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California Truck Accident Lawyers
California is the most populous U.S. state with over 39 million residents living across a land area of over 160,000 square miles. This resulted in a large demand for goods and services to be transported all over the state which led to the development of a massive trucking industry in California.
Local freight trucking in California has a market size of over $16.4 billion with 56,475 businesses and over 90 thousand employees. The sheer size of this industry increases the risk of people sustaining injuries that result from truck accidents, which means that people should constantly be wary of their surroundings. To help protect yourself, you may seek the help of California truck accident lawyers who can help you resolve legal issues that may arise from such incidents.
California Truck Accident Statistics
According to the National Safety Council, California had 436 fatalities caused by large truck accidents in 2022, having the second-highest number of incidents nationwide after Texas. Truck drivers and companies try to bypass their legal obligations and overlook safety measures to meet delivery schedules and cut costs which often lead to these catastrophic incidents.
Most Common Causes Of Truck And 18-Wheeler Accidents In California
Defective Truck Parts
Before hitting the road and conducting a delivery, it is standard practice to check on the status of the truck to see if everything is in good condition and is functioning well. When drivers and trucking companies ignore the process of inspection and preventative maintenance, it can cause truck issues while on the road, including tire blowouts, ineffective braking, and wheel-offs.
Fatigue and Truck Error
According to the Federal Motor Carrier Safety Administration, truck drivers can only be behind the wheel for 11 hours, and must rest for 10 hours before the next trip. Drivers often push beyond these mandated hours to maximize profits, which makes some drivers resort to using substances to keep themselves awake, thus impairing their reaction time and judgment while on the road.
Jackknives
Jackknifing happens when the truck swings out of control because of uneven weight distribution and the truck’s elevated center of gravity. These often happen in sharp turns and blind spots because controlling the truck in these areas can be difficult.
Speeding
The size of trucks makes it harder for them to stop while on the road, but truck accidents often happen when drivers overspeed and cause collisions due to their negligence. For example, a truck traveling at 70 mph would need over 600 feet of road space to safely stop. Other drivers should maintain a safe distance away from these trucks so that they can avoid these accidents.
Company Pressure
All the previous examples of causes of truck accidents have something in common: they violate established safety standards and regulations that aim to help protect everyone on the road. The main reason these incidents happen can be attributable to companies putting pressure on their employees to meet certain deadlines so that they can maximize their profit. This can lead to negligent driving, speeding, and inattention which may result in a catastrophic truck accident.
Most Common Truck Accident Injuries In California
Traumatic Brain Injuries (TBI)
Traumatic brain injuries result from external physical force to your head such as sudden jolts, forceful bumps, or even from an object penetrating the brain. TBIs can present with symptoms such as headache, dizziness, confusion, memory loss, and anger. TBIs vary in severity, ranging from mild, like a concussion, to severe, such as amnesia and comatose.
Spinal Cord Injuries (SCI)
SCIs happen when your spinal cord is damaged by a strong impact caused by trauma like a truck accident. These injuries cause life-altering consequences that can have long-term effects, including loss of sensation, one-sided weakness, and even paralysis.
Fractures
Fractures happen when the body experiences strong forces that lead to broken bones like the clavicle, femur, and ribs. If you experience a truck accident, you may need extensive medical treatment including hospitalization, surgeries, and rehabilitation. You may also be unable to perform your routine daily activities, or even work, until you have fully recovered from your injuries.
Soft Tissue Injuries
Soft tissue injuries refer to damage to tendons, muscles, and ligaments, which include strains, sprains, and bruising which are caused by trauma like a truck accident. These injuries may seem minor, but can inconvenience you with discomfort throughout your recovery process.
Burns
Trucks operate with fuel and electricity which are hazards that can trigger fires in case of a truck accident. The severity may vary from mild first-degree burns to life-threatening third-degree or full-thickness burns that need prolonged hospital stays and reconstructive surgeries to help you recover.
Gathering Evidence After A Truck Accident
Assess For Injuries And Call 911 For Help
Evaluate yourself to see if you have any injuries that need immediate attention after experiencing an accident. Tend to your wounds and injuries as best as you can before trying to help others and examining your surroundings. Call for emergency services or ask someone to contact 911 so that a team will be dispatched to the area and provide immediate help to avoid long-term injuries.
