Encinitas Truck Accident Lawyer

California has one of the busiest state economies in the country, and large commercial trucks play an integral role in the economic operations throughout California. These large vehicles are responsible for transporting billions of tons of cargo across the state and the country each year. While most drivers are accustomed to seeing tractor-trailers and large commercial trucks on California roads, it is vital for drivers to acknowledge the inherent dangers these vehicles can present to ordinary passenger cars.

When truck accidents happen, the resulting damage is very likely to eclipse the damages that often result from typical passenger vehicle accidents. A tractor-trailer with a full cargo load can weigh up to 40 tons and stands nearly 14 feet high, dwarfing the majority of other vehicles on the roads. When truck accidents happen, devastating injuries and economic losses are likely for every driver involved.

The Encinitas truck accident attorneys of Perry Personal Injury Lawyers have been serving Encinitas, San Diego, Orange County, and nearby California for many years. Perry Law can provide the legal representation you need when you or a loved one have suffered damages from a truck accident. Our team knows that these vehicle accident claims are often very difficult to navigate and typically raise complex questions of liability. No matter what your truck accident claim entails, you can rest assured that Perry Law will provide the meticulous and compassionate legal representation you will need to navigate your claim successfully. We have a strong understanding of trucking and car accidents and can help you get the compensation you deserve.

How Is Fault Determined in a Truck Accident?

Truck accidents can happen for many reasons. Some accidents implicate the truck driver as solely responsible, while others can result from the shared liability of multiple parties. In the event a truck accident occurs because of the driver’s negligence, such as a serious error in handling their vehicle or driving under the influence (DUI) of alcohol or drugs, fault is likely to fall solely on the truck driver. However, vicarious liability can come into play if their employer is partially responsible for their actions. For example, if a truck driver caused an accident because of DUI, they would typically bear sole liability for any resulting damages. However, if their employer failed to conduct a background check that would have revealed past DUI offenses that should have precluded the driver from operating a commercial truck, the employer would likely face liability as well.

To succeed with your truck accident claim in California, you must not only identify the party responsible for your damages and prove the full extent of the damages they caused, but you must also prove that those damages would not have occurred if not for their negligence. Your California truck accident attorney can not only assist you in proving which party or parties bear liability for your recent truck accident but also ensure you secure the maximum level of compensation possible under California state law.

To get a better understanding of how fault can be determined in a semi-truck injury accident, it is important to be familiar with the different parties involved:

• The trucking company is responsible for the upkeep of their semi-truck and confirming that it is roadworthy. This means that they must conduct regular maintenance and tune-ups and ensure that all mechanical aspects are functioning properly. Additionally, trucking companies must provide adequate training to their employees and verify that their drivers have the required licenses.
• The driver is responsible for and required to properly operate their truck, accurately record their service hours, and not drive under conditions that impact their alertness or ability to drive. This includes not driving while ill or fatigued, as doing so has a higher chance of resulting in a truck accident.

Other factors can play a part in truck accidents. For example, if you suddenly stop or swerve in front of a semi-truck, the driver will not have enough time to react and brake, leading to a motor vehicle accident. With so many different factors determining fault, speaking with a truck accident law firm that can analyze the details and offer a custom case strategy is essential.

What Damages Can I Recover from a Truck Accident?

The damages that you can recover from will be based on the factors of your case, such as:

• Medical expenses: Depending on the severity and permanency of your injuries, you may be able to recover lost wages and medical bills. This is why it is important to document all bills and expenses incurred after you have been injured.
• Pain and suffering: This is one of the most difficult damages to recover from.
  However, if you have experienced a traumatic accident with injuries and disabilities, you may be able to receive compensation.
• Punitive damages: In some cases, if the opposing party acted with malice or recklessness, an attorney may push for punitive damages.
• Lost wages: This applies to any time you have missed work or were unable to complete your usual tasks due to injuries and other circumstances. These wages can be recouped to support your future needs, including prescription costs, medical treatment, and rehabilitation.
• Wrongful death: If someone has died in an accident, their loved ones can recover damages for funeral expenses and financial support.

All the above are factors that are taken into consideration when determining the value of your case. These damages are just a few examples of what you may be able to recover from personal injury, but the exact amount will depend on your individual circumstances.

Comparative Negligence in California Vehicle Accident Claims

The concept of “comparative negligence” often arises in California vehicle accident claims, including truck accident cases. California enforces pure comparative negligence, meaning a plaintiff may still recover damages even when they bear partial liability for causing those damages. California’s pure comparative negligence law does not prohibit plaintiff recovery at any particular threshold of fault. It’s theoretically possible for a plaintiff to be 99% at fault and still recover 1% of their claimed damages. However, the higher the plaintiff’s fault percentage, the higher the likelihood of them facing a counterclaim from the defendant.

