Accidents involving a large commercial truck can be catastrophic. Large commercial trucks can weigh up to 80,000 pounds and are typically 25 percent heavier than the average passenger vehicle. In a collision with a commercial truck, a 4,000-pound vehicle is no match. If you or someone you know was seriously injured in a truck accident, please seek the guidance of an aggressive San Diego truck accident lawyer at the Mitchell Law Corporation.
We have a proven record of success and an excellent reputation with our clients. We have recovered hundreds of millions of dollars for our clients suffering from a serious head injury, back injury, internal organ injury, brain injury, spinal cord injury, bone injury, amputation injury or burn injury. We will work closely with you every step of the way to work toward securing greater compensation for you.
Commercial truck accidents can occur for a variety of reasons, but in most cases, the collision stems from truck driver negligence, along with the trucking company being partly or mainly at fault. Of the 700,000 trucking collisions that take place every year in the U.S., 45 percent are caused by the truck driver. Truck drivers are responsible for operating large vehicles that can cause mass destruction. This is why special rules and regulations apply to truck drivers.
Unfortunately, many truck drivers do not comply with federal regulations which can result in an accident occurring. Some of the more common ways truck drivers violate regulations include driving too fast, prescription or illegal drug abuse, aggressive behavior, driving while tired, performing an illegal driving maneuver, alcohol abuse, texting while driving and falsification of the logbook.
Other causes of truck accidents include:
Physical injuries you may sustain from a traffic accident can vary. For trucking incidents, in particular, the chances of incurring a severe or catastrophic injury are much higher. These are some examples of the physical consequences a person may suffer in an accident with a commercial truck:
Your own auto insurance provider may cover some of the damages sustained after a trucking accident. The truck driver’s employer’s insurance might also contribute towards your damages—if they are determined to be liable. However, the majority of insurance companies will try to offer you the minimal settlement amount possible, which is often unlikely to fully cover the extent of your financial losses.
In such cases, you can file a personal injury claim against the responsible party to seek compensation for any remaining damages. With the help of an experienced San Diego Truck Accident Lawyer at the Mitchell Law Corporation, victims of a truck accident are more likely to receive a larger financial settlement than victims who try to handle a case on their own.
The damages that your personal injury attorney is able to sufficiently prove that you lost as a direct result of the accident will be added up and make up the amount of your compensatory settlement. In California, if the person seeking compensation is partially at fault for their accident, they can still be awarded a settlement, but the amount will be reduced by the percentage of their liability.
We can help victims obtain compensation for various accident-related damages, such as:
For your non-economic damages, also known as the level of pain and suffering you went through as a result of the truck accident, it can be difficult to estimate an exact amount for something you personally experienced. Since there is no formula for these damages, the court will ultimately decide what to award you in pain and suffering, as opposed to your economic damages, which can be easily calculated by collecting all of your medical bills and other quantitative losses.
Since non-economic damages are subjective and difficult to accurately convey to the court, it helps if your San Diego Truck Accident attorney has access to certain evidence that speaks to your degree of pain and suffering. Examples of compelling evidence include a therapist’s testimony, a personal journal documenting your day-to-day struggles following the accident, and statements from loved ones.
There are no caps on non-economic damages, so the stronger the evidence, the more you may receive. These damages tend to be higher for injured plaintiffs who incurred permanent disability or disfigurement as a result of the accident. The court will consider all evidence within the case as well as what compensation others with similar injuries to yours have received in the past.
It is possible for an accident to occur where no liable party can really be identified. Even when you believe that someone was clearly at fault for your injury, this does not mean you will automatically receive a compensatory settlement. To acquire a personal injury settlement and recover your damages, an injury attorney must prove that negligent conduct took place within your case and that you directly suffered as a result.
In legal contexts, claiming “negligence” in personal injury claims means the victim is asserting that the accused party’s actions were careless or reckless to the degree that they failed to uphold their responsibilities and, in doing so, caused you significant harm. Your injury lawyer must prove that the defendant owed you a legal obligation or duty and that they failed to uphold this duty.
In a truck accident, this duty would be that all motorists have a duty to follow traffic laws and not cause physical harm to others around them. More specifically, it may also be argued that truck drivers have a responsibility—as operators of large motor vehicles carrying heavy cargo—to practice proper procedures and regulations so as to not endanger themselves and other motorists by diminishing their faculties, acting recklessly or without due care, etc.
After providing sufficient evidence that the liable party had a responsibility or duty and that the alleged misconduct was indeed a breach of this legal obligation, our San Diego Commercial Truck Accident Lawyer must then establish that in failing to exercise reasonable action, the at-fault party’s negligence is what resulted in your damages.
In addition to proving that real damages occurred—such as photos of your injuries, a doctor’s assessment of your required treatment, or medical bills—the personal injury attorney must effectively argue how your injury and subsequent damages were not coincidental.
This means that if the at-fault party had reasonably acted to uphold their duty, your damages would not have occurred. This concludes that negligence indeed led to your incurring damages.
