Fresno Truck Accident Attorney

Who Can Be At-Fault for a Truck Accident? How Will a Settlement Offer Be Determined?

Truck accidents have the ability to create a disastrous outcome due to the vehicle’s large size and power. In October of 2021, a truck accident occurred on northbound Highway 99 in Fresno County. Two semi-trucks, with one being overturned, and three other vehicles backed up traffic. In December of 2021, a similar situation occurred where a semi-truck had overturned along southbound Highway 99 in Fresno County. This incident also backed traffic for miles.  Truck accidents can be caused by multiple factors, which include the follow:

• Truck driver. An inexperienced truck driver may be unable to make proper lane changes or turns, which could cause the large vehicle to tip over. A negligent truck driver may commit reckless acts, such as speeding or texting and driving. Either scenario will likely result in a truck accident that could involve more than one vehicle. 
• Other drivers. Drivers are required to provide a duty of care. It is expected for every driver to follow traffic lights and signals, along with other California road rules. Those who choose to act against these laws will create a dangerous environment for others nearby.
• Company. A commercial trucking company is required to properly train employees and perform regular maintenance checks on each truck to ensure that they are all in good condition before taking them out on the road. Companies that fail to fulfill these tasks can be held accountable for a truck accident. 
• Manufacturer. If a manufacturer did not properly inspect each truck before sending them out to truck companies, it could be very likely that more than one defective part may be present in each truck. Furthermore, if a manufacturer is aware of any defective parts found in a truck and does not mention it to the truck company, they could be held liable for any accidents that were caused by the defective part.
• Poor weather conditions. It is always urged for motorists to drive extra carefully during rainy or snowy weather conditions since the roads may become more slippery. Since a truck is large in size, it can create serious damage if it slides across the road. 
• Road hazards. It is important for truck drivers to keep an eye out for any potholes, cracked pavements, and debris as these road hazards could cause a truck driver to lose control of their vehicle and crash into an object nearby, such as another vehicle, tree, or light post.

Victims of a truck accident are entitled to file a lawsuit against the party at-fault in order to recover damages. At West Coast Trial Lawyers, our Fresno truck accident attorneys have over 60 years of collective legal experience in handling personal injury cases. With our track record of winning more than $1 billion in settlements for our clients, we are confident that we will deliver a good outcome to your case. Please do not hesitate to contact our 24/7 legal team by calling (559) 272-9881 or emailing [email protected] to schedule a free consultation at our Fresno personal injury law firm.  Common Causes of a Truck Accident Poor Driver Training and Truck Maintenance. Truck drivers are required to meet a certain amount of training hours, as well as follow safety requirements, prior to being given access to drive a truck on public roads. However, not many commercial trucking companies or truck drivers will meet these requirements. There have been cases where a commercial trucking company has offered poor training programs or allowed inexperienced truck drivers out on the road. These negligent actions can increase the likelihood of a truck accident from occurring. Lack of maintenance is another issue that has contributed to the cause of a truck accident. Commercial trucking companies are required to keep all trucks in good condition before allowing truck drivers to take them out for a drive. However, as truck companies are primarily driven by profit, they may not always fully invest the time and money it takes to properly maintain their trucks. As a result, a poorly maintained truck will likely fall apart during a trip. The commercial trucking company may be held liable for any damages or injuries caused by their negligence. Speeding. Truck drivers are obligated to fulfill work-related duties before their deadlines. However, many factors may contribute to the truck driver being set back from keeping up with their schedule, such as poor weather conditions, road hazards, or slow-moving traffic. Due to the tremendous amount of stress that is placed on truck drivers, they may feel compelled to commit negligent actions, such as speeding, to prevent themselves from falling behind on their tasks. Nonetheless, they are putting themselves in a dangerous situation as a truck accident may occur at any given moment. Fatigue. A truck driver typically drives up to 11 hours a day. During these lengthy shifts, most truck drivers begin to develop severe fatigue. As previously mentioned, truck drivers are often put under pressure to meet deadlines. This can impact the amount of time they give themselves to rest, which can ultimately result in the truck driver falling asleep behind the wheel and getting into an accident. Distracted Driving. Truck drivers spend a majority of their time on the road. As several hours continue to pass by, a truck driver may start to become bored and direct their focus on other things, such as their phone. Regardless of whether it was a quick glance to check for any calls or text messages, a seemingly harmless distraction that lasts a few seconds could still result in an accident. Drug and Alcohol Use. As previously stated, truck drivers are often put under tremendous pressure to perform well. Some truck drivers believe that drugs or alcohol may help relieve their stress or allow them to continue driving without feeling exhausted. Regardless, it is extremely dangerous to drive a large vehicle while intoxicated. Not only will the truck driver risk their own life, but the lives of innocent other motorists and pedestrians, as well.

Truck Accident Settlement

Those who have sustained serious injuries due to a truck accident will likely need immediate medical attention. In some cases, the victim will need long-term medical care, which can be costly. Furthermore, the victim may be put in a position where they are unable to work, or cannot perform their work-related tasks the same as they did prior to the incident. This can result in financial hardships.  In order to recover damages, it is encouraged for the victim to reach out to an experienced Fresno personal injury attorney who will help strengthen their claim and get them the compensation they deserve. Truck accident settlement amounts may vary due to each situation having its own unique problem.

Available Damages

Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence. In a truck accident, damages may vary depending on the situation. Typically, the victim may be awarded with economic and non-economic damages. Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. It is calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. A few examples of economic losses include loss of earning capacity, vehicle repairment, medical bills, and lost wages. Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. It may include compensation for emotional distress, pain and suffering, and loss of enjoyment of life. The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. It is relatively rare and, in fact, was only incorporated in 5 percent of all verdicts. Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case. West Coast Trial Lawyers Is Here to Help If you have sustained injuries in a truck accident 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. A Fresno truck accident attorney at West Coast Trial Lawyers will help you recover compensation for your losses. To schedule a free consultation at our Fresno personal injury law firm, please contact our 24/7 legal team by calling (559) 272-9881 or emailing [email protected].