Traffic collisions involving semi-trucks, 18-wheelers, and trucks can be devastating, with victims often left severely injured or even killed in the 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.
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 to have an experienced California personal injury attorney advocating for your rights. When you choose to work with our firm, we will review and investigate the circumstances surrounding your injuries and explore your possible legal options to recover damages.
Our team will fight compassionately to protect your rights and provide guidance at every turn as you pursue the compensation you need for your injuries, property damages, and any additional pain and suffering. Benner Law Firm is proud to represent victims of truck accidents across San Diego, Oceanside, Chula Vista, El Cajon, Escondido, San Diego County, and throughout all of California.
Under California law, drivers involved in a truck accident must render reasonable assistance to 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.
The statute of limitations for truck accidents in California are 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.
According to California law, any traffic collision on a California street, highway, or private property must be reported to the Department of Motor Vehicles (DMV) within ten days if there was:
A death, or
Property damage in excess of $1,000.
A trucking company may be held vicariously liable for injury or property damages caused by its driver, provided that, at the time of the traffic collision, the truck driver was following company orders or acting within the jurisdictions of their employment.
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:
Trucker 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 accident occurred due to a defective part, faulty brakes, or mechanical failure.
Cargo Loaders - The cargo loaders who failed to properly inspect, secure, or balance the cargo, thereby causing the accident.
Maintenance Personnel - The 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.
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 goes by, truck accident victims can easily forget important details, information, or misplace vital documents. Therefore, it is important that you act sooner rather than procrastinate.
Sustaining an injury or losing a family member to a negligent truck accident can be a devastating and difficult 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 of 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 firm today to schedule a free case consultation.
If you or someone you know has been hurt in a truck accident, contact Benner Law Firm today to schedule a free case evaluation. Our attorneys will fight diligently to protect your rights and help you pursue fair financial compensation for your injuries, damages, or loss. Our firm proudly represents truck accident victims across San Diego, Oceanside, Chula Vista, El Cajon, Escondido, San Diego County, and all of California. Reach out to us to get the help you need.