Truck accidents involving 18-wheelers are especially problematic. With their greater size, the chances of serious injury and property damage go up dramatically compared to regular passenger vehicles. This is especially true in Santa Cruz, given the presence of State Routes 1 and 17 that go in and out of the city.
If you or someone you love has been in a truck accident caused by a negligent truck driver, the personal injury lawyers of Maison Law can help. Our legal pros have years of experience handling complex truck accident insurance and legal cases and can assist you in recovering the compensation you deserve. To learn more about what legal rights you have and how to take advantage of them, contact Maison Law today.
Causes of Truck Crashes in Santa Cruz
There are a multitude of reasons a truck accident can occur, but they’re usually the result of one or more of the following:
- Driving while distracted
- Driving too fast for road and weather conditions
- Inadequate truck maintenance
- Manufacturing defects
- Loading trucks improperly
- Tailgating
- Insufficient screening during the truck driver hiring process
- Driving under the influence of alcohol or drugs
- Fatigued driving
- Improperly changing lanes
- Failing to yield right-of-way
- Breaking one or more traffic laws
What You Should Do If You’re Involved in a Truck Crash
Immediately after a truck accident, you need to check for injuries and call 9-1-1 if anyone is hurt. If there are no injuries, you should still contact the police, but you can use a non-emergency number to reach them.
After calling for help, if you’re able and road conditions allow, try to gather as much information from the accident as possible. This includes:
- Taking pictures of the accident scene, including skid marks, road conditions, and property damage.
- Obtaining the names and contact information of any eyewitnesses.
- Exchanging insurance information with anyone involved in the accident, especially other drivers.
After things have calmed down and you’re back home after being treated for your injuries, you’ll want to start preparing for filing an insurance claim and/or lawsuit. This means gathering important information about the accident that you don’t already have, such as:
- Your medical records that document the extent of your injuries and the financial costs to treat them,
- A copy of the police report. This can prove invaluable when trying to establish fault, especially when the responsible driver is denying causing the accident.
- The contact information of a personal injury lawyer with experience handling truck accident cases.
How To Prepare for a Consultation With a Truck Accident Attorney
After you contact a lawyer, they’ll schedule a consultation to discuss your case. This is where the intake process begins, and a legal assistant, paralegal, or secretary will ask you to fill out a questionnaire and ask you questions about the accident. In some cases, you’ll speak directly to a lawyer before completing the questionnaire.
The lawyer and their firm will need key information to properly assess if you have a case. Whether they get the information from a questionnaire or you answering questions in-person or over the phone, you’ll need to have this information available to make the most if the consultation and intake process. This key information will include the following types of facts:
- Employment information, such as income, job title, and name of your employer.
- A timeline of what happened. This can include relevant times and dates relating to the accident itself, doctor’s visits, filing insurance claims, when you first noticed an injury, who you talked to after the accident, etc.
- The names and contact information of accident eyewitnesses and those involved in the accident.
- Insurance information, both yours and the other driver’s.
- Copies of papers that document your injuries and damages suffered.
- Evidence that shows how the accident happened, such as traffic camera footage, police reports, dash cam footage, cellphone recordings after the accident, etc.
Common Defendants in Truck Accident Lawsuits
Should the need arise to bring a lawsuit, there are any number of potential defendants. Exactly who you’d sue will depend on the unique facts and circumstances of your truck accident, but entities commonly found liable in trucking accident are:
- The truck company: Even if the driver made the mistake that led to the accident, the driver’s employer can also be legally liable through the theory of respondeat superior. This is where the employer can sometimes be vicariously liable for the wrongful acts of its employee.
- The truck driver: If the truck driver was negligent or acted recklessly or carelessly and caused the accident, they’re a likely defendant. However, because many truck drivers are employees of truck companies, it’s usually the truck company that plaintiffs focus on in personal injury cases involving trucks.
- Third parties: If another driver, government entity, or company played a part in causing the accident, they’re potential defendants as well. For example, you might be able to sue the road maintenance company if they were negligent in road repairs and those repair mistakes caused the accident.
Types of Damages You Can Recover After a Big Rig Truck Accident
Damages are one of the biggest differences between truck and regular vehicle accidents. The added mass of trucks means more significant property damage and serious injuries, including death. The exact amount and type of damages will depend on the facts of your case, but can include one or more of the following:
- Past and future medical bills
- Pain and suffering (this can include stress, depression, and anxiety due to the accident)
- Property repair/replacement costs
- Lost income
- Occupational training if you need to change careers because of your injuries
- Wrongful death benefits, such as funeral expenses
In some cases, the amount of damages isn’t in dispute. However, the defendant might strongly contend they weren’t at fault for the accident. In other cases, liability isn’t in question, but there might be disputes as to the amount of a plaintiff’s damages.
For instance, a plaintiff might argue that the accident hurt their back, but the defendant believes the back injury existed before the accident. As a result, the defendant shouldn’t have to pay for the plaintiff’s back surgery. Then there are cases where the defendant disputes being at fault and the existence of the plaintiff’s damages. This is where having an attorney can be especially useful.
Maison Law’s Santa Cruz Truck Accident Lawyers Are Ready To Help
Getting hurt in a truck accident can change your life, but it doesn’t mean you shouldn’t be able to live your life. The truck accident attorneys at Maison Law understand that you only get one opportunity to obtain the compensation you deserve. We’ve handled numerous personal injury cases involving trucks and have been successful in recovering compensation for our clients in Santa Cruz and the rest of California.
To learn more about how we can help, contact us as soon as possible. We offer free consultations where we can evaluate your case and explain your next steps.
Santa Cruz Truck Accident FAQs
How do I know if I have a case?
You’ll need to talk to a lawyer to know for sure, but generally speaking, you have a case if you suffered damages from the truck accident and someone else was at least partially at fault for causing the accident. Basically, if someone could have taken reasonable steps to avoid the accident and failed to do so, you may have a potential case.
How long will it take to sue?
How long a case lasts depends on how hard a defendant wants to fight, how much compensation you’re seeking, and the strength of your case. That being said, most lawsuits never make it to trial and settle a few months to a few years after the plaintiff files the complaint.
How much time do I have to bring a personal injury case in Santa Cruz?
Generally speaking, California law gives prospective plaintiffs two years from the date of the truck accident to bring a personal injury lawsuit. This deadline could be different if you want to sue a government entity or you seek compensation for property damages instead of personal injuries.
