San Bernardino Truck Accident Attorney
Motor vehicle accidents are a top-cited cause of accidental injuries and deaths throughout California each year, and truck accidents are some of the most devastating. Any truck accident has the potential to cause catastrophic or fatal injuries. Even when fault for such an incident seems clear, it can be incredibly difficult for the injured party to determine their best options for legal recourse or accurately assess the full scope of their damages.
Easton & Easton is a team of experienced San Bernardino, personal injury attorneys with an extensive professional record of successful cases. Our firm has built a strong reputation as a leading choice for personal injury representation in the San Bernardino area due to our client-focused approach to legal counsel. We take time to learn as much as possible about each client’s unique needs and concerns and develop a completely unique approach to every case we accept. No two clients face the same challenges, so there is no single legal strategy that will work for every truck accident case filed in California.
Our goal is to help you recover from your recent truck accident to the fullest extent possible under California law. When you are certain another party is responsible for your recent accident, you can rely on our team to help you determine the best approach to securing the compensation you legally deserve.
Common Causes of Truck Accidents in San Bernardino
Large commercial vehicles like delivery trucks and tractor-trailers are capable of causing incredibly damaging accidents. Additionally, these cases are often more challenging to resolve than most other vehicle accident cases due to the fact that vicarious liability can come into play, implicating a truck driver along with their employer. In the event that a trucking company or other employer fails to meet applicable regulations or other professional responsibilities in handling the truck driver, vicarious liability would implicate the employer as sharing liability or the resulting damages.
Truck accidents happen for many of the same reasons that all other vehicle accidents happen in California. Distracted driving, moving violations, and speeding are a few examples of the most common forms of negligence that result in serious accidents. It’s also possible for driving under the influence (DUI) and reckless driving to cause a truck accident, and the at-fault driver is likely to face criminal prosecution for such behavior. Along with the standard causes of vehicle accidents, trucks are also vulnerable to additional risk factors.
Improperly loaded cargo is extremely dangerous for large trucks, especially tractor-trailers that stand taller off of the ground and have higher centers of gravity than other vehicles. If the trailer is not balanced and/or cargo is not secured correctly, the truck driver could lose control over the truck around a sharp turn, or the trailer could swing out to one side and cause a jackknife accident. Large commercial trucks are also driven every day for long stretches, meaning they have more demanding maintenance requirements than most other vehicles. Incomplete or improperly performed maintenance can easily cause a devastating truck accident.
Proving Liability for Your Truck Accident Injury
The first step in securing the compensation you need after a truck accident is establishing fault. California’s fault rule requires you to prove who is responsible for the accident before you can file an auto insurance claim against them, and proving liability will also be essential if you must pursue a personal injury case against them. While it’s possible to resolve some vehicle accidents solely through insurance, any serious vehicle accident could lead to damages that exceed the scope of available insurance coverage. The victim will have no choice but to file a personal injury claim to secure full compensation for their losses.
When an accident is caused by negligence, the injured driver must identify the responsible driver(s). The injured driver must also prove a duty of care was violated in the situation in question and directly caused their claimed damages. It’s important to remember that it is possible for a plaintiff to bear partial liability for a personal injury, in which case California’s pure comparative negligence statute applies. This law allows them to still recover their damages from the defendant, but they lose a percentage of their case award equal to their percentage of fault for causing the accident in question.
It is relatively common for defendants accused of causing motor vehicle accidents to assert comparative fault as a means of deflecting liability for the damages they cause to others. In the event you are accused of being partially responsible for your accident, your San Bernardino truck accident attorney is the best asset you can have to help you diminish your fault percentage as much as possible. There is no threshold of partial liability that would disqualify you from securing compensation, but the greater your fault percentage, the more of your case award you will lose.
Damages and Compensation in a Truck Accident Claim
Any motor vehicle accident has the potential to cause life-changing damages to the victim, and insurance alone is unlikely to cover the total cost of the losses you incurred from your recent accident. Once you have proven fault for the accident and secured as much compensation as possible from the at-fault driver’s insurance, any outstanding losses you have yet to recover must be claimed in a personal injury suit.
California law is relatively flexible when it comes to the scope of damages an injured plaintiff can seek from the defendant who caused their truck accident. Economic damages are usually straightforward and proven with the appropriate records. Your claimable economic damages are likely to include the following:
- Medical expenses. Any vehicle accident can cause devastating injuries, but this risk is far greater with truck accidents. The defendant who caused your truck accident is liable for any and all the medical care you require to heal completely. This would include ongoing medical care expenses if you suffered severe injuries that demand extensive treatment and rehabilitation.
- Lost income. Many vehicle accident victims are unable to work for extended periods due to the severity of their injuries. If this applies to your situation, you can seek full repayment of your lost wages through your personal injury claim. Similar to medical expenses, you have the right to seek compensation for the future income you can no longer earn if you are left permanently disabled by your accident.
