the insurance company about the tractor-trailer accident, but avoid giving a recorded statement before consulting with our personal injury lawyer.
Consult With our Tractor Trailer Accident AttorneyIt is essential to contact our tractor-trailer accident attorney in San Diego CA as soon as possible after the accident to ensure you receive proper compensation. Time is crucial in collecting evidence from a truck accident, and our law firm can help you in this matter.
Who Can Be Held Liable for My Tractor Trailer Accident Injuries?Assigning fault and liability for large truck accidents depends on the specific facts of the case and requires a thorough investigation, evidence collection, and consultation with experts. It is not always easy to determine who is at fault for an accident, and various factors can affect who ultimately bears the financial responsibility for the damages. Although each case is unique, parties that are commonly held responsible for damages in tractor-trailer accidents include:
- Negligent truck drivers or the trucking companies
- Maintenance companies
- Distributors and other third parties
How to Prove Negligence in a Tractor Trailer Accident Injury Claim?To have a valid claim in a tractor-trailer accident case, you need to prove the four elements of negligence. These are the legal requirements that show someone was careless or failed to act responsibly in causing an accident. Here are the four elements that need to be proven in a large truck accident case:
The Truck Driver Unquestionably Owed You a Duty of CareTo have a valid claim in a large truck accident, you must show that the truck driver had a duty of care towards you, which means that they were responsible for operating the truck safely and reasonably.
That the Truck Driver Breached the Duty of Care Owed to YouTo have a valid claim for a large truck accident, you must show that the truck driver failed to fulfill their duty of care to operate the vehicle safely and reasonably. This means proving that the driver did not drive safely or reasonably, which resulted in the accident.
The Existence of CausalityIt is important to show that the injuries you sustained were a direct result of the tractor-trailer accident caused by the truck driver. This can be achieved through various means, such as medical records and other forms of evidence.
That You Suffered Damages in the Large Truck CollisionYou need to show that the injuries you suffered led to financial, physical, or emotional damages. This can include medical bills, lost wages, pain and suffering, and other losses.
What If I’m Partially At Fault for the My Large Truck Accident Injuries?If you were involved in a large truck accident and found to be partially at fault, you may still be eligible for compensation. However, it’s rare for the victim of a truck accident to be held at fault for the accident. In California, which follows the comparative negligence rule, you can still receive compensation as long as you are found to be less than 50% at fault for the accident. The amount you are awarded will be reduced based on your percentage of fault. It’s important not to admit to your insurance company that you were partially at fault for the accident, but instead, speak with our tractor-trailer accident attorney in San Diego CA who has your best interests in mind.
What is the Value of My Tractor Trailer Accident Case?Numerous variables are considered when determining the value of your injuries and damages, including:
- The severity and scope of your injuries
- You have experienced pain and suffering due to your injuries
- The influence and constraints that your injuries have on your life
- The prognosis for your long-term recovery
- The emotional repercussions you have endured as a result of the large truck 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 Types of Damages Available After a Tractor Trailer Accident in California?Large truck accident victims have the right to seek compensation for their injuries and other losses. Some of the available types of damages include:
- Medical bills
- Lost earnings
- Damage to property
- Pain and suffering
- Wrongful death
- Punitive damages
How Long Do Large Truck Accident Injury Claims Typically Last?Injury claims resulting from tractor-trailer accidents can either be settled quickly or take longer, depending on the circumstances surrounding the case. If the defendant’s liability is straightforward and clear, the settlement process can be expedited. However, in more complex cases, the process can take several months to over a year. Our tractor-trailer accident attorney in San Diego CA can provide you with an estimated timeline of how long your case may take before you settle.
What is California’s Statute of Limitations for Tractor Trailer Accident Injury Claims?Large truck accident lawsuits have a time limit called the statute of limitations, which means there is a deadline after which no lawsuit can be filed and no damages can be recovered. Although the statute of limitations for personal injury actions in California is typically two years from the date of the accident, there may be some exceptions that could shorten or extend the statute of limitations depending on the nature of the case, such as claims against the government or claims involving minor children. At Benner Law Firm, we advise victims and their families to contact us as soon as possible after an accident. Our legal team can assess your case and determine the applicable statute of limitations, and we can use the time available to build a strong case on your behalf.
Contact Our San Diego Law Firm TodayAt Benner Law Firm, our personal injury attorneys provide personalized legal guidance for various civil claims in San Diego and nearby areas. We make an effort to understand our client’s requirements and worries to assist them in obtaining the compensation they deserve. If you have been injured by another driver and want to explore your legal options, we can help. Schedule a free strategy session with our tractor-trailer accident attorney in San Diego CA today. We can also assist you with Defense Base Act Injuries, Longshore Claims, and Workers’ Compensation.
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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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