Fresno Truck Accident Attorney

SKILLED TRUCK ACCIDENT LAWYERS SERVING FRESNO, CA

The trucking industry is a vital one to our economy, with freight traveling thousands of miles across Fresno, our state, and our country each day. But the trucking industry has been plagued by safety issues and devastating accidents. This has caused it to be one of the most highly-regulated industries in the nation in terms of safety.

What happens when, despite federal regulations, you have an industry that still imposes unreasonable schedules on companies and drivers moving those goods? With time equaling profit margins, it can lead to drivers working overtime, driving while fatigued or impaired, or ignoring needed maintenance on their rigs. The results are devastating accidents, injuries, and deaths.

Getting the Help of an Experienced Fresno Truck Accident Attorney

At Roberts and Spiegel Injury Lawyers, we have dedicated our careers to the victims of accidents and their families. Trucking accidents are particularly complicated, and individuals who have been injured in one should never try to navigate these complex settlements on their own. If you or a family member has been injured in a truck accident, trust our Fresno personal injury attorneys to fight for your legal rights to compensation for your injuries.

What a Fresno Truck Accident Lawyer Can Do For You

Being involved in a truck accident in Fresno can lead to severe consequences due to the size and weight of these vehicles. Here's how skilled Fresno truck accident lawyer could support your recovery:

Investigate

An attorney will meticulously investigate the accident by obtaining police and accident reports as well as reaching out to eyewitnesses to get their side of the story. They will also consult with experts to build a strong case on your behalf.

Determine Liability

Determining liability after a truck accident can be more complex than in regular car accidents because of the severity of the accident and the number of potential parties involved. Your lawyer will identify who is liable, which could include the driver, the trucking company, a truck or parts manufacturer, or even a company responsible for loading the truck.

Negotiate With Insurance Companies

Truck accident insurance claims are often challenging to negotiate, as the stakes tend to be higher and companies more resistant to pay out appropriate amounts. Having a skilled lawyer on your side can mean the difference between a settlement that barely covers medical bills or one that fully supports all recovery costs.

If you're dealing with a truck accident in Fresno, getting proper legal assistance is essential.

How Do Truck Accidents Differ From Passenger Vehicle Accidents?

Truck accidents are extremely complicated for many different reasons and differ dramatically from car accidents. Consequently, investigating truck accidents can be technical and highly nuanced.

Liability in Truck Accidents in Fresno

One difference between car and truck accidents is the multiple parties that can be held liable in a truck accident. These can include the following:

Truck Driver Liability 

The most common party liable for a truck accident is the truck driver. The driver’s negligence — which can include anything from distracted driving to driving under the influence — must be proven before they can be found at fault for your crash. 

Trucking Company Liability 

The trucking company itself may also face liability in a truck accident case. The company’s responsibility comes into play due to their duty to maintain safe workplace conditions and follow federal laws and regulations pertaining to safety, such as hiring qualified drivers and properly inspecting vehicles before allowing them onto the road. 

If any of these duties were neglected or performed negligently by the company prior to an accident, then they may also share some responsibility for damages from the accident.

Manufacturer

A manufacturer of trucks or truck components can be held liable for a truck accident if it is found that a defect in the design or manufacturing of the truck or component caused or contributed to the accident. This is known as product liability.

An example of a defect in the design of a truck would be a brake system that is prone to failure, leading to a truck accident. In this case, the manufacturer could be held liable if they knew or should have known about the defect and failed to address it.

Loading Company

A company responsible for loading a truck can be held liable for an accident if it is found that their negligence in loading the truck caused or contributed to the accident.

To establish liability, it must be shown that the company had a duty to load the truck safely and properly, that this duty was breached, and that the breach caused the accident and resulting injuries.

Examples of ways in which a company may be negligent in loading a truck include:

• Overloading the truck, which can cause the truck to be unstable on the road and more prone to accidents.
• Failing to properly secure the load, which can cause the load to shift or fall off the truck during transit, leading to an accident.
• Failing to properly distribute the weight of the load, which can also cause the truck to be unstable on the road.

If a company is found to be negligent in loading a truck and this negligence caused an accident, they can be held liable for the resulting damages, including property damage, medical expenses, lost income, and pain and suffering.

Sometimes, liability can overlap, each liable party with their own insurance company pointing blame at each other in order not to pay the claim.

Proving Liability in a Fresno Truck Accident

Establishing liability is a crucial aspect of a Fresno truck accident case. Correctly identifying the at-fault parties is essential to receiving the compensation you are entitled to. Evidence needed to make this determination usually includes:

• The truck driver's logbook, which can reveal if hours-of-service regulations were violated.
• Maintenance records for the vehicle, which might show neglected service procedures affecting safety on the roads.
• Event data recorders (like black boxes) can detail vehicle speed and behavior around the time of the accident. 
• Cargo loading records that might indicate improper or unsecured loads contributing to the accident.
• Truck driver qualifications, drug and alcohol testing results, and employment history can help evaluate if there may have been negligence in hiring practices or insufficient training protocols.
• Eyewitness accounts can help reconstruct how the accident unfolded from varying perspectives and determine who was responsible. 