- Property damage. You can potentially recover your vehicle repair costs through an insurance claim, but if the at-fault driver’s insurance cannot completely cover this aspect of your damages, you can pursue compensation for the remainder through your personal injury claim. You can also seek compensation for other personal property lost in the accident.
When you have the right San Bernardino truck accident attorney representing you, it’s possible to secure far more compensation for your damages than you might expect. The average person is likely able to calculate immediately noticeable damages like lost wages after the accident and the cost of their medical treatment, but they are likely to struggle when it comes to proving the full scope of their long-term economic damages from the incident.
Pain and Suffering in California Personal Injury Claims
A successful auto insurance claim can potentially yield valuable initial compensation for the economic losses you suffered in the truck accident you recently experienced, but your recovery does not end with just your financial losses. You also have the right to seek compensation for pain and suffering, and California law does not limit noneconomic damages in truck accident claims. There is no cap on the amount of pain and suffering compensation you can include in your personal injury claim, and your San Bernardino truck accident attorney will assist you in determining a suitable figure to seek from the defendant you injured you.
Many truck accidents cause painful and catastrophic injuries. Victims endure not only the initial pain of their injuries but also difficult recoveries marred by disruptive symptoms. A serious vehicle accident can also be highly traumatic, and the victim could experience a host of psychological effects from the event. When you choose Easton & Easton to represent you in a truck accident claim, we will seek to maximize the pain and suffering compensation you obtain from the defendant who caused the accident. If you suffered any level of permanent damage in the accident, your pain and suffering compensation is likely to be the largest portion of your total case award.
Easton & Easton have the experience and professional resources necessary to help the victim of a truck accident secure maximum compensation for their losses. We understand the aftermath of any personal injury can be very difficult to navigate, and the stress and uncertainty of this type of situation can compel some victims to accept lowball insurance settlements out of desperation. Do not risk your recovery by trying to handle everything on your own, and reach out to legal representation you can trust if you want to maximize the compensation you obtain from the party responsible for your damages.
Truck Accident Lawyer FAQs:
Q: Can My Insurance Rates Increase After a Truck Accident in California?
A: Auto insurance companies sometimes increase their policyholders’ premium rates in response to their misconduct. If you are found partially at fault for your recent truck accident, it is possible to face a rate increase to reflect the severity of your actions. If you did not cause your accident but failed to report it in time to your insurance carrier, this may also lead to a rate increase or even loss of coverage.
Q: What Is the Total Value of My Truck Accident Claim in San Bernardino?
A: The total amount of compensation you can seek from the driver who caused your recent accident hinges on the severity of the harm they have done to you. State law permits you to seek full repayment of all the economic losses you suffered, both immediate and long-term, and your attorney will be invaluable for accurately calculating this aspect of your claim. You may be surprised to discover you are legally allowed to claim far more than you originally expected if you have the right attorney handling your case.
Q: How Long Will It Take to Recover My Damages From a Truck Accident?
A: Some truck accident claims can be resolved relatively quickly when the fault is clear and the victim has experienced legal counsel representing them. Others are more complex and may require litigation. For example, the plaintiff may face a very long series of legal proceedings before they can secure any type of compensation for their losses. The time it takes to settle can be extended if the defendant contests fault for the accident or decides to dispute the range of damages sought by the plaintiff.
Q: Do I Really Need to Hire a San Bernardino Truck Accident Attorney?
A: There is no law that requires you to hire legal counsel for a truck accident claim in San Bernardino but having an attorney you can trust on your side will make it much easier for you to approach your recovery efforts with peace of mind and confidence. When you choose Easton & Easton to handle your claim, our goal is to secure maximum compensation for your damages as swiftly as possible.
Q: How Much Does It Cost to Hire a San Bernardino Truck Accident Lawyer?
A: Easton & Easton accepts personal injury clients on a contingency basis, meaning that you will not pay any upfront or ongoing legal fees when you hire our firm to represent you. Our fee is a percentage of your final case award, and you only pay once we win your case. If for any reason, we are unable to secure a settlement on your behalf, you owe us nothing, so there is no financial risk to you by hiring our firm to represent your truck accident claim.
Truck accident claims tend to be some of California’s most complex vehicle accident cases. The average person is unlikely to be able to manage the difficult legal mechanisms that often arise in these cases while simultaneously managing their medical needs. Do not try to manage all of these issues alone; instead, contact Easton & Easton to schedule a consultation with a San Bernardino truck accident attorney you can trust to guide you to a positive resolution to your claim. Easton & Easton is ready to provide the responsive and meticulous legal counsel you need to approach the recovery process with confidence and peace of mind.