Irvine Truck Accident Attorney

How Can an Irvine Truck Accident Lawyer Help?

Truck accidents often lead to very complex insurance cases. Often, the at-fault driver or company’s insurance will not offer a fair settlement. They may not want to admit liability and open themselves up to significant settlements.

Your Irvine personal injury attorney will be responsible for:

• Gathering all of the evidence from the incident, including police reports, eyewitness accounts, photographic and video evidence, and more.
• Obtaining your medical records and having them reviewed by trusted healthcare professionals.
• Obtaining and reviewing all safety records pertaining to the truck driver and company.

Truck Accident Statistics

Even though most large trucks on the roadway get to and from their destinations safely, accidents do occur with regularity. According to the Federal Motor Carrier Safety Administration (FMCSA), there were over 148,000 people injured and nearly 5,000 killed in large truck crashes in the U.S. during the latest reporting year.

Truck Accident Injuries

These incidents can lead to severe injuries due to the size and weight of the truck. It is not uncommon for us to see the following injuries after a truck crash:

• Spinal cord injuries
• Traumatic brain injuries
• Bone fractures and dislocations
• Significant disfigurement
• Loss of or damage to a bodily organ
• Dismemberment or amputation
• Other injuries that inhibit a person’s daily activities

Common Causes of Truck Accidents

In many cases, truck crashes are caused by the negligence of a truck driver or trucking company. This can be due to:

• Impaired or distracted drivers
• Fatigued drivers
• Truck failure due to poor maintenance
• Defective truck parts
• And more

Who Can be Held Liable for an Irvine Truck Accident Claim?

There may be various parties who could be held liable in the aftermath of a crash involving a large commercial truck and a small vehicle in Irvine. The driver of a passenger vehicle could certainly be held liable if their actions caused the truck crash.

However, the truck driver could also hold liability for the incident if their actions contributed to the incident. In addition to a truck driver holding liability in these situations, the trucking company may also be held liable through vicarious liability for the actions of the driver. In general, we will find that an employer can be held responsible for the actions of their employees, particularly if the employee was carrying out job-related duties at the time the collision occurred.

A trucking company can also be held responsible for a collision if their accidents contributed directly to the incident. This can include the company failing to inspect or maintain their vehicles or encouraging unsafe driving behaviors.

These large commercial vehicles are often loaded by third-party entities. These third parties could be held responsible for a collision if their actions contributed to the incident. This could be the case if they failed to adequately load the vehicle, did not properly balance the load, or failed to secure the load properly.

Finally, the manufacturer of the commercial truck or parts used on the truck could be held responsible for a truck crash in the event a defective part caused the incident.

Partial Liability for a Truck Accident

Individuals often wonder whether or not they can secure compensation even if they are partially to blame for the incident. In some states in the US, a contributory negligence rule applies, which means that if a person is at fault for the incident in any way, they are unable to recover compensation.

However, California operates under what is considered a “pure comparative negligence” system. This means that individuals can recover compensation even if they are up to 99% at fault for a truck crash in Irvine. There is a caveat to this – the total amount of compensation a person receives will be reduced based on their percentage of fault.

For example, if an individual sustains $100,000 in damages in a crash because a truck driver failed to check their blind spot before making a turn, the victim should be able to recover compensation. However, if the vehicle driver had a malfunctioning headlight, it could be the case that they were partially responsible for the incident. A jury could determine that the vehicle driver was 30% responsible for the crash because of the faulty equipment. This would mean that, instead of receiving the full $100,000, the individual would receive $70,000 in total compensation to account for their 30% of fault.

Compensation for Truck Accident Victims in California

If you or someone you care about has been injured in a truck accident that was caused by a reckless or careless truck driver or truck company, seek legal assistance from a skilled Irvine truck accident attorney immediately. At Callahan & Blaine, you can count on our experienced team to get to work on your case. We want to make sure you get the compensation you deserve, including:

• Your medical expenses related to the incident
• Lost wages and benefits if you cannot work
• Pain and suffering damages
• Loss of personal enjoyment damages
• Punitive damages against the truck driver or company

How Much Compensation is Available for a Truck Accident Claim?

There is no set amount of money available to Irvine truck crash victims. Rather, it is important to understand that no two truck accident cases are exactly alike. The facts and circumstances of one case will certainly not be the same as the factors surrounding other truck accident claims.