Once the police arrive, they will interview you and other people who are involved in the accident so they can file an accident report. Try your best to provide a clear account of how the accident occurred. This is because the report can later be used as evidence. If you cannot recall certain details, then it is okay to let the investigator know that you do not know or you are not sure.
If you can, ask for a copy of the report because this can help your truck accident attorney facilitate your personal injury claim.
Move To A Safe Spot
After making sure that you’re okay and that the emergency team has been contacted, try to move to a safer area to avoid further injuring yourself in secondary accidents. A fire or explosion may occur after the collision due to broken fuel tanks that may have been caused by the accident. Therefore, it might be a good idea to move to a safe location away from where the collision occurred.
Gather Evidence
We suggest that you gather evidence at the accident site itself by photographing the scene, damage to vehicles, skid marks, and other details. You may also take note of the date and time of the incident, including the details of the weather that might have contributed to the accident. Obtain contact details from witnesses as well as contact information of all parties involved in the accident and their insurance information, so you may be able to reach them, if necessary. This information can be beneficial in the event you file a claim for your personal injuries.
Seek Medical Attention
If you think you have been injured, it might be a good idea to seek medical attention, whether by your family doctor, or an emergency room, so they can help with your injuries. Some injuries such as back pain, concussions, whiplash, and bruising may appear a few days after the accident. Therefore seeking prompt medical attention can help with your recovery, and your attorney in pursuing your personal injury claim.
Consult With A Truck Accident Attorney
If you were injured in a truck accident in California, contact a truck accident attorney so they can help evaluate your claim. At Gosuits, our truck accident attorneys will advocate for your rights so that you may receive maximum compensation for your injuries.
Compensation After Your Truck Accident Injuries
If you file a truck accident claim, you may be entitled to special compensatory damages, general compensatory damages, and punitive damages. Special compensatory damages, also known as economic damages, are awarded to compensate for quantifiable losses that resulted from the accident, including income loss, property damages, and medical expenses. General compensatory damages are awarded to help deal with intangible losses like pain and suffering, loss of consortium, and emotional distress.
Punitive damages can be awarded as a punishment to deter the at-fault party from repeating the same acts in the future.
Why Should I Hire A Truck Accident Lawyer In California?
Truck accidents are different from other types of vehicular accidents because of the need for prompt investigation, expert hiring, and the nuanced state and federal laws that are involved in these cases. If you become injured in a truck accident, we recommend that you hire a California truck accident lawyer so they can help facilitate your personal injury claim.
PERSONAL INJURY LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
Do Large Truck Accident Claims Differ From Car Accident Claims?
We recommend that you hire the services of a car accident lawyer in California after an accident. They will be able to help navigate you through this process and pursue claims for your personal injuries.
How Do I Get A Copy Of A Truck Accident Report In California?
Accident reports are considered public records and should be readily available upon request. To get a copy of your accident, you may go to the police station that’s in charge of the case, often in the city where the accident happened, and file a request. The Freedom Of Information Act allows you to request and obtain a copy of your police report. You may also file your request online depending on the police department in charge of the case.
Who Can You Sue For Truck Accident Injuries In California?
Due to the complexity of truck accident claims, you can sue more than one party for injuries you’ve sustained due to a truck accident. You may file a case against the driver, the trucking company, and the truck manufacturer. Rarely, you may also seek compensation from property owners where the accident happened, if premises liability is applicable through a third-party suit. A truck accident attorney can help you identify the appropriate parties you can bring a suit against for your injuries.
Should I Accept A Truck Accident Settlement?
Depending on the offer that was presented during negotiations, you may opt to accept or reject a truck accident settlement. The details of your case will dictate the amount of compensation you are entitled to, so if the settlement offer is reasonable, it may be wise to accept it. This will make the process easier and will lead to less stress for both parties. However, the other party may also end up trying to give a lowball offer, in which case, you can reject the offer.
Consulting with a truck accident lawyer will help you decide whether or not to settle. A California truck lawyer can help you obtain compensation for your injuries.
Can I Get A Free Consultation With A Truck Accident Attorney In California?
Contact a California truck accident attorney today to schedule a free consultation and take the first step towards securing justice and rightful compensation. At Gosuits, we’re committed to serving California locals with integrity, compassion, and unwavering dedication.
Meet the GoSuits Team
It's time we do things the SMART way rather than the hard way
“Hire the Smart Suits for Your Lawsuits”
SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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