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Trucking Accidents
The 405 freeway cuts straight through the heart of Long Beach. On either side of the city, two other major freeways – the 605 and the 710 – act as bookends. In many ways, Long Beach has the feel of a mid-sized city. However, it is one of the 50 most populous cities in the U.S. and it has the traffic to prove it. All day, every day, cars, trucks, buses, and motorcycles rumble along the cities surface streets, state highways, and three major freeways. Unfortunately, due to congestion on these roads – especially the major freeways – cars and trucks crash nearly every day in and around Long Beach as well.
When trucks crash, people usually get hurt. In the wake of an accident, it can be difficult to know how to begin processing the legal and financial “sides” of this aftermath. As a result, many accident victims delay the process of speaking with an attorney because they are simply – and understandably – overwhelmed. Know that even if you’re currently overwhelmed, it’s a good idea to speak with our legal team as soon as you possibly can. We’ll want to act quickly to preserve evidence that may significantly strengthen your case. We’ll also want to begin speaking with insurance representatives on your behalf so that they are denied any possible communication-related excuse to deny, devalue, or delay fair payment of any claims you might make with the companies that they represent.
Knowledgeable Legal Guidance for Injured Motorists and Truck Operators
Long Beach truck accidents tend to cause significant property damage and usually result in serious, catastrophic, or fatal injuries. Due to how commonplace these accidents are, our firm has extensive experience representing both commercial truck operators and other travelers who have been injured as a result of semi-truck and other large truck collisions. Our legal team has earned a reputation for excellence in regards to our representation of truck injury victims, in part due to our client-focused approach and in part due to our commitment to continue learning how to serve our clients’ interests more efficiently and effectively with every new case that we take on.
If you’ve been
injured in a truck accident
in or around Long Beach, please know that you don’t have to navigate the legal and financial aftermath of your crash alone. Our trusted and compassionate legal team can assist you with making informed decisions about all of the options available to you at this time. We offer free consultations to all
truck accident injury victims because we sincerely believe that if you’ve been hurt in a collision, you deserve to understand your rights under the law. There are no strings attached to the free consultation process offered by our firm, so you have nothing to lose by exploring your legal options save for a very minor investment of your time.
What Causes Trucks to Crash?
There are many reasons why trucks crash. Before our firm can assist a truck accident injury victim with their legal needs, we need to identify what caused the victim’s accident in the first place. Once we know why an accident occurred, we can then determine whether anyone can be held legally liable for contributing to the cause(s) of the crash in question. We don’t take any circumstances for granted when we’re investigating a truck collision. However, chances are very good that one or more of the following common truck crash causes also played a role in your collision. Therefore, we’ll take particular care to determine whether your crash involved any of these common accident causes:
- Aggressive driving behavior
- Distractions – including, but not limited to, use of electronic devices while driving
- Driver fatigue
- Excessive speed – either in violation of posted mph limits and/or speed that exceeds a safe rate under specific conditions
- Failure to properly maintain trucks and/or other vehicles
- Hazardous road conditions
- Intoxicated or otherwise impaired driving – use of alcohol, illicit substances, prescription medication, or over-the-counter drugs
- Minimal or otherwise inadequate training of truck operators
- Operating a vehicle in a truck driver’s blind spot(s)
- Presence of wild or domestic animals
- Refusal to engage turn signaling devices
- Risky lane changing, turning, merging and/or passing approaches
- Slick road surfaces
- Tire problems, spontaneous airbag deployment, and other vehicle defects
- Unsafe trucking company employment practices
- Visibility issues due to rain, smoke, or fire
Some causes of truck accidents are legally actionable and others are not. The most obvious example of this distinction can be made when a truck crashes because a wild animal runs into the path of a well-maintained, safe truck that is being operated at a safe speed by an attentive, sober, alert driver who is traveling on a well-maintained, well-lit road. The resulting collision isn’t legally actionable because the sole cause of the accident was the presence of the wild animal and the animal can’t be sued for damages. However, in the vast majority of cases, at least one legal entity (person, business, government agency, etc.) has contributed to the cause(s) of the collision in question in ways that may be legally actionable. Thus, our focus shifts from determining the cause(s) of the accident to determining fault for those causes.
Personal Injury Claims – Do You Have a Viable Cause of Action?
