Escondido Truck Accident Lawyer

In a state as large as California, spending long periods of time on the road is often a necessity. Sedans and other passenger vehicles have to share the road with large commercial trucks, which can cause serious roadway collisions. If an 18-wheeler or another type of large truck recently injured you, an Escondido truck accident lawyer can fight for your rightful compensation. At Perry Personal Injury Lawyers, our injury attorneys have helped many clients receive monetary damages from the at-fault party.

What Makes Truck Accidents Unique?

The main factor that makes truck accidents different from your typical vehicle collision is the sheer size and weight of tractor-trailers. A fully loaded 18-wheeler can weigh 40 tons. No matter how or at what speed a vehicle is hit by a commercial truck, the passenger vehicle is likely to sustain serious damage, and the passengers may suffer catastrophic injuries, like traumatic brain injury.

Trucking accidents are often more complex than accidents involving smaller motor vehicles. Truck accidents usually include multiple vehicles due to the levels of destruction that large trucks can cause. Most commercial vehicles are part of a larger trucking company group, which will likely fight against having to take responsibility for the accident. If they do make a settlement offer, it will likely be below what you are actually entitled to.

Trucking companies and their insurance providers do not have your interests at heart, which is why you should have an experienced trucking attorney who can compel the at-fault party to pay fair compensation for your injury. A personal injury attorney can research the facts of the case and represent you throughout the settlement process. You may even receive settlements from both the insurance company and the trucking company involved.

What to Do After a Truck Accident

In the moments after a truck accident, you will likely be in shock. Any collision involving a large and heavy vehicle can create a terrifying experience. When you are able to safely begin assessing the situation, there are certain steps that you can take to help yourself and those around you. Later on, some of these steps may aid you in taking legal action against the at-fault party.

Take Safety Precautions

If your car is still working, pull off to the nearest shoulder, turn off the engine, and turn your hazard lights on. Check yourself for injuries first; then, ask passengers if they are in pain and where it hurts. Any serious accident that potentially involves injuries should also involve the police. Call 911 and tell the dispatcher how many cars were involved, where the car collision happened, and how many people are potentially injured. This will allow them to assess which EMS teams to dispatch to the scene.

Document the Scene

If the truck driver tries to speak with you, do not negotiate anything or agree to anything. The only thing you need from the driver is their contact and insurance information. If you are able to safely do so, take photos and document the scene of the accident.

Seek Medical Care

Once EMS arrives on the scene, report any injuries that you and others may have. Some people decline to be examined at the scene of the crash site, but many injuries may not be noticeable at the time. EMS personnel can identify bruises, cuts, and even signs of a concussion that you may not have noticed. Within a few days after the accident, let your primary care physician perform a more thorough check-up. These medical reports can be useful later if you choose to take legal action against the truck driver.

Find an Escondido Truck Accident Attorney

As soon as you can, schedule a consultation with an Escondido truck accident attorney. They can listen to your recounting of the accident and begin researching the details of your case if it has merit. One of the first things your truck accident attorney can do is negotiate with the insurance company on your behalf. The insurance provider is obligated to pay you for any damage to your vehicle, medical costs related to the accident, and other expenses.

If a claims adjuster from the trucking company calls, do not make any deals with them without first consulting with your attorney. The adjuster is often trying to settle a claim as quickly as possible for as little as possible. Anyone calling from the trucking company or its insurance company may sound and act friendly, but they are not concerned about your interests. They may even try to gather information that can be used against you.

Common Types of Trucks in California

When people hear about a truck accident, they often think of 18-wheelers. While tractor-trailers are a very common type of commercial truck in California, they are not the only kind of truck that can be involved in an accident.

Delivery trucks carry smaller loads than 18-wheelers, but they are still much larger than a typical passenger vehicle. When loaded with cargo, delivery trucks can weigh a few tons or more. These vehicles can drive through Escondido neighborhoods and residential streets that tractor-trailer trucks generally cannot.

Your accident may involve specialized working trucks used for construction and other industries or a modified bus. Any accident involving a large commercial vehicle requires an experienced attorney who understands how to negotiate with both commercial trucking insurance companies and trucking companies.

Causes of Trucking Accidents

No two accidents are exactly the same, but trucking accidents often involve similar factors. Truck drivers are often tasked with hauling cargo across great distances. If they do not follow guidelines for rests, driver fatigue could lead to a preventable car accident. Weather conditions can also be a factor. Being heavy doesn’t protect truck drivers from losing traction and control of their vehicles.

Faulty equipment can also lead to an accident, whether it’s a problem with the vehicle or the cargo load. Truck drivers are required to inspect their equipment, and trucking companies are required to provide routine maintenance on their trucks and ensure that the tires are road-worthy.

Improperly secured cargo can lead to a spill on the roadway. If the driver was not properly or adequately trained for the job, that could lead to an accident caused by driver negligence.

Types of Vehicle Collisions Involving Trucks

The type of collision you are involved in can be a factor in your settlement. Accidents involving large commercial trucks almost always leave multiple vehicles damaged or wrecked.

