Visalia Truck Accident Lawyer

Thousands of truck drivers are on the road on a day-to-day basis, carrying cargo from one place to another. While such services are essential for the economy, the vehicle’s size and weight can pose safety risks for other road users. When a truck driver’s negligence results in a crash, the outcome can be devastating, resulting in serious or even fatal injuries.

Affected victims are entitled to file a truck accident claim to secure compensation. At West Coast Trial Lawyers, we are equipped with knowledge and expertise in personal injury law. With over 20 years of experience in the legal field and more than $1.7 billion in settlements recovered on behalf of our clients, we are prepared to fight for you and get you a settlement that accurately reflects your losses.

To book a FREE consultation with a Visalia truck accident attorney, you can reach out to us by calling (213) 927-3700 or filling out our convenient online contact form.

What Is the Most Common Type of Truck Accident?

The most common type of a Visalia truck crash is a rear-end collision. This happens when a truck crashes into the vehicle ahead. It typically happens due to:

• Longer stopping distances
• Distracted driving or fatigue
• Driving too closely from behind
• Poor road or weather conditions

Rear-end collisions are dangerous if a large vehicle is involved as it can result in catastrophic accidents and injuries. This especially applies if the other party is in a smaller passenger vehicle. Other common types of truck accidents include the following:

• Jackknife accidents
• Underride collisions
• Rollovers
• Blindspots

Common Causes of Truck Accidents

A truck accident caused by negligence can result from various issues, like distracted driving, driver fatigue, being under the influence, or poor road conditions. Let’s go over each factor in the sections below.

Distracted Driving

Truck drivers can get distracted while using their cell phones to text or input GPS navigations. Eating and adjusting the radio are other instances that can affect the awareness of one’s surroundings. Given the size and weight of commercial trucks, even a quick glance away from the road can result in a serious accident. All drivers must comply with the following traffic laws revolving around distracted driving to maintain safe road conditions:

• CVC 23123: A person cannot drive a motor vehicle while using a wireless telephone unless it is designed to allow hands-free operations, and is used in that manner
• CVC 23123.5: A driver cannot hold and operate a handheld wireless telephone or an electronic wireless communications device unless voice-operated or hands-free features are used
• CVC 27602: It is prohibited to drive with a TV or video screen display visible to the driver that produces entertainment or business content

Driver Fatigue

Truck drivers are required to work long hours on the road. Those who have lengthy shifts and inadequate sleep may have a difficult time operating a large vehicle cautiously. Considering the situation, drowsy driving, delayed reaction time, and poor decision-making are bound to occur. These particular factors have the ability to increase the likelihood of a truck accident. Despite federal guidelines set in place to prevent such danger, the pressure to meet deadlines can push truck drivers to prioritize work-related tasks over rest requirements.

Impaired Driving

Impaired driving, whether it is caused by drugs or alcohol, can greatly affect a person’s ability to operate a large vehicle safely. The following issues may arise:

• Reduced reaction time
• Blurred vision
• Poor coordination
• Inability to accurately judge speed or distance

This can result in serious mistakes, like drifting between lanes or failing to brake on time. Even slight impairment can make it difficult for a truck driver to notice road changes, thus putting themselves and others at risk. To prevent such an accident, truck drivers will need to maintain a blood alcohol concentration (BAC) below 0.04 percent (CVC 23152(d)).

Poor Road Conditions

Potholes, uneven pavement, and loose gravel can trigger a truck to swerve or lose traction given its size and weight. Slippery or icy conditions will also make it difficult for a truck driver to brake safely or navigate turns. Furthermore, inadequate signages will give little to no room to avoid crashes. Since trucks need additional space and time for movements, it puts them in a tough position. Interacting with either of these obstacles could ultimately result in dangerous outcomes, like rollovers or jackknife crashes.

Common Truck Accident Injuries

Truck accidents can result in minor to severe injuries depending on the strength of the impact. Some of the most common forms of bodily harm that may occur include the following:

• Broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries

Personal injury victims should seek medical care as soon as possible to prevent conditions from worsening. Early detection can help with the recovery process. Documentation may also be saved on file and used as proof that you sought out professional assistance shortly after the incident.