In the state of California, personal injury laws follow the doctrine of “pure comparative fault,” or comparative negligence. What this effectively means is that even if you were partially or primarily liable for the circumstances leading up to the truck accident, you are still legally within your rights to seek compensation for the damages you incurred. Liability in personal injury cases is measured in percentages, with each party involved being at fault to some degree.
Under the state’s comparative fault laws, you may be 20% at fault, 49% or 50% at fault, or even 80% up to 99% at fault, and you are able to pursue some compensation for your damages. How liable you or the other party may be determined to be is at the discretion of the court after both sides have provided their arguments and evidence. If you are found to be at all liable, your compensation is reduced by the percentage of which you are at fault.
For example, if the court determines you were partially liable for the accident, specifically 30% at fault, you are still able to recover up to 70% of the damages and losses you sustained from the incident. This is why it is important to have strong legal representation in the event your injury claim reaches litigation in court. The defendant’s attorney is sure to argue that you are partially, if not mostly, responsible for the accident. Even if you are, you are entitled to a fair settlement.
It may seem apparent to you that you are not to blame for the truck collision and that you are entitled to sufficient compensation. However, despite the circumstances or the evidence available, it is still highly advised that you opt for professional legal counsel as opposed to representing your own injury claim.
Educated truck accident attorneys at San Diego, CA are much more familiar with the numerous laws involved in filing a civil claim, as well as knowing the specific details to look out for that are commonly seen within truck collisions, allowing you to benefit from their legal experience and deep understanding of this type of injury case.
A skilled injury attorney knows how much you are entitled to, and they will ensure you do not accept less than that by protecting your rights or being taken advantage of by insurance companies.
A competent truck accident lawyer san diego will know the regulations truck operators must adhere to, like limited work hours, proper load distribution, vehicle safety and speed requirements, and more. With a proficient attorney working on your behalf, your case will also include strong, compelling proof that they collected during a thorough investigation.
A: How much you can expect to receive in compensation for your truck accident personal injury claim will vary. Your potential settlement amount is influenced by a variety of different factors unique to your specific case.
Depending on the circumstances leading up to the collision and how severe it was, the resulting injuries can be highly variable. The more extensive the bodily harm was, including long-term recovery or permanent disfigurement or disability, the more compensation you may be entitled to.
A: You are never required to hire a lawyer to file a personal injury claim and pursue a settlement, although it is always highly recommended. Personal injury laws can be complex, and insurance companies are unfortunately notorious for trying to implement several tactics to deny liability or get away with providing you the most minimal settlement payout possible. For this reason, it is wise to entrust a trained and experienced injury attorney to represent you so they can protect your rights.
A: The legal fees for a truck accident lawyer are difficult to estimate since they depend on the unique case. Luckily, most injury attorneys work on a contingency basis. This means your san diego truck accident lawyer will only collect payment for their services if they are successful in obtaining you a settlement. If your lawyer is able to win your case and you are awarded a compensatory payment, the attorney’s fees come from a percentage of your settlement, so no expenses are out of your own pocket.
A: You are advised to contact an injury lawyer promptly following your accident. Even if your injuries do not seem significant or you may be at fault, it is still a good idea to consult with an experienced accident attorney. An attorney can assess the strength of your claim, advise you on what to do next, and begin building your case right away. Generally, the more time your legal team has to prepare your case, the stronger the chances of a favorable result become.
Truck collision claims can be challenging to represent due to the involvement of both state and federal governments. A qualified san diego truck accident attorney is an important asset because of their knowledge of what proof is needed to sufficiently establish negligence. Your legal representation will also guide you throughout the process, letting you know what not to do so your chances of a favorable settlement are not impacted.
Unfortunately, the likely liable party and their insurance provider can be expected to take early action in their efforts to avoid responsibility and your right to compensation. This can include trying to get you to say something or answer questions that they may use against you and your claim later on. Your legal counsel is there to protect your rights and advise you, as well as speak on your behalf in all meetings with insurance adjusters or legal proceedings.
The lawyers in Los Angeles at the Mitchell Law Corporation have extensive experience handling truck accident cases and are familiar with the laws that apply in a truck crash claim. Skilled san diego trucking accident lawyer who represent truck accident victims also know the legal tactics that truck companies and their insurers are likely to utilize in order to avoid providing compensation or a fair settlement.
We can put our knowledge to work for you. Due to the complexity of truck accident claims in California, it is imperative that injured victims take action immediately after a collision. Victims who delay contacting us may lose the opportunity to take legal action, thereby losing the opportunity to collect monetary compensation. If you are unsure whether you have a viable injury claim, do not hesitate to reach out, and we can let you know if you have a case.
Contact us at Mitchell Law Corporation today to speak with our experienced team of attorneys. Call us toll free at 619-702-6518 to schedule your free consultation. You may also schedule an appointment by sending us an email. We are ready to listen to your experience, answer your questions, let you know if you have a strong claim, and begin working for you.
