San Diego Truck Accident Attorney

Helping Clients Make a Full Financial Recovery Following Trucking Accidents

Traffic collisions involving semi-trucks, 18-wheelers, and trucks can be devastating, with victims often left severely injured or even killed in the truck accident. An annual report from the Statewide Integrated Traffic Records System indicated that there were 459 injuries and 20 fatalities in crashes involving a large truck or bus in San Diego County in 2017 alone.

If you or someone you know has been injured in a truck accident or if you believe that a truck driver’s negligent actions led to the death of a loved one, you may be eligible to seek fair compensation. Reach out to our San Diego truck accidents attorney by calling 714-497-2544 today.

At Benner Law Firm, we are dedicated to providing experienced legal guidance and strong representation to truck accident victims and their loved ones. You deserve an experienced California truck accident attorney advocating for your rights. When you choose to work with our firm, our San Diego truck accident lawyer will review and investigate the circumstances surrounding your truck accident injuries and explore your possible legal options to recover damages.

Our team will fight compassionately to protect your rights and provide guidance as you seek compensation for your injuries, property damages, and any additional pain and suffering. Benner Law Firm is proud to represent victims of truck accidents, car crashes, bike collisions, motorcycle accidents, and pedestrian accidents across San Diego, Oceanside, Chula Vista, El Cajon, Escondido, San Diego County, and all of California.

What Are California Laws Affecting Truck Accidents?

Understanding the law regarding traffic accidents is critical during any collision and most especially when someone experiences a crash with a commercial vehicle. Victims should stay at the scene of the accident and render aid to those who have suffered injuries. Under California law, drivers involved in a truck accident must reasonably assist any person injured in the traffic collision, including transporting or making arrangements for transporting the injured party to a physician, surgeon, or hospital for adequate medical or surgical treatment.

Both drivers should also exchange information and report the incident to local law enforcement officers. Filing a police report is crucial when seeking compensation as it provides essential evidence as your case proceeds. You can also protect yourself by taking photos of the crash and gathering contact information for eyewitnesses.

Another aspect of seeking compensation following your truck accident is understanding how the law protects your rights when taking legal action. Truck accident cases are notoriously difficult because there are multiple parties who could be at fault. Speaking with a knowledgeable truck accident attorney can provide answers and support as you seek full compensation. Your lawyer can help you follow California’s statute of limitations and hold negligent parties responsible for their actions.

Statute of Limitations

The statute of limitations for truck accidents in California is as follows:

• Personal Injury & Wrongful Death: According to California Code of Civil Procedure section 335.1, an action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another shall be commenced within two years from the date of the accident or the person’s death.
• Property Damages: Pursuant to California Code of Civil Procedure section 338 (c), an action for the specific recovery of personal property shall be commenced within three years from the date the accident occurred.

Reporting Requirements

According to California law, any truck accident on a California street, highway, or private property must be reported to the Department of Motor Vehicles (DMV) within ten days if there is:

• An injury,
• A death, or
• Property damage in excess of $1,000.

Vicarious Liability of Trucking Company

A trucking company may be held vicariously liable for injury or property damages caused by its driver, provided that, at the time of the trucking accident, the truck driver was following company orders or acting within the jurisdictions of their employment.

Call our truck accident attorney in San Diego at 714-497-2544 to get legal help seeking compensation for your trucking accident injuries.

Assessing Liability

A number of different people may be held responsible for a truck accident based on the surrounding circumstances or events leading to the incident. These include:

• Truck Drivers – The truck driver if he caused the accident while speeding, driving fatigued, committing a traffic infraction, or was driving with improper training.
• Trucking Companies – The trucking company for hiring an unqualified driver, or due to inadequate safety inspection or setting unrealistic expectations.
• Truck Manufacturers – The truck manufacturer or parts manufacturer if the trucking accident occurred due to a defective part, faulty brakes, or mechanical failure.
• Cargo Loaders – The cargo loaders who fail to inspect, secure, or balance the cargo properly, thereby causing the accident.
• Maintenance Personnel – If the accident occurred due to their omission in carrying out their expected duties, including safety checks, routine maintenance, or inspection of the engine, brakes, fluids, and electronic systems.

What Steps Should I Take When Involved in a Truck Accident?

The moments following a truck accident can be scary and overwhelming. However, what you do or do not do in the moments immediately following the accident could have a significant impact on your injury claim. Here’s what to do if you’ve been involved in a truck accident:

• Do your best to remain calm
• Get to safety and help other victims get to safety if you can
• Call 911 and seek emergency medical assistance for your injuries
• Report the truck accident to the police or law enforcement
• Gather relevant information about the other driver, such as the truck driver’s name, license number, phone number, address, trucking company’s name, and insurance information
• Retain a copy of the police report, gather pictures of the accident scene, and any eye-witness statements and testimonies
• Document all of your medical treatments, medical expenses, and doctor’s appointments
• Document your personal account of the incident and its immediate impact on your daily life
• Notify your insurance company about the accident
• Retain an experienced personal injury attorney to help you negotiate a fair settlement with the insurer or, if necessary, file a personal injury or wrongful death lawsuit

As time passes, truck accident victims can easily forget important details or information or misplace vital documents. Therefore, you must act sooner rather than procrastinate.

Why Are Trucking Accidents So Dangerous?

