Maison Law offers representation to all victims of truck accidents in Oildale. If you or someone you love has been injured in a truck accident or you have lost a loved one in one of these life-altering accidents, contact an Oildale truck accident lawyer for your free and confidential consultation.
Because truck accidents tend to be catastrophic in nature, they tend to lead to immense property damage and injuries. Big-name insurance companies might start calling the victim of a truck accident directly following their collision, increasing the stress that a victim feels during these devastating times. At Maison Law, we will compassionately handle your truck accident claim by providing you with the resources and knowledge needed to endure the legal system. Contact us for representation every step of the way.
Do I Need an Oildale Truck Accident Lawyer After an Accident?
Imagine traveling on a major highway in Oildale when, all of a sudden, a large tractor-trailer veers into your lane and slams into your vehicle, causing you to strike the median. Suddenly, you are facing a variety of property damages and injuries that you never expected when you got behind the wheel.
Although not every accident will warrant hiring an attorney, many truck accidents lead to severe damages and make it nearly impossible to move forward without one. Trucking companies employ expensive insurance companies to protect their interests, which means that you will need the experience of a lawyer who has handled complex truck accident claims in the past.
Here are some common reasons why you may need the help of an Oildale truck accident lawyer after a truck accident:
- You have sustained extensive damages to your vehicle
- You have extensive medical bills and income loss due to your injuries
- The insurance company is causing you issues
- You are unsure about liability
If your injuries are so significant that they impact your everyday life or your ability to return to work, the help of a truck accident lawyer might be necessary. Because trucks can weigh tens of thousands of pounds, many of these accidents lead to extensive harm. A lawyer will be well-versed in California truck accident laws and can handle the stressful aspects of your claim while you heal.
Common Types of Oildale Truck Accidents
Though truck drivers typically endure extensive training before hitting the road, accidents still happen every day in Oildale and throughout Kern County. Because trucks are so large compared to passenger vehicles, they are capable of causing life-altering damages and injuries. Some of the most common types of truck accidents include the following:
Rear-End Accidents: Because of the sheer size of tractor-trailers and other trucks compared to passenger vehicles, a rear-end accident could cause a smaller vehicle to be crushed at the moment of impact. Truck drivers need to make sure that they leave enough time to come to a complete stop, as they need more distance than regular vehicles to stop their vehicles. A rear-end accident can easily happen when a driver is speeding or driving distracted.
Head-on Collisions: It is not uncommon to hear about head-on collisions where a truck driver drifted out of their lane and into the other lane of oncoming traffic. This can easily happen when a driver is attempting to comply with demanding hours and falls asleep at the wheel.
Jackknife Accidents: When a truck driver makes an improper turn or does not brake correctly, their trailer could start to make a wide swing and cause a jackknife accident. When a trailer is skidding along on a major highway, it could take multiple vehicles along with it.
T-Bone Crash: These accidents, also known as side-impact collisions, tend to occur between trucks and other vehicles at intersections. If a driver ignores a red light or makes an improper move due to failing to obey the right-of-way, they could collide directly with the side of a vehicle.
Wide Turn Accidents: Right-hand turns can be tight for truck drivers, which is why they are supposed to take special precautions on our roads. A passenger vehicle driver could be put into a dangerous situation when a trailer ends up in the other lane of traffic by accident.
Determining Liability in an Oildale Truck Accident
Holding the correct party or parties liable for a truck accident is of utmost importance when you move forward with a personal injury claim. When you first consider a truck accident, you may assume that the truck driver is always at fault. However, there could be several parties named in one of these complex lawsuits. These include some of the following:
Truck Driver: When a truck driver breaks the law or drives carelessly, they could be held liable for the harm that they have caused a victim in a truck accident. Several actions could lead to a truck driver’s liability, from drunk driving to speeding or driving while distracted.
Truck Owner: The owner of the truck might be a different party than the driver of the truck or a company that employs the driver. Owners of trucks have a responsibility to maintain their vehicles and inspect the truck’s internals, from the engine to the brakes. There are actually federal regulations for frequent inspections and, if an owner chooses not to abide by these regulations, they could be found liable for a truck accident.
