San Rafael Truck Accident Attorneys
Were you injured in a commercial truck accident? Call the experienced San Rafael truck accident attorneys at Kuvara Law Firm to get started with your recovery.
Filing a truck accident claim may enable you to recover compensation for your medical bills, lost wages, property damage, and pain and suffering.
The law firm you choose to represent you, however, will significantly impact the outcome of your case.
At Kuvara Law Firm, we offer:
- 50 years of experience
- NO LEGAL FEES unless we win your case
- A legal team that puts you first
Free Consultation
California Truck Accident Statistics
According to recent statistics from the California Highway Patrol (CHP), truck accidents in California have led to a significant number of injuries and fatalities. In 2023, approximately 355 fatal truck crashes occurred in the state, resulting in numerous deaths and thousands of injuries. Nearly 3,000 truck accidents led to injuries, highlighting the ongoing risk posed by large trucks on the road. These accidents often happen on major highways and are particularly prevalent in Los Angeles County, reflecting a broader nationwide trend of increasing truck-related incidents.
Understanding Truck Accident Liability in California
Understanding truck accident liability in California involves navigating a complex web of laws and regulations designed to determine fault and responsibility. Liability in truck accidents can extend beyond the truck driver to other parties, such as the trucking company, vehicle manufacturers, and even third-party maintenance providers.
In determining truck accident liability, the elements of negligence play a critical role. First, the duty of care must be established, showing that the truck driver and related parties had a responsibility to ensure safety on the road. Second, it must be demonstrated that there was a breach of duty, such as speeding, driving while fatigued, or failing to maintain the vehicle properly.
Next, causation must be proven, linking the breach of duty directly to the accident and the resulting harm. This involves showing that the negligent actions were both the actual cause and the proximate cause of the injuries. Finally, damages must be evidenced, indicating that the plaintiff suffered real harm, whether physical, emotional, or financial, due to the accident.
Establishing these elements is essential for holding the responsible parties accountable and securing compensation for the victims of truck accidents.
Who Can Be Sued in a Truck Crash Case?
A skilled truck accident lawyer will analyze the facts of your case to ensure that all liable parties are brought into any lawsuit or claim.
Truck Drivers
Truck drivers themselves can be held liable if they were negligent in their driving. This could include speeding, driving under the influence, or violating hours-of-service regulations designed to prevent driver fatigue. Evidence such as traffic citations, witness statements, and electronic logging device (ELD) data can be crucial in establishing driver negligence.
Trucking Companies
Trucking companies may also be liable under the doctrine of “respondeat superior,” which holds employers responsible for the actions of their employees performed within the scope of their employment. Additionally, companies can be directly liable if they fail to maintain their fleets properly, do not adhere to safety regulations, or engage in negligent hiring practices.
Third Parties
Third parties may also be brought into a truck accident lawsuit. For example, if a company that is responsible for loading and securing cargo in large trucks did not properly secure a load, the shifting cargo could cause a rollover or other type of accident. In this situation, that company may also be held liable for the injuries that resulted.
Vehicle manufacturers and maintenance providers can be liable if a truck accident is caused by defective parts or improper maintenance. For instance, faulty brakes or tires can lead to catastrophic accidents, and proving this requires thorough investigation and expert testimony.
Truck accident claims involve investigations to determine the chain of liability. Victims or their families should consult experienced truck accident attorneys who can navigate these complexities and work to secure appropriate compensation for injuries and losses
Top Causes of Truck Accidents
Truck accidents can happen in any number of ways — just like car accidents. Because truck drivers operate commercial motor vehicles for a living, they may be more prone to making mistakes, as they are typically behind the wheel for far more hours than the average driver.
Both truckers and the companies that employ them are subject to a complex web of state and federal laws and regulations. These rules govern every aspect of their jobs, from how long drivers can be on the road without a break to the type of mud flaps that a tractor-trailer can have if the vehicle will cross state lines. While most trucking companies are conscientious about these rules, others cut corners to increase profits — putting public safety at risk.
Some of the most common causes of truck accidents include:
- Distracted driving
- Impaired driving
- Fatigue
- Speed
- Lack of experience
- Failure to obey traffic rules
- Poor judgment
Any of these reasons can lead to serious, or even fatal, truck accidents. In some cases, the accident is directly linked to a violation of federal or state laws that govern commercial vehicles.
For example, under federal law, drivers are limited by “Hours of Service” rules. These rules place a strict limit on the amount of time that truck drivers can be behind the wheel, based on the type of truck and what it is transporting. Once truck drivers have reached that limit, they are required by law to rest for a specified period of time.
Too often, trucking companies incentivize drivers in ways that encourage them to break hours of service rules. They may set targets that are impossible to meet unless a driver is on the road for longer than permitted, or provide financial rewards for getting from Point A to Point B in a shorter period of time. These types of systems not only lead to violations of hours of service rules, but may encourage truck drivers to speed or otherwise drive in ways that are unsafe.
Many of the most common causes of big rig accidents are similar to the causes of passenger vehicle collisions. The difference is that when a semi-truck is involved, the likelihood of severe or deadly injuries is that much higher. If a trucker drives under the influence, texts while driving, or speeds, the risk of seriously harming someone in a passenger vehicle is high given the difference in size between the two vehicles.
Whatever the cause of the accident may be, a skilled California truck accident lawyer can evaluate the case and investigate what occurred. From there, your attorney can make a strong case for you to recover the maximum amount of compensation possible under the law.