It’s no secret that truck accidents cause serious injuries and death. But why are commercial trucks so dangerous? Truck drivers and trucking companies understand that their vehicles pose a serious threat to other drivers because of the enormous weight and mass of these vehicles. Victims of commercial truck accidents often suffer severe injury or death because the impact of such a heavy vehicle demolishes smaller cars and personal automobiles.

The truck’s size and weight further contribute to crashes because commercial trucks are difficult to maneuver, making it harder to stop or change direction in an emergency situation. Truck drivers should be well-trained to drive defensively and avoid a serious accident. However, some trucking companies fail to adequately vet and train their drivers or permit drivers to operate commercial vehicles while they are fatigued.

If you or a loved one has received serious injuries in a truck accident, you may be eligible for a trucking accident claim. Our truck accident lawyers can help determined whether the manufacturer, truck company, loading crew, or truck driver was responsible for your crash and get you full compensation in a truck accident lawsuit. Call now for the help you need recovering damages from your San Diego truck accident.

What Injuries Typically Occur in Truck Accidents?

Truck accident statistics show that when commercial vehicles collide with passenger vehicles, victims commonly face devastating injuries. In the worst-case scenario, a truck crash can mean the loss of a life.

Some common truck crash injuries that could lead to a claim against the truck driver or the company include:

• Traumatic brain injuries – Brain damage includes closed head wounds, open head wounds, concussions, memory loss, learning disabilities, mood disorders, and more.
• Spinal cord injuries – Damage to the spinal cord can require a long, painful recovery and may include partial or total paralysis.
• Limb loss/amputation
• Road rash – Victims who were riding a motorcycle could suffer devastating injuries, including painful road rash.
• Internal organ damage
• Lacerations
• Burns
• Broken limbs
• Death

Devastating truck accidents, especially fatal truck accidents, cause lasting damage to victims and their families. An experienced truck accident lawyer can help you recover compensation for the damage done by negligent truck owners and trucking companies. Reach out to our law firm today to learn more about how our legal team can help you recover from your injuries.

What Compensation Am I Entitled To for My Truck Accident Claim?

Each individual’s claim will include details that will make their compensation different from any other truck accident cases. Meeting with our team of San Diego truck accident lawyers is the best way to get an accurate estimate of the compensation you are eligible for. However, truck accident claims usually include economic and non-economic damages. Some cases may include punitive damages if the driver or company engaged in gross negligence.

Some items that are typically covered in truck accident lawsuits include:

• Past and future medical expenses
• Past and future pain and suffering
• Past and future lost wages, salaries, bonuses, and vacation time
• Catastrophic injuries, such as limb loss, blindness, paralysis, and other injuries that affect the victim’s daily lives permanently
• Emotional trauma
• Mental disability or mood disorders related to the truck crash
• Loss of companionship if your loved one died in the accident
• Funeral and burial costs (within reason)
• Punitive damages if the at-fault party engaged in criminal behavior

Unfortunately, an insurance company is unlikely to cover the many expenses associated with a San Diego truck accident. However, our truck accident attorneys can help you get the compensation you deserve. Call Benner Law Firm now to learn more.

Why Do I Need Truck Accident Lawyers to Handle My Truck Accident Case?

Holding truck companies, truck drivers, and negligent loading crews responsible for injuries received because of their negligence can be complicated. Victims often think they can bring a claim with the insurance company. However, insurers have their own pocketbooks to watch out for and usually offer a lowball settlement that is far less than the victims deserve.

With an experienced San Diego truck accident lawyer on your side, you have much better chances of getting a reasonable settlement from the insurance company. Our attorneys use our honed skills and negotiating power to get victims the help they need when recovering from devastating truck accidents. If you still do not have adequate compensation, we can help you file a truck accident lawsuit that compensates for future medical bills, non-economic damages, and other costs the insurance company fails to recognize.

Your attorney will help you by gathering evidence, including police reports, surveillance footage, eyewitness testimony, and more. A truck accident lawyer can defend you when it comes to battles with large trucking companies and their attorneys. Your lawyer will get you the medical help you need and ensure your family doesn’t bear an unfair burden while you are recovering.

Should I Hire Your Truck Accident Attorneys?

Sustaining an injury or losing a family member to a negligent truck accident can be a devastating and challenging experience. Such an incident can have significant, long-term consequences on your financial, physical, and emotional health. Luckily, you don’t have to face these challenges on your own. You deserve to have an experienced California personal injury attorney on your side to help protect your rights and pursue the compensation you need for your injuries.

At Benner Law Firm, we have spent years fighting for and protecting the rights of truck accident victims and their families. As your legal counsel, we can:

• Fight aggressively to protect your rights and represent your best interests
• Review and investigate every last detail of your case thoroughly
• Gather all necessary evidence, relevant information, and required documentation
• Seek to prove fault and establish liability
• Determine the full extent of your injuries, other losses, and estimate case value
• Handle all communications and negotiations with all insurance companies involved
• If necessary, file a personal injury or wrongful death lawsuit on your behalf

At the end of the day, our goal is to guide you through this process from start to finish. We understand how difficult it can be to recover from a serious accident. That’s why our top priority is to take care of all your legal needs so you can focus on what matters most — getting better. If you or someone you know has been injured in a truck accident, don’t wait. Call or reach out to our San Diego truck accidents attorney today at 714-497-2544 to schedule a free case consultation.