Head-On Collisions

Any head-on collision can be serious. The impact of both cars hitting head-on can lead to bodily injury, even when the drivers are going at relatively low speeds. These unfortunate accidents often result from one driver veering into another driver’s lane. When a large commercial truck is involved, the head-on collision can lead to an underride accident. These types of catastrophic accidents leave vehicles crushed underneath the tractor-trailer.

Rear-End Collisions

Rear-end collisions are fairly commonplace on the roads. When a passenger car rear-ends another vehicle, the damage is usually minor. A rear-end collision involving a large commercial vehicle can be very dangerous for any passenger vehicle involved. The momentum of a large truck will often send cars flying forward, often into other vehicles. Weather conditions often lead to rear-end collisions.

Jackknife Accidents

Jackknife accidents are unique to 18-wheelers. When a truck loses control, and the front of the truck and cargo slide along the highway or road, the shape of the truck can resemble a jackknife. In this configuration, the truck can hit cars across a wide area. Speeding, distracted driving, and poor visibility can lead to jackknife accidents.

Rollover Accidents

Rollovers can happen to any type of vehicle. When it involves a large commercial truck, the results can be very destructive. A rollover event can be the cause or result of an accident. Unsafe driving on the part of a tractor-trailer driver can cause this serious type of incident.

Cargo Spills

Any time a large payload is strewn across a road or highway, the safety of many drivers can be put at risk. Cargo spills often lead to secondary spills as drivers try to avoid hitting debris on the road. This type of destructive accident can happen when cargo is not properly loaded and secured.

Determining Who Is at Fault

Following any serious accident, there may be multiple groups that investigate the accident. The insurance companies belonging to the cars that are involved obviously have an interest in determining who is at fault. A severe crash that involves multiple cars may be investigated by law enforcement officers, who may release an initial report followed by a lengthier report later.

Vehicle-Related Causes

Most car accidents are the result of vehicle, driver, or environmental causes. Vehicles require regular maintenance. Anyone who does not regularly replace tires, change oil, and address faulty equipment may end up causing a vehicle-related collision. In some cases, the driver may not know that they are using a defective product until it fails.

A personal injury lawyer can take legal action on behalf of an injured individual against the company that manufactured the faulty product. If a specific mechanic at a trucking company failed to properly maintain the commercial truck involved in an accident, that trucking company could be found liable for any damages that resulted from the lack of maintenance.

Driver-Related Causes

When the driver of a vehicle is at fault for causing a collision, the injured party often has a clear path to seeking monetary damages by filing a personal injury claim with the help of an attorney. Common examples of driver-related accidents involve:

• Distracted driving
• DUI
• Speeding
• Reckless driving
• Moving violations

A police report generated soon after the accident can note these factors.

Reckless driving involves intentional misconduct and reckless actions on the road. When the driver is at fault for an accident, your attorney can first work with the at-fault party’s insurance policy to determine a favorable settlement. If this amount is not sufficient to cover the physical and emotional damages of the injured party, the attorney can take further legal action against the truck driver and/or the company they work for.

Environmental Causes

Environmental conditions, like time of day and weather, can contribute to or lead to an accident. Any condition that causes poor visibility can increase the chances of an accident. Road hazards that are difficult to see until it’s too late are another common cause of roadway collisions. Determining fault following an accident that resulted from environmental factors can be difficult. Neglect could still be a contributing factor, though.

FAQs for Truck Accident Attorneys

Q: How Much Are Most Truck Accident Settlements?

A: A settlement from a truck accident can be considerably high. Some cases result in settlements in the hundreds of thousands of dollars or higher, although each case is unique. Tractor-trailer trucks can seriously injure anyone involved in an accident. Truck accidents are also often more fatal than regular car accidents.

Q: How Do I Dispute a Settlement?

A: The trucking company’s insurance provider will likely make a low settlement offer, hoping that you will accept it. You do not have to accept any settlement offer, and you probably should not without first consulting with an attorney. Your attorney can work on your behalf to negotiate a higher settlement.

Q: How Will I Be Paid If an 18-Wheeler Hits Me?

A: You may be paid by the insurance company that covers the truck involved in the accident. The driver and trucking company may also be liable for damages. Your personal injury attorney can explore which at-fault parties can be held financially liable for your injuries. You may be paid through settlements or litigation if needed.

Q: What Does an Accident Attorney Charge in California?

A: Many personal injury lawyers work on a contingency basis. This means that you do not have to pay an upfront retainer. When you are awarded a settlement, the lawyer takes a contingency fee from the settlement. This is usually a percentage that you and the lawyer agree to ahead of time.

Q: Should I Accept a Settlement?

A: Your attorney can advise you on whether a settlement offer is sufficient or not. The decision to take a settlement offer is completely up to you. Often, waiting and investigating the accident can lead to larger settlement offers later. A fair settlement should cover all your financial losses at a minimum.

Schedule Your Trucking Accident Consultation Today

At Perry Personal Injury Lawyers, we believe that anyone who was injured due to the neglect or misconduct of another driver shouldn’t suffer financially. We can hold the at-fault party accountable by negotiating with their insurance company on your behalf. Our firm can also potentially take legal action directly against the driver or trucking company. To schedule your truck accident consultation, contact our office today.