
San Bernardino Truck Accident Lawyer
Many important freeway routes are located around San Bernardino and oftentimes it becomes difficult to avoid large truck loads while driving. While most truck drivers are diligent in their duties to transport cargo from one location to another, trucking accidents can occur when you least expect it and they have the potential to cause serious injuries and even fatalities.
Unlike car accidents, truck accidents tend to be more catastrophic from an injury perspective. From a legal standpoint, they are complex and can be difficult to handle as multiple parties can be held liable, such as a truck driver, other drivers, the truck manufacturer, or the truck company. Even a driver who was injured due to a strong impact can share a degree of responsibility for causing the accident. However, it is important to know that an injured driver who is found partially responsible for causing a truck accident may still be able to recover some damages.
If you have suffered injuries after a truck accident, you may be entitled to receive compensation for damages such as medical bills, lost wages, pain and suffering, and possibly more. At West Coast Trial Lawyers, our team of truck accident attorneys have experience handling a variety of cases from the simple to the most complex. We are a personal injury law firm with over 20 years of legal experience and our team of truck accident lawyers are confident that they can get you the maximum compensation for your injuries
We have recovered over $1.7 billion in financial compensation for our deserving clients and we will continue to do our duty to guide our clients throughout the legal process and ensure that they are properly represented in the California court system. Whether you have been in a minor accident or a severe truck accident, filing a personal injury claim can be a frustrating and confusing process if you are not familiar with the legal system. As such, our accident lawyers will be there every step of the way and will answer every legal question and concern you may have about your case.
We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.
The Leading Causes of San Bernardino Truck Accidents
According to a large truck causation study conducted by the Federal Motor Carrier Safety Administration (FMCSA), driver fatigue, distracted driving, driving under the influence, driver error, and mechanical failures are the leading causes of truck accidents. Meanwhile in an adjacent truck and bus crash statistic report, there have been at least over 165,000 large truck crashes occurring from 2020 to 2023. Which means if you have been involved in a truck accident, it is vital that you consult with a truck accident lawyer in order to establish the cause and who would become liable for all the sustained damages.
Driver Fatigue
It’s no secret that truck drivers have to work long hours on the road, driving up to 10 to 11 hours a day. As such, it is completely expected that they will eventually become fatigued and if they are not careful then they can cause a truck accident with nearby drivers. According to a fatigue report from the National Safety Council, about 328,000 drowsy driving crashes occur annually and researchers suggest that the fatality rate of drowsy driving is 350% more than what was reported.
Meaning that a drowsy driving accident is one of the most common truck accidents that can happen on the road. If a truck driver falls asleep at the wheel and causes an auto accident, it can potentially cause a severe accident where many people are injured or killed. Which is why if you have been involved in a truck accident due to the driver falling asleep, it is important to file for a truck accident lawsuit because nobody should suffer because someone fell asleep behind the wheel.
Distracted Driving
According to California’s Office of Traffic Safety, distracted driving is defined as anything that takes your eyes, hands, or mind away from the task of driving. In fact, the same report has deduced that 74.2% percent of Californians identified texting and talking as their biggest traffic safety concern on California roadways. As a result, there has been an annual 27% increase for distracted driving accidents from 2020.
Considering how large trucks can potentially cause more damage to nearby vehicles and pedestrians, if a truck driver causes an accident because they were looking at their phone then they can be held liable for all damages. However, it is important to note that if a truck accident occurs due to another driver becoming distracted as they were driving then they would be held responsible for damages.
Driving Under The Influence
When it comes to traffic accidents, drunk drivers are one of the most common especially when it comes to truck accidents because large commercial trucks are more susceptible to accidents due to their size. In fact, the Center of Disease Control has released a Global Road Safety report that indicated more than 28% of all fatal crashes in the U.S. result from impaired driving.
However, in an interesting turn of events, the FMCSA causation report has revealed that about 29,000 truck drivers have caused a truck accident because they were under the influence. Which means that if a truck accident happens due to the driver being under the influence, the trucking company that hired them may become liable for employing someone who has acted negligently during their duties.
