Maison Law represents truck accident victims in Salinas. Our firm understands that everything in your life changes after a truck accident injury. That’s why we make it our priority to recover everything you’ve lost and get you compensation to cover all current and potential future damages. We don’t settle for less, and neither should you. Contact Maison Law today for a no-cost, no-obligation consultation to explore legal options.

How Maison Law Helps Salinas Truck Accident Victims

Located less than an hour south of San Jose and the Bay Area, and nestled in the heart of Monterey County, Salinas’s highways are an essential pathway for commercial trucks in California. Unfortunately, this means truck accidents in Salinas are not uncommon.

Fortunately, Maison Law is there for victims injured in truck accidents in Salinas. While the insurance company may try to dismiss many of your financial needs after an accident, we ensure you are fully compensated for the following damages:

Emergency room treatment
Hospital bills
Medications and medical equipment
Ongoing treatment for current and future medical needs
In-home care
Lost income
Loss of consortium
Vehicle repair

One of the first steps we’ll take is investigating the accident and filing a lawsuit against all parties responsible for your injuries. Truck accident injuries are usually life-altering, so we exercise every avenue of legal recourse against those responsible to make sure you are fairly compensated for the amount of pain, suffering, and financial loss you’ve been forced to endure.

Salinas Truck Accident Liability Law

In the case of a commercial truck being involved in an accident, the corporation that owns the truck will most likely be liable for the actions of their truck drivers through vicarious liability. Examples of truck owners could be:

Truck company liability is covered in California’s Respondeat Superior Law, which states:

“The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”

However, trucking accidents are more complex because several parties can be liable for causing your accident. It may seem simple, but there are a lot of different factors that go into truck transportation. Other liable parties include:

The manufacturer of the truck and its parts
Vendors providing services to the carrier
The owner of the cargo
A local government or contract responsible for road or highway maintenance
Other third-party drivers on the road

Proving Liability in a Salinas Truck Accident

When dealing with truck accidents, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law:

“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

Regardless of how many parties are involved, if you can prove that someone else’s negligence caused your injuries, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:

Had an obligation to act with reasonable care: If a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
Breached their “duty of care:” The injured party (plaintiff) must demonstrate they were owed a duty of care by the person at fault (defendant). For example, in a truck accident, the duty of care would have been ignored if a truck driver broke a traffic law and was driving dangerously before the collision.
Acted careless or reckless: If the driver failed to follow the law or safety protocols and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

Truck Accidents with Independent Contractor Truck Drivers

If the truck driver involved in your accident is independently contracted, then your path toward compensation will be different than an accident with a commercial truck driver employed by a company. In California, this is not uncommon, as there are over 70,000 owner-operator truckers across the Golden State, according to the Journal of Commerce.

If an independently contracted truck driver gets into an accident with you, you can file a lawsuit against the driver, but it will be difficult to include the trucking company in the lawsuit. However, there are certain instances where a trucking company can be liable for an independently contracted truck driver.

When determining liability between the truck driver and the truck company, their relationship to one another must be clearly understood. You will need to establish if the independently contracted driver was acting within the scope of employment at the time of the accident. Also, the company would have to specify the driver as an independent contractor in writing. Failure to identify an employee as an independent contractor would potentially make the company liable for the truck driver’s actions. Other liability factors to be considered include:

The level of control the trucking company has over the driver’s work
The type of work the driver was hired to do
The truck driver’s employment history
The truck driver’s intent
The nature of the accident and where it occurred
The expectations the company had for the driver

Truck Driver Requirements to Prevent Truck Accidents

Whether it’s an employed truck driver or an independently contracted truck driver, any person driving a commercial truck on California roadways is required to obtain a commercial driver’s license (CDL). Truck drivers must pass a vision test, a medical exam, and a written knowledge test at the DMV. Also, the truck driver must complete a minimum of 15 hours of behind-the-wheel training before a CDL can be issued. Truck drivers are also required to adhere to the following while driving a truck:

Truck driver logs: The FMCSA requires that all commercial truck drivers keep a log of their activities. This log should include every stop they make, rest breaks, as well as routine inspections.
Truck inspection requirements: Drivers must inspect the vehicle before each trip, and trucking carriers are responsible for regular inspection and maintenance.
Hours of service requirement: the hours truck drivers can operate a commercial truck per day are regulated. The regulations are designed to ensure the truck is operated safely and without tired drivers.
DOT numbers: The US Department of Transportation requires trucks to have an identification number. This number must be visibly displayed on both sides of the truck.
Size and weight limit: Truck weight and height limits can be found in California’s Truck Restriction Laws. However, these limits can be extended with special permission from state or federal regulatory agencies.

