Truck Accident Attorney

Truck accidents can result in devastating outcomes. Due to their size and weight, large vehicles have the ability to trigger more severe injuries and property damage than standard car crashes. Victims may be met with long-term financial consequences, including medical bills and lost wages, along with psychological injuries, like emotional trauma and post-traumatic stress disorder (PTSD). Affected individuals may be entitled to seek legal action if the truck accident was caused by someone else’s negligence.

About West Coast Trial Lawyers

Getting the right help is important. At West Coast Trial Lawyers, our firm has over 20 years of experience handling personal injury cases and no matter what kind of case you may have, our legal team is prepared to listen and give you the legal representation you need. 

Due to our commitment in providing top-tier legal representation, our firm has recovered more than $1.7 billion in settlements on behalf of our clients. Unlike other law firms, we know what it takes to hold negligent drivers and companies accountable and will fight to get you the justice and compensation you deserve.

To book a FREE initial consultation, we invite you to reach out to our law firm by calling (213) 927-3700 or filling out our quick online contact form.

Why You Need a Truck Accident Attorney

For truck accident victims, having the right legal representation can make all the difference. At West Coast Trial Lawyers, our skilled attorneys, including Harvard graduates and nationally recognized legal analysts, personally oversee your case from start to finish. 

We never outsource or inflate fees, and we handle property damage matters at no extra cost. With a proven track record, such as going against high-profile organizations like Disney and Marriott, we bring extensive trial experience and legal expertise to fight for the fair compensation you deserve. The legal assistance we provide for truck accident cases include the following:

• Initiate a thorough investigation to uncover what factors contributed to the crash
• Do an in-depth analysis of the severity of the incident, police report, and medical records to estimate compensation
• Assist clients by explaining their rights and options
• Negotiate with insurance companies and trucking companies to secure full financial recovery on your behalf
• Provide guidance on the statute of limitations for filing a truck accident claim
• Represent clients in court, if necessary

By leveraging our extensive knowledge and experience in personal injury law, we ensure that every aspect of your truck accident claim is meticulously handled, ultimately guiding you through the legal process effectively.

Truck Accident Statistics

According to the National Highway Traffic Safety Association (NHTSA), 5,472 people died in traffic crashes involving large trucks in 2023. About 70% of victims were occupants of other vehicles, and 76% of fatal large truck accidents happened on weekdays. Only 4% of large truck operators in these collisions had a BAC of or above 0.08 g/dL or higher, which was much lower when compared to drivers of motorcycles (26%), passenger cars (24%), and light trucks (20%). 

Truck drivers involved in deadly crashes had a high history of prior crashes (19.4%). However, they were less likely (6.4%) to have previous license suspensions or revocations when compared to other vehicle types. In such cases, each party’s degree of negligence will be taken into account when determining who is ultimately responsible for compensating victims for their losses.

Truck Accident Laws and Regulations

The Federal Motor Carrier Safety Administration (FMSCA) governs strict laws and regulations for all trucking companies and drivers. The list of rules and regulations they outline are set in place to ensure that all parties operate safely and responsibly. Some of the key requirements include:

1. Hours of Service (HOS) regulations: These regulations limit the number of hours a truck driver can be behind the wheel to prevent fatigue-related accidents.
2. Vehicle maintenance regulations: Trucking companies are required to regularly maintain their vehicles to ensure they are safe to operate.
3. Driver qualification regulations: Truck drivers must meet certain qualifications, including obtaining a commercial driver’s license (CDL).
4. Cargo securement regulations: Trucking companies must ensure that the cargo is properly secured to prevent it from shifting or falling off during transport.

Understanding these regulations is crucial for both truck drivers and trucking industries to ensure compliance and prevent accidents. If you’ve been involved in such a collision, a knowledgeable truck crash lawyer can help you navigate these laws and build a strong case.

What Is the Most Common Cause of Truck Accidents?