How Truck Accidents Differ From Car Accidents

Truck crashes greatly differ compared to motor vehicle accidents involving passenger cars. This is particularly due to size and weight, meaning that collisions with trucks usually result in serious injuries and damages. Truck operators require a much longer stop distance and have larger blind spots, putting them in a difficult position when traveling alongside traffic.

In addition, a truck driver is significantly pressured into safely navigating themselves on the road if they are assigned to carry hazardous materials. If an accident occurs, it can result in a catastrophic outcome, affecting multiple parties.

Liability is another major difference. Although several individuals or entities can be at fault for causing a motor vehicle accident, trucks may involve additional at fault parties, such as the:

• Truck driver
• Trucking company
• Cargo loaders
• Vehicle manufacturer

Determining liability in such a case can be challenging, and may require thorough investigation and legal expertise from a Visalia truck accident lawyer.

What to Do After a Truck Accident

Getting into a personal injury accident with a truck can be terrifying. The size and weight of such a vehicle can often result in severe injuries and damages. Taking the steps listed below can help protect your safety, legal rights, and ability to recover compensation.

Call 911

If injuries or property damage occur after the impact, you should contact 911 immediately. The police will arrive at the accident scene and conduct a written report after interviewing all affected parties. Paramedics may also be present to administer medical care to individuals who suffered bodily harm as a result of the truck accident.

Seek Medical Attention Immediately

Even if you believe you did not sustain a serious injury, you should still visit a medical professional to be on the safe side. They will run imaging exams to check for any signs of harm. If they do find a problem, they may create a personalized treatment plan to help with your healing process. Your visits, along with any prescriptions or procedures, will be included in your medical records. You can request a copy of this to use if you plan on filing a personal injury claim against the at fault party.

Gather Evidence

If possible, try to gather the following evidence:

• Photos of your bodily injury, damages, road conditions, and where the incident took place
• CCTV footage
• Witness statements
• A copy of the police report and your health records

Exchange Information

Do not forget to exchange information with all parties involved in the truck accident. This includes the following:

• Truck driver contact details
• Truck license plate
• Trucking company information
• Insurance providers
• Vehicle make, model, and year

Consult with a Visalia Truck Accident Lawyer

Truck accidents can be difficult to pursue due to the number of parties involved. However, if you consult with an experienced lawyer, they will present you with legal services that may cover the following:

• Case evaluation
• Thorough investigation process
• Negotiations with the insurance companies
• Legal representation in court if your case heads to trial

With such assistance, you may have a better chance at obtaining fair compensation to help cover the losses you incurred as a result of the truck crash.

Can a Truck Driver Be Sued for an Accident?

If you suspect a truck driver’s negligence was the direct cause of an accident, you may sue to recover damages. But, depending on the circumstances involved, several parties can share liability, like the trucking company or vehicle manufacturers.

Certain factors that can hold a truck driver at fault for a collision include the following:

• Driving under the influence of drugs and/or alcohol
• Violating Hours of Service (HOS) regulations
• Driving while fatigued
• Operating a large vehicle while distracted (texting or eating)
• Exhibiting aggressive driving behavior on the road
• Speeding or running a red light

If such actions lead to a truck accident, the injured victims can file a personal injury claim to acquire damages, such as medical bills and pain and suffering.

Can a Trucking Company Also Be Responsible?

A trucking company can also be responsible for a crash. Under the respondeat superior, employers can be held vicariously liable for their employee’s actions done within the scope of their job. So, if the driver was fulfilling work-related duties at the time of impact, the trucking company may face legal consequences, particularly if:

• They did not properly train the truck driver
• They influenced unsafe driving by pressuring deadlines
• They failed to incorporate regular maintenance checks

Wrongful Death in a Truck Accident

The death of a loved one is something no one is ever prepared for. It happens unexpectedly and can leave the surviving family members feeling lost. If the incident was caused by someone else’s negligence, the affected parties may be entitled to file a wrongful death claim to recover damages, like:

• Medical expenses
• Funeral and burial costs
• Loss of financial support
• Emotional distress

Under California Civil Code of Procedure 377.60, the following individuals may be eligible to pursue legal action against the at fault party:

• The surviving spouse or domestic partner
• Children
• Issue of deceased children
• Anyone entitled to the decedent’s property under intestate succession laws

The statute of limitations to pursue a wrongful death claim is two years from the date of the victim’s death. If you miss this deadline, you will lose your opportunity to secure compensation.

How Is Fault Determined in a Truck Accident?