Driver Error
One of the most common causes of truck accidents, driver error is when a person fails to follow through on proper driving practices such as maintaining an appropriate distance from other vehicles, changing lanes properly, and following the speed limit. Driver error is not just limited to negligent drivers, but it can happen to anybody on the road. Even accidentally misjudging the speed or distance when driving is a common case in most traffic accidents.
While the best way to avoid errors on the road is to be attentive and aware of your surroundings, however, it can still happen to the best of us, even truck drivers. So in cases such as these, the liability would typically fall on the negligent party, but the range of damages will be dependent on the scale.
Mechanical Failure
One of the more rare causes of truck accidents, mechanical failures are also one of the most complex and possibly the most devastating. As large commercial trucks are carrying tons of materials and products, a mechanical failure can yield catastrophic results for the driver and everyone on the road. According to the FMCSA causation report, roughly 10% of all truck accident cases were due to mechanical failures such as a defective tire or worn down brakes. If a truck accident is due to poorly maintained trucks, then the trucking company and the affiliated maintenance company can be held liable for all damages.
Common Types of Truck Accidents in San Bernardino
According to a FMSCA large truck and bus accident statistic report, roughly 13% of all traffic crashes have involved at least one large commercial truck or bus. While there are many different types of truck accidents in San Bernardino, collisions, truck rollovers, wide turn accidents, jackknifes accidents, and T-bone accidents are some of the most common types in the county. So if you have a truck accident claim that you wish to file, it is important to understand the different types of accidents to get a better understanding of the scope of the inflicted damage.
Head-on/Rear-End Collisions
Head-on and rear-end collisions are one of the most common causes of truck accidents in San Bernardino because all it takes is one driver not paying enough attention to their speed or distance with nearby vehicles. This can happen to a driver of a passenger vehicle or a truck and these types of accidents are very simple to process and handle in terms of claims and paperwork, because you just need to make a claim through your insurance company.
However, in more severe crashes where the damage and the amount of sustained injuries is significant, it is recommended to hire a truck accident lawyer to properly calculate the damages. Usually in severe collision cases, there is a very clear sign of negligence and/or recklessness. In some rare instances, a serious truck crash can be derived from a mechanical failure either through bad tires or defective brakes, and in those scenarios the truck companies and their maintenance departments/affiliated third party mechanics can become liable for all damages.
T-Bone Accidents
A T-bone accident is when a truck or car runs a red light at an intersection and collides into another vehicle from a perpendicular angle. This is another type of accident that is based on the driver’s negligence and recklessness, and the severity of the accident will be dependent on the speed and impact of the crash. In these cases, the liability will be on the one who runs the red light because they would be breaking traffic violations. If there are any complications on these claims, a truck accident lawyer can help streamline the process and get you compensation for your injuries.
Truck Rollover
A truck rollover is when a truck falls onto its side and rolls over due to the driver making a sudden tight turn with uneven loose cargo. These types of truck accidents are typically due to the negligence of the driver and depending on the time and location of a rollover, it can potentially create a massive car pileup and cause significant damage to those nearby.
The FMCSA has reported in a cargo truck rollover report that about 1,300 cargo tank rollovers happen each year and about 78% of rollovers involve some kind of driver error. Truck accident victims in this particular accident are urged to hire an accident lawyer, because the damages that can occur in a truck rollover can range anywhere from simple neck injuries to a wrongful death of a loved one.
Jackknife Accidents
Jackknife accidents are when trucks with articulated joints make an improper turn or brake improperly and the force causes the truck’s trailer to swing inward. This is another type of truck accident that is catastrophic for nearby vehicles because it can potentially hit a number of passenger vehicles and in the most severe cases it can cost millions of dollars in property damage and medical expenses. While a jackknife accident is rare in San Bernardino county, it is vital that you contact 911 so that first responders can contain the situation before it gets worse.