In the Large Truck Crash Causation Study (LTCCS), investigators collected several “associated factors” for each truck involved in an accident. The most commonly noted elements for large trucks included:

• Brake problems (29%)
• Speeding for conditions (23%) 
• Unfamiliarity with the roadway (22%)
• Road hazards (20%)
• Over-the-counter drug use (17%)
• Inadequate surveillance (14%)
• Fatigue (13%)

Using relative risk analysis, researchers determined which particular factors actually heightened crash likelihood. While brake issues were the most common, certain driver-related behaviors raised much higher risk. For instance, illegal maneuvers, following too closely, or distracted driving were far more linked to being assigned the critical reason for a crash. 

In total, 15 of the 19 significant risk factors were driver-related, falling into two categories, which are driver condition and driving errors. When it comes to crashes involving large trucks and passenger vehicles, many of the same risk factors were involved in both vehicle types. But, mechanical-related issues, like brakes, tires, jackknife, and cargo shift were significant for trucks whereas alcohol and illegal drug use were higher risk factors for passenger vehicle drivers. 

What Are Common Truck Accident Injuries?

Since commercial trucks are larger and heavier compared to passenger cars, collisions usually result in catastrophic injuries. Below are some common forms of bodily harm may occur:

• Broken bones
• Brain injuries
• Spinal cord injuries
• Internal injuries

It is important for affected individuals to seek immediate medical attention after a truck accident, even if you do not notice any signs of pain or symptoms shortly after the impact. Early evaluation will allow you to detect potential hidden injuries, which can be properly diagnosed and treated to prevent it from progressively worsening over time. Speaking with an experienced truck accident injury lawyer will also help you understand your legal options and what necessary steps you should take to protect your rights.

The Importance of Finding A Local Truck Accident Lawyer 

When you’ve been involved in a truck accident, hiring a local attorney can make all the difference in navigating your case effectively. Local lawyers understand the specific laws, regulations, and court systems in your area, and can give you an edge when it comes to building a strong case. In addition to their legal knowledge, these attorneys often have connections with local experts, investigators, and resources that can be crucial to your claim.

Here are some other benefits you can get of working with a local truck accident lawyer:

• In-depth knowledge of local laws: Each state has its own nuances when it comes to handling truck accident claims. 
• Familiarity with local courts and judges: A local attorney knows the preferences and tendencies of judges and other legal professionals in the area.
• Accessibility and personalized service: Meeting your attorney in person can provide peace of mind and foster clear communication throughout the process.

If you’re looking for an experienced truck accident lawyer in your area, we proudly serve in the following states:

• California
• Nevada
• Arizona
• Washington

What to Do Immediately After a Truck Accident?

If you’ve been involved in a truck accident, it’s crucial to take the right steps to protect your rights and ensure that you receive the compensation you deserve.

1. Seek medical attention: Even if you don’t think you’re injured, it’s essential to get checked out by a medical professional. Some injuries may not be apparent right away, and a medical professional can help identify any potential hidden issues.
2. Call the police: Report the accident to the police and provide them with as much information as possible. This will help create a record of the accident and can be useful in building your case.
3. Collect evidence: Take photos of the accident scene, including any damage to vehicles or property. You should gather witness statements, as well.
4. Contact your insurance company: Notify your insurance company of the accident and provide them with any necessary information.
5. Seek the help of a truck accident lawyer: A qualified truck accident lawyer can help you navigate the complexities of trucking laws and regulations, ensuring you are given the best possible outcome.

By following these steps, you can protect your rights and build a strong foundation for your truck accident claim.

Who Is Liable for a Truck Accident?

Determining fault in a truck accident can be more difficult than in a typical car crash since it can involve multiple liable parties. The truck driver is usually a primary party, especially if driver error, fatigue, distraction, or speeding contributed to the incident. However, trucking companies can also share fault if they failed to properly train or supervise, or they did not address maintenance-related issues. Other potential parties include:

• Cargo loaders
• Freight brokers
• Truck manufacturer
• Government entities

Determining fault will require reviewing federal and state regulations, accident, reports, and vehicle data. Consulting with a truck accident attorney is important to help detect who is at fault for the damages you incurred.