Trucking Company: A trucking company that hired a driver is typically found responsible for an accident to some degree. Perhaps there were negligent hiring practices used or a company never completed inspections on their trucks. When safety is not a concern to a company and an accident results, they could owe damages to all who have been hurt in an accident.
Cargo Loader: A cargo loader is supposed to fully inspect the cargo on a truck to make sure that it is properly secured. If equipment or boxes move around or fall off of a truck and cause an accident, they could be held liable for harm.
Manufacturer of Truck Parts: Manufacturers of truck parts are supposed to follow regulations and develop parts with precision and care. If there is a defect on a truck that leads to an accident, a manufacturer could also be liable.
Proving who is liable for a truck accident is not always easy to do, especially when all of the involved parties are pointing fingers at one another. Part of proving liability is gathering the best evidence possible from experts and witnesses. This can be done with a knowledgeable attorney who has previously handled truck accident claims.
Preserving Evidence in a Truck Accident Claim
It can be an extensive process to gather and preserve truck accident evidence that can be useful in the future of your claim. You may hear from a lawyer that evidence can quickly disappear after a truck accident, especially with insurance companies looking out for the best interests of their drivers and the trucking company.
Modern commercial trucks are equipped with what is known as a ‘black box.’ Black boxes are electronic devices that keep track of data in the event of a truck accident and can be retrieved to show crucial evidence in a claim. A black box could provide some of the following useful data in the event of a claim:
- If the brakes were applied when the truck accident occurred
- The driver’s speed at the time of the collision
- The exact location where the accident occurred
- The length of time that a truck driver was on the road prior to an accident
- The gear shifts a truck driver made
- Any important inspection records
On top of black box data, trucking companies keep copies of records for several months that apply to the driver involved in your accident. These records include:
- Hiring and training that the truck driver received at the company
- The driver’s daily driving logs
- Daily inspections that the truck went through
- Any past accidents that the driver was involved in
Unfortunately, truck companies have been known in the past to spoil and even completely destroy data after an accident has taken place. Some trucking companies and their insurance companies will go to extreme lengths to keep data from those who have been involved in a truck accident so that it makes it more difficult to recover damages in an accident claim. Having the assistance of a legal advocate can help a victim preserve evidence in a timely manner before it has the chance to disappear completely.
Damages Available to Victims Following a Truck Accident
Bringing a personal injury claim is the best way to ensure that you are compensated for a variety of damages after a life-altering truck accident. There are many types of damages that you may be able to recover both economically and non-economically. These include the following:
- Medical expenses that you have incurred due to the accident
- Property damage to your vehicle
- Pain and suffering when you have received extensive injuries
- Therapy and equipment costs for ongoing injuries
- Funeral and burial costs when a loved one’s life has been lost due to an accident
You may be entitled to many types of damages, especially if your injuries are incredibly severe. If you have lost somebody you love in a fatal truck accident, you and your family may also be able to recover damages through a wrongful death claim.
Frequently Asked Questions
How long do I have to file a personal injury claim after a truck accident?
The statute of limitations for personal injury lawsuits in California is two years. This means that from the time of your accident or when you first discovered your injuries, you have two years to bring a personal injury claim if you want to successfully recover damages.
If the truck company is offering me an immediate settlement, should I still hire an attorney?
Yes. If there is a settlement offer soon after your accident, it will likely not be enough to cover all of your damages and long-term losses. This is the insurance company’s tactic for offering you less than you need and avoiding a large payout to victims.
Can I still recover damages if I am partially to blame for the truck accident?
Yes, you can still recover damages if you are partially to blame for a California truck accident. Regardless of how much you are at fault, the other party still owes you a percentage of damages based on their fault for the collision.
Contact an Oildale Truck Accident Lawyer
With many laws and regulations governing trucks and trucking companies, drivers imagine that they will be kept safe when sharing the roads with these large vehicles. However, a truck accident can happen in the blink of an eye and forever alter the course of your life.
If you or somebody you love has been affected by a truck accident due to a negligent party, contact a trustworthy and compassionate lawyer like Martin Gasparian at Maison Law. Your consultation is entirely free and confidential and you do not have to pay any upfront fees until your case is won. You have time to focus on your physical recovery while we handle all aspects of your claim.