Common Causes of Truck Accidents in Salinas

Knowing what causes your accident is detrimental to your case. It tells a story of what happened and who was at fault for the incident. The most common causes of truck accidents in California include:

Driver fatigue: demanding schedules and long drives often cause truck drivers to become fatigued if they don’t take the time to rest. Fatigue results in slower reaction times and a lack of attentiveness, resulting in a higher risk of an accident.
Distracted driving: calling or texting, interacting with dispatchers, taking your eyes off the road, using the GPS, and eating or drinking while driving.
Speeding: truck drivers work under strict deadlines, which often causes them to drive recklessly.
Improper loading or unsecured cargo: improperly stored cargo can make the truck unbalanced, causing the driver to lose control and even flip the truck while driving.
Poor vehicle maintenance: trucks must adhere to high maintenance standards. If any maintenance is missed it can build into a much bigger problem.
Lack of training: truck driving is a difficult job. They must know how to safely maneuver their vehicles through all sorts of scenarios and drive through a number of weather conditions. If they are not properly trained, then their risk of causing an accident increases.

Types of Salinas Truck Accidents

With thousands of trucks driving around the country every day, truck accidents are unfortunately a common occurrence. In 2020, truck accidents made up 11% of all deadly accidents in the United States. The most common truck accidents are:

Jackknife accidents: occur when the trailer swings out at a 90-degree angle. This usually happens when the brakes are applied suddenly or the driver loses control
Rear-end collision: occurs when the truck crashes into the vehicle in front of it
Underride accident: These accidents are the most deadly because they occur when a smaller vehicle slides underneath the trailer of a truck
T-bone collisions: side-impact crashes happen when the truck hits the side of another vehicle
Rollover accidents: occur when a truck flips over on its roof due to taking a sharp turn, speeding, or improper loading.

What to Do After a Salinas Truck Accident

A truck accident can be life-altering. If you’re involved in an event as traumatic as a truck accident, it can be tough to think straight and know what you’re supposed to do next. We’ve provided you with the following steps to protect your rights and begin building your case:

Seek medical attention immediately: Even if your injuries seem minor (which is unlikely in a truck accident), they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor to make sure everything is okay.
Call the Police: Failing to alert the police does not help your case, especially if the case comes down to your word over the truck driver. A police officer will file an accident report and may even assign blame based on their collision assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the damage to your car, to the truck, your injuries, skid marks on the road, and street signs or landmarks. Take a video of yourself recounting the accident while it is still fresh in your mind. And if there are any eyewitnesses, be sure to get their names and numbers as they can testify on your behalf or provide a statement to corroborate your story.
Collect Information: Exchange insurance information with the driver, and be sure to get their name, phone number, and contact information.
Contact Maison Law: Our firm is standing by to help truck accident victims in Salinas physically and financially recover. Call, text, or email. Our door is always open to the Salinas community, and we’d love to help you through this difficult time.

What if a Defective Truck Part Caused My Truck Accident in Salinas?

In California, defective truck part claims fall under product liability law. Product liability holds manufacturers, distributors, and retailers accountable for providing a safe product for consumers. If a defective truck part causes an injury, the victim may prusue a lawsuit based on:

Strict liability: A manufacturer can be held responsible for strict liability. A plaintiff must prove the product was defective and the defect was a direct cause of their injury. Strict liability can be imposed for three types of product defect:
1. Manufacturing defects
2. Design defects
3. Warning defects (inadequate warning)
Carelessness: Requires the plaintiff to prove the defendant failed to exercise reasonable care in the design, manufacture, or distribution the their product, which caused substantial injuries.
Breach of Warranty: Warranties guarantee a truck’s performance, but if a part fails to meet these guarantees, a breach of warranty could be pursued.