What Is the Time Limit for Accident Claims?

In the U.S., the time limit to file an accident claim is determined by state law. The statute of limitations will depend on the type of case: 

• Personal injury: Most states will allow 2-3 years from the date of the incident to file a lawsuit. However, some will have shorter or longer periods. 
• Property damage: These usually have similar or slightly shorter timeframes, typically around 2-3 years. 
• Government entity: Special rules may be implemented, and a notice must be given much sooner (within six months to one year). 

It is important to act quickly because missing the statute of limitations will usually restrict you from recovering compensation even if the incident was caused by someone else. Consulting with an attorney early on will ensure deadlines are met.

Filing a Truck Accident Claim

Filing a truck accident claim can be a complex process, but our experienced truck accident lawyers can guide you through it. Here are the steps to follow:

1. Seek immediate medical attention and document all injuries and medical records.
2. Compile medical bills and other expenses related to the accident.
3. Contact a truck accident lawyer to discuss your case and determine the best course of action.
4. File a claim with the insurance company and negotiate a settlement.
5. If necessary, file a lawsuit against the trucking company or other liable parties.

Our dedicated truck accident lawyers will assist you at every step, ensuring that your rights are protected and that you receive the compensation you deserve.

Types of Truck Accidents

Truck accidents can occur in various forms, each presenting unique dangers and challenges. Some common types of truck accidents include:

• Jackknifing: When a truck’s trailer swings out to the side, causing the vehicle to lose control.
• Rollover accidents: When a truck tips over, often due to speeding or loss of control.
• Head-on collisions: When a truck collides with another vehicle head-on, often resulting in severe injuries or fatalities.
• Sideswipe accidents: When a truck collides with another vehicle, often causing damage to both vehicles.
• Rear-end collisions: When a truck collides with another vehicle from behind, often causing injuries or fatalities.
• Underride accidents: When a smaller vehicle collides with a truck and becomes trapped underneath.
• Overturning accidents: When a truck tips over, often due to speeding or loss of control.
• Tire blowouts: When a truck’s tire blows out, causing the vehicle to lose control.
• Brake failure: When a truck’s brakes fail, causing the vehicle to lose control.
• Unsecured cargo: When cargo on a truck is not properly secured, causing it to shift or fall off during transport.

Understanding the different types of truck accidents can help in identifying the cause and determining liability, which is crucial for building a strong truck accident claim.

Types of Damages You Can Sue for in a Truck Accident

When seeking compensation through a truck accident lawsuit, it is important to understand the types of damages that you may be able to claim. These are generally broken down into two categories, economic and non-economic damages. 

Economic damages are financial losses you can measure and document after an accident. They cover costs that can be proven with receipts, bills, or records, including medical bills, lost wages, reduced earning capacity, and property damage. Meanwhile non-economic damages are losses that do not have a specific dollar amount and are difficult to measure. But, they reflect the impact of an accident on a person’s life. Some examples include emotional distress, loss of enjoyment of life, and pain and suffering. 

However, on rare instances, punitive damages may be given when the truck driver or company shows gross negligence, reckless conduct, or intentional wrongdoing. This is awarded to punish the defendant for exhibiting reckless or intentional misconduct, and to discourage such behavior in the future. They go beyond compensation and focus on punishment.

Involved in a Truck Accident? West Coast Trial Lawyers Is Here to Help

If you have sustained injuries in a truck crash as a result of someone’s negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. At West Coast Trial Lawyers, our top truck accident attorneys understand the complexities of these cases and have recovered over $1.7 billion on behalf of our clients. 

With over 20 years of experience, we leverage our in-depth knowledge of trucking regulations to build the strongest possible claim for you, handling every aspect of the process, from gathering evidence to negotiating with insurance companies. Ultimately, our team aims to reduce your stress so you can focus on healing.

Contact our legal team today by calling (213) 927-3700 or filling out our contact form to schedule a FREE consultation with one of our experienced truck accident attorneys.

Frequently Asked Questions About Truck Accidents