Types of Truck Accidents
Truck accidents can take various forms, each presenting unique dangers and legal complexities.
Each type of truck accident can result in serious or disabling injuries to victims. In severe crashes, collisions with a semi truck can be fatal.
Common Truck Accident Injuries
Truck accidents often result in severe and catastrophic injuries due to the size and weight of commercial trucks. Common injuries accident victims seek compensation for include:
Head and Brain Injuries
Head and brain injuries are common in truck accidents, ranging from concussions to traumatic brain injuries (TBI). These injuries can impact cognitive and motor functions, leading to long-term or permanent disabilities.
Spinal Cord Injuries
Spinal cord injuries can result in partial or complete paralysis. Such injuries drastically alter a victim’s quality of life and often require extensive medical care, rehabilitation, and long-term support.
Neck and Back Injuries
Neck and back injuries, including whiplash and herniated discs, are frequent in truck accidents. These injuries can cause chronic pain, mobility issues, and may require prolonged treatment and physical therapy.
Broken Bones and Fractures
The force involved in truck accidents often results in broken bones and fractures. Victims may suffer multiple fractures, particularly in the arms, legs, and ribs, necessitating surgery and long-term physical therapy.
Internal Injuries
Internal injuries, such as damage to organs, internal bleeding, and ruptured blood vessels, can be life-threatening. These injuries may not be immediately apparent, so prompt medical evaluation is crucial for proper diagnosis and treatment.
Lacerations and Burns
Lacerations and burns can result from contact with sharp objects, broken glass, or fire during a truck accident. These injuries can lead to scarring, disfigurement, and a high risk of infection, often requiring extensive medical treatment.
Each type of injury from a truck accident necessitates comprehensive medical treatment and may lead to substantial medical expenses, lost wages, and a profound impact on the victim’s quality of life.
What Types of Damages Are Available in a Truck Accident Claim?
There are three types of damages that you may recover in a truck accident lawsuit: economic, non-economic, and punitive damages. The first two are considered compensatory damages, as the goal is to compensate a person for losses that he or she has suffered. The third kind, punitive damages, are meant to punish a wrongdoer and deter others from engaging in similar conduct.
Economic damages include compensation for financial losses. It may cover things like medical expenses, lost wages, loss of earning capacity, the cost of remodeling a home to accommodate an injury, and loss of employment benefits.
Non-economic damages are meant to compensate a person for the intangible losses that he or she has suffered. It may include pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress.
In some cases, you may receive an award for punitive damages. Typically, this requires a showing that the at-fault driver or trucking company acted with something more than negligence, such as recklessness or intentional conduct. For example, if a truck driver was under the influence of drugs or alcohol at the time of the crash, he or she may be on the hook for punitive damages.
Filing a Truck Accident Claim
Like other personal injury lawsuits, truck accident settlements are reached through a claim or lawsuit. Filing a truck accident claim in California involves several steps:
- Seek Medical Attention: Prioritize your health by visiting a doctor or emergency room for injuries sustained. Even minor injuries should be evaluated to ensure they don’t worsen.
- Document the Accident: At the scene, take detailed photos of vehicle damage, your injuries, and the accident site. Collect witness statements and contact information. Obtain a copy of the police report if available.
- Notify Your Insurance Company: Report the accident to your insurance provider. Share all relevant documents, such as the police report, medical records, and photos from the scene.
- Consult a Personal Injury Attorney: Hire an attorney experienced in truck accident cases. He or she can guide you through the legal process, handle negotiations with insurance companies, and ensure you understand your rights.
- File a Claim: Your attorney will help you file a claim with the insurance companies involved, including the truck driver’s insurer.
- Keep Detailed Records: Maintain comprehensive records of all related expenses, including medical bills, vehicle repairs, and lost wages. These records will support your claim.
Frequently Asked Questions About California Truck Accident Cases
How Long Do I Have to Sue for a Truck Accident?
In California, you generally have two years from the date of the truck accident to file a lawsuit.. It’s crucial to act within this timeframe to preserve your right to seek compensation.
What If I’m Partly at-Fault for My Truck Accident?
In California, if you’re partly at fault for a truck accident, you can still recover damages under the comparative fault rule. Your compensation will be reduced by your percentage of fault. It’s important to gather evidence and consult an attorney to ensure a fair evaluation of your claim.
What Is My Truck Accident Case Worth?
The value of your truck accident case depends on medical expenses, lost wages, property damage, and pain and suffering. Other elements, such as the extent of your injuries and fault percentages, also influence the worth. Consulting an attorney can help assess the value of your case.
Injured in a Truck Accident? Reach Out Today.
There are few motor vehicle accidents that are more damaging than those involving commercial trucks. The risk for serious or even fatal injuries is shockingly high in these types of crashes. If you or your loved one has been hurt in a truck accident, our team of truck accident attorneys can help.
At Kuvara Law Firm, we have years of experience representing Californians who have been injured in all types of accidents — including those involving trucks. With offices in San Jose, San Rafael, San Francisco, Oakland, Redwood City, Vallejo, Fairfield, and Fremont, we advocate for clients throughout the Bay Area.
To learn more or to schedule a no-cost, no-obligation consultation, contact us today via email or call us at
1-800-446-5879.
At Kuvara Law Firm, Your Case Matters
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