Some other factors that can affect total compensation amounts include:

• The severity of the injuries
• Whether or not a truck crash victim can work while they recover
• Whether there are any disabilities
• The level of the victim’s pain and suffering
• The total amount of property damage

When working to properly value an Irvine truck accident case, an attorney will consult with trusted medical and economic professionals. These individuals will help place a dollar value on each particular truck accident claim. In some cases, the claim may be worth a few thousand dollars, particularly for incidents where there is only minor property damage. However, when a catastrophic injury occurs as a result of a truck crash, total compensation may reach into the hundreds of thousands of dollars or even more than a million dollars.

How Long do You Have to File a Truck Accident Claim in Irvine?

It is crucial for truck accident victims in Irvine to understand that they have a limited amount of time to file these claims. First, you need to consider the insurance carriers involved. This will include your personal insurance carrier as well as the insurance carrier for the trucking company and truck driver. Insurance carriers typically have very strict reporting deadlines for these cases. You need to report the truck accident to your personal insurance carrier within a day or two after the incident occurs. Failing to do so could result in your claim being delayed or denied unnecessarily.

In the event you have to file a personal injury lawsuit against the at-fault driver or trucking company, you have a limited amount of time to do so. The personal injury statute of limitations in California is two years from the date an injury occurs. This means that a truck accident victim in Irvine has a two-year window with which to file a lawsuit against the alleged negligent driver or trucking company. Failing to file a lawsuit within this time frame will mean that the crash victim will not be able to recover the compensation they are entitled to.

Steps to Take After a Truck Crash in Irvine

If you or somebody you love has been injured in a truck accident in Irvine, there are various steps that you can take to ensure that you recover maximum compensation. As we go through these steps, we understand that no two truck accident claims are exactly alike. The aftermath of the crash is chaotic, so not all of these steps may occur in this order. However, you need to do everything you can to follow these steps so that you can recover the compensation you need to make a full recovery.

1. Call 911. Every truck accident that occurs in California needs to be reported to the law enforcement officials responsible for collisions in that area. Often, this will be the California Highway Patrol. In some cases, this may include county or local municipal law enforcement agencies. The police need to come to the scene to conduct a preliminary investigation and ensure that the accident report is filled out. Additionally, calling 911 is the fastest way to ensure that an ambulance gets to the scene to treat any injuries.
2. Seek immediate medical care. It is crucial for any truck crash victim to seek medical care as soon as possible. Even if the injuries do not seem severe, individuals need to go to the doctor for an evaluation. Some truck accident injury signs and symptoms do not appear until the hours or days after the incident occurs. By seeking immediate medical care, a truck crash victim is not only ensuring their well being, but they are also establishing a strong link between the crash and any injuries that occur.
3. Gather evidence. If it is safe to do so at the scene of a crash, and if individuals do not have to seek immediate medical care, they should begin gathering evidence. This can include using a cell phone or another type of camera to take photographs of everything at the scene of the crash. This includes damaged vehicles, injuries, the name of the truck company, debris, skid marks, traffic and weather conditions, and more. If there were any eyewitnesses to the crash, their names and contact information need to be obtained as soon as possible.
4. Report to your insurance carrier. You need to report the truck crash to your insurance carrier as soon as possible. Most insurance carriers have strict reporting deadlines, and failing to promptly report a crash could result in an unneeded delay of the claims. You do not have to go into much detail when you report the incident to your insurance carrier, but they do need to know that the crash occurred.
5. Contact an attorney. You need to speak to an attorney who specializes in truck crashes as soon as possible. These incidents can become complicated, but an attorney with experience will know what steps to take to ensure that you recover maximum compensation.
6. Keep a daily journal. We encourage every truck crash victim to keep a detailed daily journal that documents their medical treatment, levels of pain and suffering, and anything relevant about the incident. This will be valuable when it comes to securing compensation from an insurance carrier or through a personal injury jury.

Schedule a Free Consultation With a Truck Accident Lawyer in Irvine, CA

At Callahan & Blaine, we believe in holding negligent parties accountable for the injuries and damages they cause. If you need a dedicated Irvine truck accident attorney, call us at 714-241-4444 or contact us online.