Your California truck accident attorney may be a crucial asset if the defendant in your claim attempts to assert comparative negligence to deflect blame for your damages. A good attorney will help you carefully review all available evidence to assist you in quelling any claims of comparative negligence and ensuring your recovery.

Is It Worth Getting an Accident Lawyer?

Navigating the civil claim process after any vehicle accident is incredibly difficult without an attorney, but truck accidents in particular are especially challenging. These claims not only entail more substantial damages than most other vehicle accident claims, but also pose tough questions of liability. Often, the legal concept of “vicarious liability” comes into play, an issue that arises when one party bears fault for the actions of another. Working with an experienced California truck accident attorney is the best way to approach the complex details your truck accident claim likely entails.

Another important reason to hire a reliable legal team for a truck accident claim is maximizing your recovery. When most people experience vehicle accidents they can manage to calculate immediate damages such as their hospital bills, vehicle repair costs, and lost income from missing time at work. However, they often undervalue their claims until they obtain legal counsel. An experienced California truck accident attorney can help you determine the full scope of your claimable damages, which can include immediate and long-term medical expenses, lost income and lost earning capacity, and compensation for your pain and suffering. Ultimately, hiring an experienced lawyer is the best way to not only ensure you succeed with your truck accident claim but also maximize your compensation to the fullest extent possible under California law.

Some of the most common valued services a truck accident attorney will offer are:

• Case evaluation: An experienced attorney will offer a free case evaluation. During this initial consultation, they will review the details of your accident. This includes medical bills, ongoing medical care, lost wages, and any other damages as a result of the accident. If the attorney determines that you have a case, they will help you form the proper case strategy to maximize your chances of success and compensation.
• Expert witness testimony: Trucking companies have teams of lawyers to scrutinize every detail of truck accidents. This allows them to determine which party is at fault in an accident. Having an experienced legal team to fight for your best interests is crucial. Your attorney will consult with experts who can offer their opinion on the accident and what caused it. These experts can include truck accident deconstructionists, trucking safety experts, and traffic/safety engineers. They can all present their professional insight into why the accident happened and conditions that may have contributed to the accident.
• Negotiation: You never want to go into a negotiation or a mediation without an attorney who is skilled in truck accident cases. A skilled lawyer will know how to negotiate with opposing counsel and can work to secure a fair settlement for you as quickly as possible.

What Questions Should I Ask When Hiring a Truck Accident Lawyer?

Hiring a qualified and knowledgeable truck accident lawyer is one of the most important steps in the aftermath of a trucking accident. Before choosing an attorney to represent you, you may want to know more about them and their previous cases. Some questions to ask include:

• What types of cases have you worked on?
• How many cases like mine have you worked on?
• How many of your cases have been with large corporations or insurance companies vs. individuals?
• How many days do you plan to invest in my case?
• Do you have access to expert witnesses or accident reconstructionists?
• How many of your cases have won in a trial, mediation, or arbitration?
• How many cases have you settled out of court?
• What, in your opinion, is the value of my case after all expenses and fees?
• How long do you expect the entire process to take?

Asking these questions will help you discern the attorney’s comfort level regarding truck accident cases. This can give you an idea of how qualified they are to handle your case, what could happen during the trial, and how long it might take to resolve. It is likely that you will become familiar with your lawyer throughout your case. However, asking questions and getting to know them and their work beforehand can offer additional peace of mind when preparing for your truck accident case.

Recovering from Your Recent Truck Accident

The enormous size of most commercial trucks means that the majority of truck accident claims involve substantial damages, eclipsing the amount of damages claimed in most typical passenger vehicle accident cases. Your California truck accident lawyer will be a vital asset in securing compensation for your medical expenses, both immediate and future, lost income, lost earning potential, and your pain and suffering.

It is vital to work with an attorney who can help you explore every available avenue of compensation in your claim. While you may be able to easily calculate immediate damages like hospital bills and vehicle repair costs, an experienced attorney is the best resource for calculating more complex damages like lost earning capacity and pain and suffering.

Talk to an Encinitas Truck Accident Attorney About Your Injury Today

Perry Law can provide the meticulous legal representation you will need to approach your truck accident claim with confidence. Our team understands how devastating a truck accident can be for a victim and their family, and our goal is to help our client approach their case with confidence and recover as wholly as possible. If you need legal assistance after a truck accident in Southern California, contact Perry Law today to schedule a case review with an experienced and compassionate California truck accident lawyer.

If you’re ready to hire an attorney to help you with your accident case, contact Perry Personal Injury Lawyers today. Our dedicated team is ready to help you get the compensation you need to move on with your life after a traumatic truck accident. We welcome you to schedule an initial consultation so that you can get the process started right away.