Wide Turn Accidents
Without a doubt one of the most common and simplest San Bernardino truck accidents, a wide turn accident is when a truck driver miscalculates the amount of space they have when making a left or right turn and they hit a neighboring vehicle as a result. These cases are simple and straight-forward and the truck driver would be held liable for all damages and injuries.
How Is Truck Accident Liability Determined?
Determining liability for a commercial trucking accident is typically dependent on who was conducting negligent driving practices and caused the accident in question. According to California’s negligence law, if a truck driver is found guilty of reckless driving then they will be held accountable for sustained damages. However, if a truck accident victim was partially responsible for the accident in question then it can affect the total awarded compensation they can receive as per California Civil Code 1431.2.
For example, if a passenger vehicle was 25% responsible for causing a San Bernardino truck accident, then they would lose 25% of their total awarded compensation in order to make them accountable for partially causing the accident. However, this rule isn’t applicable if the truck accident in question was entirely caused by a mechanical failure or defect.
California’s strict liability law states that designers, manufacturers, and even any companies involved in a product’s chain of distribution can all be held responsible if their defective product was the cause of a truck accident. So trucking companies can be held liable for an accident, if the cause was entirely due to their negligence in assuring the driver that they were operating a safe and fully functioning vehicle.
While truck accidents are much like any traffic accident, it is important to establish liability as soon as possible, because sometimes these crashes may be more complex than you think. So if you are having trouble establishing liability then a San Bernardino truck accident attorney can help determine who is responsible for all of your injuries and damages. If you choose to file a claim without legal representation, then you risk becoming liable for all sustained damages.
How Much is My Truck Accident Claim Worth?
The value of a truck accident case will be dependent on a variety of things and will always vary on a case-by-case basis. However, if the victim has sustained serious injuries with long-term health complications such as spinal cord injuries or traumatic brain injuries, then they can be awarded anywhere between the six to seven figure range. For more moderate cases, they can potentially be valued around the five to six figure range, however, it is best to discuss your case with a truck accident attorney in order to get a better understanding of your case.
Available Damages for a Truck Accident
When it comes to understanding what kind of damages you can recover in a trucking accident, there are mainly two types of available damages, economic and non-economic. Economic damages are designed to compensate victims for losses that are the result of an accident and they are objectively measurable by their monetary value. For instance, medical bills, loss of earning capacity, and property damage are all things that can be objectively valued for a certain price.
Meanwhile, non-economic damages are designed to compensate an accident victim for subjective losses that are hard to place a monetary value on. Non-economic damages such as loss of enjoyment of life, emotional distress, and pain and suffering are all subjective feelings that are difficult to value because it will vary depending on the severity of the case and the victim’s mentality.
However in most cases, truck accident cases will tend to compensate victims with a mix of damages depending on the severity. So it is important to discuss these details with a truck accident lawyer to get a better understanding of the types of damages you can recover.
Need A San Bernardino Truck Accident Lawyer?
If you or a loved one were involved in a truck accident and have sustained severe injuries and property damage, it is highly recommended that you hire an experienced truck accident lawyer who will represent you and your best interests throughout your case. Filing a personal injury case on your own can become a difficult and frustrating experience if you are unfamiliar with the legal process, and it could potentially cost you the fair compensation you deserve for your injuries.
At West Coast Trial Lawyers, our team of truck accident lawyers are available 24/7 to help with your truck accident case and will be there to answer any questions or concerns you may have about your case. We are a personal injury law firm that has over 20 years of legal experience handling traffic accident cases and we are ready to fight for you.
We have recovered over $1.7 billion in financial compensation and our team of lawyers have established a proven track record of winning cases and achieving settlement offers from opposing counsel. Whether you have been involved in a minor or serious truck accident, we are ready to serve as your trusted legal counsel throughout this endeavor and ensure that you are properly represented.
We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation, we welcome you to reach out to our offices by calling us at (213) 927-3700 or by completing our easy online contact form.
