Riverside Truck Accident Lawyer

Big Rig/18-Wheeler Accidents in Riverside, CA

The devastation caused by an accident with a large truck is often quite significant. A commuter car is just no match for the massive size and weight of these big rigs. We have seen an increase of these 18-wheelers on the roadways in the past few decades and the number of trucker accidents has also risen. If you’ve been in an accident involving a large truck, it is important that you speak with a qualified and experienced Riverside truck accident lawyer right away.

Truck Accident Representation in Riverside, CA

The attorney team at Duque & Price has extensive experience handling accident and personal injury cases for clients in and around Riverside and the rest of the region. Our lawyers understand the complex laws that pertain to truck accident cases and are able to provide aggressive representation against drivers and the trucking companies for whom they work in order to secure the maximum available compensation for you in your case.

Our attorneys are committed to offering diligent representation through every stage of the legal process, including investigation, negotiations, trial preparation, and litigation, and we are not afraid to take a case to trial if necessary. Contact our team for a consultation to discuss the details of your accident, and let us tell you how much we believe your case is worth.

Have You Been Involved In an 18-Wheeler Truck Accident in Riverside?

An accident involving a commercial truck within Riverside is typically more complicated than a simple traffic accident. For one, there are more people involved, including both the driver and owner of the truck. Further, knowledge of the common reasons for trucking accidents, including restrictions regarding the truck, load, and the trailer, will all be helpful in determining the validity of your claim and presentation of your case.

What Do I Do Immediately Following an Accident?

Immediately following a truck accident, it is important that you follow a few necessary steps—and avoid making any key mistakes. Depending on your circumstances, you may not be able to do all of the following, but each step should otherwise be considered necessary:

• Call 911. The police should come to the scene of the accident as soon as possible. They will take note of details that could prove invaluable later, such as if the truck driver was driving under the influence or committing any other violation. Law enforcement officers will be able to file a police report of the accident, which will be necessary later when dealing with insurance carriers.
• Collect information. If you are able, you should gather the names and phone numbers of all witnesses to the accident, as well as the license plate, driver’s license, and insurance information of the truck driver.
• Take pictures. Make sure photos are taken of the location of the accident, the condition of both (or all) vehicles, and any other evidence that may be of later value to your case. Pictures provide concrete evidence that can protect you against challenges made in your case.
• Resist the temptation to discuss the accident. Anything you say can be used against you in your accident case, so make sure that you don’t discuss the accident with anyone at the scene, such as witnesses or the other driver. Don’t say anything that could constitute admitting fault to law enforcement.
• It is also important that you not post on social media following the accident, as the other party could use this as a means to minimize the impact the accident has had on you.
• Seek immediate medical attention. Depending on the severity of the accident, this may be the only step you are able to take. However, no matter how severe or how mild your injuries may seem, it is imperative that you seek medical attention following the accident.You should head to the emergency room afterward and let them know you’ve been in an accident and need to be checked. This is the most effective means to ensure that you catch any injury that has occurred, even if it hasn’t manifested yet.

Laws Pertaining to Truck Accidents in Riverside, CA

The trucking industry is controlled by federal regulations that establish a set of standards and can determine the responsible party in a given trucking accident. Title 49 of the Code of Federal Regulations contains most applicable regulations. Fortunately, by working with a firm like Duque & Price, you can put years of expertise in your corner to understand your rights under the law.

Who Is Responsible?

There is a large number of potential responsible parties in any truck accident. These include: the driver, the owner, whoever leased the truck from the owner, the manufacturer of the vehicle or any parts, shippers and loaders, etc.

Avoidance of Liability by Trucking Companies

In past years, trucking companies have tried to evade liability for accidents by distancing themselves from the drivers, equipment, and vehicles. They have the necessary permits to operate the vehicles, but they often do not own the equipment that is used to haul whatever is in the truck. They also hire drivers as independent contractors rather than employees. These practices enable them to shift the responsibility over to the people who owned the truck and who were driving them.

However, federal regulations have fortunately made it so that any company who owns a trucking permit is liable for any accident that involves a truck with its name or placard on the vehicle.

Accident victims historically had to rely on witness statements and police reports to understand the specifics of an accident. Now, data from high tech devices and information from government agencies are also available for greater understanding. This means that experienced attorneys will be familiar with knowing how to procure the proper evidence to hold all responsible parties accountable for the accident, no matter the cause.

Vicarious Liability

Most truck accidents eventually lead to truck company liability, however. California follows a standard of vicarious liability, meaning the trucking company will be liable for the negligence of its employees, which includes drivers who are independently contracted. When a driver’s actions are taken within the scope of their employment, the trucking company bears responsibility.

What Is the Statute of Limitations for Truck Accidents?

Accident victims in California typically have two years from the date of the accident to file a personal injury claim against the at-fault party. Cases filed outside of that timeframe will be automatically thrown out by the court. It is important that you begin working with a Riverside truck accident attorney as soon as possible to start building your case, making sure to file your claim within the appropriate timeline.

Common Causes of Truck Accidents in Riverside

The federal government regulates the trucking industry in order to ensure safety on the roads for both truck drivers and other motorists. These include regulations for both the drivers and the trucking companies. Failure to follow these regulations and other traffic laws can lead to accidents, which can result in severe injuries. The most frequent causes of truck accidents are driver error, mechanical failures, and cargo violations, as well as road design, weather conditions, and traffic signal failures.