Overall, a Fresno truck accident lawyer will gather all available evidence to try to make this determination.

What Caused the Accident?

Trucking companies and drivers are federally regulated to ensure optimum safety with things like hours-of-service limitations and other measures to cut down on dangerous truck accidents. Unfortunately, many truck accidents come down to human error.

• Driver fatigue -- Despite hours-of-service mandates, time is money, and some drivers ignore these regulations and even go so far as fudging logged hours.
• Driver impairment -- Alcohol and drug use are common factors in truck accidents around the country, despite regulations for random drug testing in the industry.
• Driver distraction -- Driving a large rig for hours at a time can cause boredom. Drivers may then depend on distractions which takes their eyes and concentration off the road.
• Speeding and overtaking -- Unreasonable scheduling often creates situations where drivers feel the need to make up for lost time by speeding and not maintaining the proper distance between vehicles.
• Inadequate training -- Drivers who haven’t been adequately trained to drive a 40-ton vehicle are not ready for some scenarios they find themselves in.
• Improper maintenance -- Operating on tight budgets and timelines may cause drivers to forego needed maintenance of their rigs.
• Improper loading -- A truck with cargo that has not been properly loaded or secured can be thrown off-balance, causing a devastating accident.

In many cases, it is up to the Fresno truck accident attorney to do an extensive investigation to determine the cause of the accident in order to prove legal liability.

Damages Are More Serious in Trucking Accidents

Because of the size and weight disparity between a semi-truck and a passenger vehicle, the damages caused by a truck accident can be far more serious and extensive. This can result in

• More severe and life-altering injuries
• More significant medical costs to the injured party
• Greater property damages
• Increased chances of fatalities and wrongful death

Trucking insurance companies understand the financial implications of these kinds of injury settlements and often make it as difficult as possible for an injured party to get fairly compensated. A Fresno truck accident lawyer will negotiate on your behalf to ensure that you get the compensation you deserve from the insurance company. If not, your lawyer will take the matter to court.

Types of Damages You Can Receive in a Truck Accident Claim 

If you’ve been involved in a truck accident, chances are you’re looking for some financial relief. While the amount of compensation varies on a case-by-case basis, the following explains the most common types of damages: 

Economic Damages 

Economic damages are designed to compensate victims for their losses following an accident. This type of award is based on the actual cost incurred by the victim due to the accident—things like medical bills, lost wages, loss or destruction of property, and any other losses you incurred as a result of the accident. 

Non-Economic Damages 

Non-economic damages refer to intangible losses suffered by victims as a result of their accident that don’t have an objective monetary value attached. These can include things like physical pain and suffering, mental anguish, scarring or disfigurement from injuries sustained in the accident, loss of consortium (loss of companionship), and loss of enjoyment of life.

Calculating non-economic damages typically requires expert testimony from medical professionals who specialize in evaluating these intangible losses.  

Punitive Damages 

Punitive damages exist to punish wrongdoers whose actions were particularly reprehensible or egregious—something that goes beyond simple negligence and reveals willful behavior on behalf of the defendant. 

In California, punitive damages are only awarded if you can show that the defendant acted with an evil hand and an evil mind. An example where punitive damages may be awarded is a severe drunk driving accident.

Statute of Limitations for Filing a Truck Accident Claim

In truck accident cases in California, you typically must file your accident lawsuit within two years of the date the accident occurred – known as the statute of limitations. However, there are several notable exceptions to this rule. For example, if the liable party is a government entity, different timelines and notice requirements may apply due to governmental immunity and tort claims processes. There is a reduced deadline in this instance - usually within 6 months.

Additionally, if minors are involved in an accident, they generally have more extended periods before the statute of limitations runs out - the clock usually won't start running until they turn 18.

Another common exception is known as the delayed discovery rule. The delayed discovery rule adjusts the standard statute of limitations when injuries from an accident are not immediately apparent. Under this rule, the clock on the statute of limitations may start ticking only when you actually discover - or should have reasonably discovered - your injury.

If you miss the statutory deadline, you won't be able to recover any compensation for your injuries. Therefore, it's essential to take quick action as soon as you're involved in an accident. Always reach out to a lawyer as soon as possible to determine the deadline and ensure you don't miss your chance.

Getting the Legal Guidance of a Fresno Truck Accident Attorney

Proving liability in any motor vehicle accident can be complicated, but particularly in cases of trucking accidents. If you have been injured in a truck accident, the experienced Fresno truck accident lawyers at Roberts and Spiegel Injury Lawyers are here to help. Contact us for a complimentary consultation if you or a loved one has been injured in a truck accident in Fresno, Santa Maria, San Luis Obispo, or surrounding communities.