Trucking Accident Lawyer in Fresno, CA
In California, there are more than three accidents a minute that take place where a fatality happens in a trucking accident. There are even thousands of people within the country that are hurt, injured, or lose their lives due to trucking accidents. These “trucks” are commonly known as semi-trucks, eighteen wheelers, big rigs, tractor-trailers, or other large commercial vehicles. Numerous accidents occur on California’s busy roadways.
The most frequently used California highways are also the most accident-related ones. The most hazardous highways in California are, I-8, I-10, I-15, I-40, and I-5, which claim more lives than any other California roadways. Highway I-15 is listed as the most dangerous and is located in San Bernardino, California and made for 834 auto accidents from the years of 1994 to 2008. Of those 834 accidents, 1069 fatalities occurred. Highway I-10 located in Riverside County had 440 automobile accidents that lead to 515 deaths. The part of Highway I-10 that is in Los Angeles had 299 accidents that contributed to 327 fatalities. Highway I-5 in Los Angeles County posted 434 auto accidents that added 499 deaths to California death toll. The lives claimed, and injuries sustained in auto accidents in California is obviously significant.
Many times, drivers are overworked and overstressed which leads to poor driving and poor decision making. When drivers are being paid upon how fast their deliveries and pickups are made, unsafe practices take shape. Many times drivers will be carrying oversized loads or other unsafe practices. These trucks can weigh up to 80,000 pounds. They take concentration, training, and skill to operate. But most truck accidents come down to driver error. Due to the large scale of these machines, the margin for error is so much slimmer than when operating a car or SUV.
Often California personal injury attorneys will take on truck accident cases in the same manner as a motor vehicle accident. However, our legal team knows that this is not the right route to go when handling a case dealing with a large truck. Not to mention, California has laws that are designed to assist the victims of trucking accidents. The trucking accident attorneys in our California office have the knowledge and familiarity with trucking accidents as well as thorough experience and knowledge of state and federal trucking laws to ensure your case is given the skill and time it deserves. If the truck driver or operator violated a particular regulation or statute in respect to the freight, they were carrying they would be showing negligence. Also, it would also be considered negligence if the truck driver was driving over a reasonable amount of time without adequate rest before the accident happened, which caused or contributed to the collision.
Also when our lawyers investigate truck accidents, we look at all the details and factors that went into the accident and caused the injuries. Many semi trucks contain “black boxes” that will measure different parameters that can help the truck accident lawyer when assembling your case. These “black boxes” can assist in deciding what caused the accident. Our skilled truck accident lawyers take into consideration the preservation of evidence like the black box. Truck drivers and the companies using them do not want any evidence they are at fault to make it to court. Our truck accident lawyers make it a top priority to ensure the evidence is preserved and not tampered with before proper examination, as well as correspondence is sent to the defendant as prompt as possible.
Being that the trucking industry is a highly lucrative, multi-billion dollar business, going up against a trucking company can be a battle. The trucking companies have lawyers to help them beat claims and teams of specialists that go to accident sites with the sole goal of protecting the corporation. Our experienced trucking collision lawyers are experienced and prepared to stand up against the truck companies and their attorneys. Our truck accident lawyers are educated and knowledgeable about how to deal with trucking companies log-books, receipt forms, and other critical forms of evidence.
In California, there are four risks that risks that show up in trucking accidents that are not usually present when involving passenger vehicles. Primarily, large trucks have a harder time stopping due to the size and weight they are carrying, and that can lead to many rear-end collisions. The defendant’s lawyers may try making the claim that the roadway was slippery and the truck jack-knifed. That will not deceive our experienced truck accident attorneys; we will fully utilize the investigation done on your case. When a truck slams on their brakes and their load within the trailer shifts, causing the trailer to slide sideways, sometimes evening flipping or rolling this is jack-knifing. To jack-knife, the truck does not need to be speeding or going fast. Truck drivers can have hard times with turning their long trailers. Most of the time, the driver must use more than one lane during a turn. The trailer will swing out on these turns and can swing out so wide that unsuspecting drivers can easily get hit. Also, a drivers amount of sleep or fatigue can factor into your case. The average person requires seven and a half hours of sleep a day, and the average truck operator is usually driving on about four and a half hours of sleep. As we noted before, the margin of error for driving a big rig is far less than a regular car. Also, many drivers tested positive for alcohol or psychoactive drugs. Lack of sleep, outside substances and minimal margin of error make the chances of truck accidents much more possible.
Determining fair compensation for the victim of a truck related accident takes thorough analysis and follow-through after the accident.
Trucking accident injuries are often severe and traumatic, but can also crop up after the fact, meaning the injuries do not appear right after the accident, but rather they develop in the days, weeks, months after the accident occurred. You should seek medical attention directly after the accident no matter what and even if you don not feel you are injured.
The compensation can come in the form of immediate compensation like covering your immediate medical needs, and recovery costs. However, most people involved in trucking accidents require long-term and sometimes life-long help from their injuries. Our experienced team is dedicated to calculating all possible long-term compensation through research and documentation. Compensation is awarded for many reasons and can be gained in the form of lost wages, pain and suffering, reduced earning capacity, and alterations to one’s normal lifestyle. By determining the actual costs associated nature, extremeness and the duration of healing time due to the accident this can be classified as pain and suffering compensation, which would include aspects of your regular day to day life and how it has changed. For example, you may not be able to work or keep the same job due to your injuries from a truck accident. When dealing with long-term injuries, lost wages will be considered as a part of your compensation package. If your injuries are lifelong or long-term their reduced earning capacity will be another aspect to consider. If one cannot keep their job due to disabilities or limitations from their injury, then one can be compensated for the inability to move up the occupational ladder. Damages can also be awarded for life-care damages. Damages pertaining to life-care occur when injuries are so crippling that the injured party will need medical and physical assistance for the remainder of their life.
Punitive damages are normally paid to a victim when the defendant has acted so recklessly or dangerously that it is clear it could have certainly been avoided. Punitive damages are not often awarded in trucking and auto accidents, but if a truck driver was recklessly or blatantly breaking the law, the damages could be awarded. The defendant can be seen as negligent if the trucking company continuously employed a driver with a bad track record. For instance, if the driver was notorious for speeding or substance abuse or mental health issues. There are numerous accident cases, each with its own intricacies and specific details and each one should be looked at individually and diligently. Our attorneys will listen and handle your trucking accident claim prudently and professionally to help you and your loved ones gain the compensation needed to get back on your feet.