Proving negligence in a truck accident will require victims to demonstrate how:

• The defendant owed you a duty of care 
• The defendant failed to uphold their duty of care by acting recklessly
• This breach directly caused your injury
• You suffered losses as a result of the crash

Under California’s pure comparative negligence law, shared liability is possible and it will be calculated based on the percentage of fault. So, if you contributed 20 percent to the incident and total damages were $50,000, you may be entitled to receive an estimate of $40,000.

Available Damages in Truck Accident Cases

If you sustained injuries as a result of a truck accident, you may be awarded various types of damages, including economic damages and non-economic damages.

Economic damages are financial expenses you incurred, like:

• Medical bills
• Lost income
• Property damage

Non-economic damages refer to subjective, non-monetary losses, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

In rare cases, punitive damages may be awarded if the defendant exhibited egregious conduct. This is done to punish the wrongdoer and deter such behavior in the future. To prove punitive damages, you will need to show how the defendant acted with willful misconduct, fraud, gross negligence, or oppression. To learn what you could be entitled to in a truck accident lawsuit, you can input the losses you suffered into our personal injury settlement calculator.

Injured in a Truck Accident? Our Visalia Truck Accident Lawyers Are Here to Help

Truck accident victims are eligible to pursue legal action against the at fault party to secure financial recovery. At West Coast Trial Lawyers, our Visalia personal injury lawyers will help navigate the claims process, gather crucial evidence, and communicate with insurance companies to ensure you are given the compensation you deserve.

To set up a FREE no obligation consultation, you can connect with us by calling (213) 927-3700 or completing our quick online contact form.

Frequently Asked Questions About Visalia Truck Accidents

How Many Types of Trucks Are There?

There are various types of trucks that operate on Visalia roads. Common categories include the following:

• Light-duty trucks, like pickups and vans
• Medium-duty trucks consisting of box trucks and delivery trucks
• Heavy-duty trucks, such as tractor trailers, dump trucks, and tanker trucks
• Specialty trucks used for certain tasks, including tow trucks and fire trucks

Each one has unique features built to help fulfill specific duties and has its own set of regulations depending on its weight and purpose.

What Happens When a Truck Hits You?

If a truck hits you, whether you are driving a car or riding a bike, the outcome can result in serious injuries and major damage. Accident victims are expected to incur physical trauma and emotional distress. Given such circumstances, you may need to seek emergency medical care regardless of whether you believe you are fine. Some injuries may not appear immediately after a collision, so it is important to get yourself evaluated to make sure you are actually okay.

Truck accident cases can be difficult to handle as multiple parties may be involved. In such a case, you can seek legal representation from an experienced personal injury attorney. They will assess your situation, establish fault, and pursue compensation on your behalf to ensure you acquire enough to cover the cost of damages you sustained, like medical bills, lost wages, and pain and suffering.

Do I Need a Lawyer for a Truck Accident Claim?

You are not necessarily required to hire a Visalia personal injury lawyer after a truck accident. But, obtaining legal representation can greatly improve your chances of a satisfactory result. Truck accident cases can involve complex regulations, multiple parties, and severe injuries. These can be overwhelming to handle all on your own. An experienced attorney will step in to:

• Navigate the claims process smoothly
• Obtain evidence and develop a strong personal injury claim
• Negotiate with the insurance adjuster to prevent lowball offers
• Calculate the damages you may be entitled to
• Represent you in court if your case goes to court

Legal support can reduce stress and help ensure you get the compensation you are rightfully owed.

How Much Does It Cost to Hire a Truck Accident Lawyer?

Most truck accident lawyers operate under a contingency-fee basis, meaning that you do not owe anything upfront. Your lawyer will only get paid if they win your personal injury case. Just be sure to go over the fee structure with them during your consultation before making the decision to hire them. This will help you have a better understanding of how payments work throughout the legal process.

How Much Are Most Truck Accident Settlements?

The value of a truck accident settlement will vary for each case. Certain factors that will be considered when calculating damages include the following:

• The extent of your injury
• Percentage of fault
• Current and future medical bills
• Lost income and earning capacity

Since each case has its own unique circumstances, it is difficult to give an exact amount without looking into the details first. Visalia personal injury attorneys can assess your situation, estimate potential compensation, and navigate you through your lawsuit to deliver the best possible outcome.