Whenever a motorist, biker, bus operator, or truck driver gets behind the wheel of their vehicle, they are bound to uphold all of the safety laws imposed by the state. This obligation functions as a “duty of care” to everyone else who is on the road. When travelers operate their vehicles in ways that can legally be considered negligent, reckless, or intentionally dangerous, they breach their duty of care to their fellow travelers. When someone is hurt as a result of a traveler’s negligent, reckless, or intentionally dangerous behavior, the responsible party may be held legally and financially accountable for their actions. The law functions similarly when auto parts manufacturers, trucking companies, government agencies responsible for road maintenance, etc. fail to uphold their duty of care to keep people safe while they are traveling by road.
This breakdown illustrates the fundamental points that we’ll need to prove on your behalf, should you decide to file a personal injury lawsuit. Did the defendant owe you a duty of care? Did the defendant breach that duty through negligent, reckless, or intentionally dangerous conduct? Did that breach of duty serve as a substantial factor in the cause of your injuries? If so, you have strong grounds to file a personal injury lawsuit.
Note that some of these liability issues aren’t always straightforward or obvious, at first. For example, there may be no way to know – absent an investigation on our firm’s part – that the trucking company that employs one of the drivers involved in your crash was engaging in unlawful practices at the time your collision occurred. You may be under the impression that you can only sue the driver when, in reality, you can hold the trucking company liable for forcing the driver to operate their vehicle while fatigued and for failing to properly maintain its fleet. Try to avoid making any assumptions about whether you have solid grounds upon which to file legal action or not until our knowledgeable team has assessed your situation objectively. You may be entitled to more compensation than you’d originally think or be led to believe.
If the Accident that Harmed You Was Partially Your Fault
While it was tragic that you were involved in an injurious crash, it is fortunate that your crash occurred while you were traveling in California. California is one of a few states classified as a “pure” comparative negligence state. Practically speaking, this means that even if you were significantly to blame for the circumstances that led to your crash, you may remain entitled to seek damages from others who can be held legally liable for their negligent, reckless, or intentionally dangerous conduct.
Some states prohibit injury victims from seeking damages from others if the victims themselves were partially responsible for the harm they’ve suffered. Other states only allow victims to pursue damages if they were less than 50 percent at fault for the incident in question. However, California places no such cap on comparative negligence. As a result, if you are deemed to have been partially at fault for your crash, you’ll simply be entitled to collect less compensation than you would if you were not at fault in the least. For example, if your harm is valued at $120,000 and you are assigned 20 percent of the blame for your accident, you will remain entitled to pursue nearly $100,000 in damages from those whose fault makes up the other 80 percent of the equation. As a result, you’ll want to explore your legal options even if you were partially to blame. In California, you still have options available to you.
When Travelers Are Hurt While Driving for Work
If you were driving a truck or another vehicle for work-related purposes when your crash occurred, know that you may be eligible to file for workers’ compensation benefits as a result of the harm caused by the collision. If you’re eligible for this coverage, you’ll also remain eligible to sue third parties whose conduct contributed to the cause of your harm; you’ll simply be barred from suing your employer via a personal injury lawsuit. If you’re properly classified as an independent contractor, you’re ineligible for these benefits and must seek compensation through the personal injury claims process and insurance settlements. However, if you’re classified as an employee, you’re probably entitled to a benefits award.
The aftermath of an accident involving a large truck can be undeniably stressful. Between dealing with missed work days, trying to focus on recovering from your injuries, and managing the financial and practical consequences of your crash, it can be tempting to hold off on speaking with an attorney about your legal options. Know, however, that speaking with our team about your options is a time-sensitive issue. If you’re hoping to file a workers’ comp claim, you must take certain steps within 30 days of your accident. If you’re in a position to file a personal injury claim, we need to act fast to preserve critical evidence.
It can be tough to pick up the phone or reach out online when you’re still reeling from the shock caused by a collision. However, the stability of your family’s finances and your ability to continue receiving medical care may be significantly affected by how quickly you respond to the legal realities of your situation. If you haven’t already scheduled a confidential, no-risk, free consultation with our firm, please do so today. We look forward to speaking with you so that you can make informed, timely decisions about any and all options available to you under the circumstances.