Driver Error

This is by far the most common cause of trucking accidents; according to FMCSA, 88% of trucking accidents are caused by a driver’s action or failure to take action. Failing to exercise due care and attention on the road can constitute negligence. The most frequent way that this happens is through driver fatigue and sleep deprivation. Driver fatigue is a common issue resulting from drivers exceeding their regulated hours and service limits.

Mechanical Problems

The second biggest contributor to truck accidents is equipment and mechanical issues. These can be design errors in the vehicles, manufacturing mistakes, or some other issue that interferes with the truck running smoothly. The majority of mechanical causes of these accidents are a result of a failure to maintain the equipment properly. These can include the following:

• jackknifing of a truck which is caused by the depowering or removing of the front brakes
• failure of the brakes as a result of inadequate adjustments
• blowouts of the tires because of wear and tear
• truck rollover because of improper securing of the load distribution
• defective steering
• transmission failure
• incorrect trailer attachment
• defective lighting on the rears or sides of vehicles
• and many more

Cargo Violations

It is the responsibility of the truck driver to ensure that all cargo is properly loaded, secured, and labeled and that it adheres to regulated weight restrictions. Improperly secured loads can cause cargo to dislodge during travel, posing serious dangers for other drivers.

Overloading the truck can pose a strain on the vehicle’s brakes and suspension, making it more difficult to control the vehicle. Liquid cargo, if improperly stored and secured, could lead to road spills, endangering other drivers.

Other Causes

Sometimes, truck accidents are the result of other issues or complications, such as unmaintained streets, inadequate signage, or poorly designed detours. In these cases, you and your attorney may consider bringing legal action against a third party, such as the city or a construction company.

What Are Common Truck Accident Injuries?

Vehicle accidents often lead to injuries, but accidents involving large trucks can tend to be more devastating to those in smaller vehicles, resulting in injuries that are much more severe. Though it’s possible to come away from a truck accident with only mild cuts or bruising, it is far more likely you’ll experience one of the following:

• Traumatic brain injury
• Neck injury
• Back injury
• Spinal cord injury
• Burns
• Broken bones

In some cases, the accident or the resulting injuries could lead to death, resulting in a potential wrongful death case.

What Kind of Compensation Can I Recover for My Truck Accident Injuries?

When recovering damages from a truck accident, it is important that you keep careful records and copies of all documents and receipts, as they may prove essential in ensuring that your damages are covered by the settlement. This means holding onto copies of all medical records, repair receipts or estimates, and other information demonstrating the extent of your injuries and property loss.

While every accident case is unique, most truck accident claims will seek to recover some combination of the following types of damages:

• Medical bills. Victims of truck accidents are entitled to recover damages for medical expenses related to their accident-inflicted injuries. This includes emergency services, hospitalization, surgeries and other medical procedures, medication, and follow-up care, such as physical therapy, doctor visits, and assistive devices.
• Property damage. Accident claims should include compensation for vehicle repairs, towing fees, coverage for car rentals during repairs, or fair market value for your vehicle if it needs to be replaced due to being deemed a total loss.
• Lost income. Victims of truck accidents can recover lost wages resulting from time missed from work recovering from accident-related injuries. Injuries sustained in truck accidents are often more serious than other accident injuries and can take a significant amount of time to heal.
• The weeks, months, or years spent recovering can reduce or eliminate your ability to return to work, impacting your income. For injuries that lead to permanent disability, your compensation can also cover any loss of future earning capacity.
• Pain and suffering. Victims of truck accidents experience significant pain and distress on account of their injuries. Your settlement should recover compensation for the non-economic losses associated with the accident, such as physical pain, mental anguish, emotional distress, and loss of quality of life due to being unable to return to normal activities.
• Wrongful death benefits. When an accident or subsequent injuries lead to a victim’s death, the surviving family of the victim is entitled to recover damages in their place. The family should receive all benefits that the victim would have received had they survived, such as compensation for medical expenses, property damage, and lost wages, but they will also be able to recover damages for lost earnings and loss of consortium.Loss of consortium refers to the intangible loss caused by the death of a loved one, such as the loss of support, love, companionship, and intimacy provided by that loved one.

How Much Are Most Truck Accident Settlements?

Every truck accident case is different, and the final settlement amounts will vary based on the extent of your injuries, property damage, losses, and your percentage of fault. However, truck accidents usually have a lot in common.

Truck accident settlements tend to be much larger than nearly any other type of accident due to the greater capacity they have for inflicting damage and injury to victims. Generally, truck accident settlements total in the tens of thousands to hundreds of thousands of dollars as a result.

Getting Legal Help in Riverside, California

Truck accidents can be quite complicated because there are so many individuals involved. It can be quite difficult to navigate through the events and responsible parties without the help of someone who is knowledgeable and skilled with trucking law.

If you have been injured in a truck accident in the state of California, the Duque Law Group has the expertise and experience to be able to help you figure out who exactly is responsible so that you can proceed with a strong case and get the reparations that you deserve for your suffering. You will want a personal injury attorney to help you in your case after a truck accident, and the Duque Law Group is here to help you.

Contact our Riverside County Personal Injury Attorney at 1-877-590-0080 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.