At Maison Law, we work with expert investigators and accident scene recreation professionals to prove liability against the at-fault parties. If you’re unsure who is responsible for your accident, that’s okay. Contact us today, and we’ll help you get started.

What is the Typical Compensation for a Truck Accident in Salinas?

If you’re injured in a truck accident in Salinas, you may be able to receive compensation for your damages. There are three damages you can claim that will have a substantial impact on the amount of compensation you can receive. They include:

Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite

It is important to note the final settlement amount varies widely depending on the circumstances of each case and the severity of your damages. It is recommended to consult with a trusted truck accident attorney at Maison Law to fully understand the value of your case.

How an Insurance Policy Affects a Salinas Truck Accident Injury Settlement

When it comes to truck accident claims in California, understanding the role of insurance policies is crucial. Insurance serves as a means to protect accident victims from financial loss in the event of accidents or unforeseen circumstances. Their primary role is to assess claims, investigate liability, and determine the appropriate compensation based on policy coverage and legal requirements. An insurance policy can impact a final settlement amount based on the following factors:

Comprehensive and Collision Coverage: Comprehensive or collision coverage covers the costs of repairs or replacement of a vehicle, regardless of who was at fault.
Uninsured/Underinsured Motorist Coverage: If the liable driver (the driver who caused the accident) has no insurance or insufficient coverage, your uninsured/underinsured policy can step in and cover the losses.
Liability Insurance: This insurance is required in California and covers the other party’s damages when the insured is at fault. The state minimum liability coverage according to the California DMV is $15,000 per person for those injured, $30,000 per accident, and $5,000 for property damage.
No Injury Cases: in cases where no one sustained any injuries, the final settlement will be determined by the property damages, as well as other expenses such as repairs and rental care fees.

Salinas Truck Accident Injury Settlements

Truck accident injuries are usually devastating, resulting in long-term medical care or permanent disability for some victims. However, some accidents may be minor and result in far less serious injuries. It is important to remember that the final settlement amount will largely be based on the severity of your injury. For example, if your injury requires surgery or results in permanent disability, then your settlement can be far more substantial due to the cost of medical treatment, missed time at work, and suffering. Average injury settlements are as follows:

Low settlements: Low settlements usually consist of minor accidents with little to no injuries. These could include back sprains and strains. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages. These tend to fall around $5,000 to $10,000.
Moderate settlements: Moderate settlements apply to accidents with moderate injuries such as broken bones or soft tissue damage. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery. These tend to fall anywhere from $10,000 to $100,000.
High settlements: High settlements involve severe injuries, resulting in long-term medical treatment or permanent disability. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.

How Maison Law Will Help You Win a Fair Settlement

At Maison Law, we help Salinas truck accident victims achieve successful outcomes through:

Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term, medical needs.
Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tacts insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.

FAQs

Q: Do I have a time limit to sue for a Salinas Truck Accident?

A: Two years from the date of the accident is the statute of limitations for a personal injury in California.

Q: Do different laws apply to truck accidents in California?

A: Yes, specific laws are applied to only trucks due to the size and weight of the vehicle. There are for more rules and regulations to operating a commercial truck, or 18-wheeler.

Q: What if I was partly to blame for the truck accident?

A: California is an “at-fault” state, and a percentage of the blame will be assigned to you by a police officer, insurance adjuster, or a jury. If you reach a settlement, that percentage will be deducted from your compensation.

Contact Maison Law | Salinas Truck Accident Lawyers

If you or a loved one has been in a truck accident in Salinas, then Maison Law can help you get the compensation you need. We’ll connect you to our trusted medical experts, assign you a lawyer, and get you a fair settlement. The initial consultation is free, and our door is always open. Call, text, email, or stop by our offices anytime to get started.

Salinas Truck Accident Lawyer | Your Rights and Laws After a Truck Accident