When large commercial trucks travel at high speeds on interstates and expressways, the slightest driving error can result in disaster. If you were injured in a truck collision, you’re probably in a great deal of pain and unsure how you’ll cover all your medical bills. An experienced truck accident lawyer in San Diego can help you recover.
Omega Law Group Accident & Injury Attorneys has recovered millions of dollars for accident victims like yourself, giving them access to life-changing financial support.
A personal injury lawyer in San Diego from our team will work hard to get the damages you need to pay your bills, cope with your pain and suffering, and move forward.
The Benefits of Hiring a San Diego Truck Accident Attorney
The aftermath of a truck crash can be incredibly confusing and difficult to handle. Between trucking companies trying to delegitimize your claim and insurers denying you the settlement you’re owed, you might feel like no one is on your side. Luckily, our legal team is here for you.
Our personal injury lawyers will stand by your side throughout your entire case, even if we have to take matters to the courtroom. We’ll handle every aspect of your legal claim, from the initial investigation to final settlement negotiations.
Here’s what our truck accident attorneys in San Diego can do to give you the best chance at a successful outcome:
- Thoroughly investigate the accident scene and interview eyewitnesses.
- Analyze evidence and determine who should be held liable.
- Work with medical professionals to calculate compensation for medical bills.
- Assess how your truck accident injuries will impact other parts of your life.
- Build a strong insurance claim on your behalf.
- Handle settlement negotiations with the insurance company.
- File the necessary paperwork and legal documents correctly.
- Represent you during court proceedings.
- Advise you on your legal rights and options.
- Maintain regular communication to provide updates and guidance.
- Fight for the compensation you need to get back on your feet.
Having a dedicated accident attorney to help with your claim or civil suit makes a world of difference after a truck crash. Hiring legal counsel can dramatically increase your chances of receiving a fair outcome, so don’t hesitate to reach out to a skilled injury attorney and get started on your case.
Compensation Available to Truck Accident Victims
We take a client-focused approach to every case we work on, which includes giving clients the time and personal attention they deserve. We’ll work closely with you to identify all the losses and challenges you’ve been burdened with due to the crash. Doing so will help us figure out which damages you’re owed and what your overall settlement value should amount to.
Once our San Diego truck accident attorneys have calculated the value of your claim, we’ll pursue the following damages on your behalf:
- Medical expenses
- Prescription medication costs
- Ambulance transportation costs
- Vehicle repair costs
- Lost wages
- Decreased earning ability
- Physical and emotional pain
- Loss of enjoyment of life
- Punitive damages, if warranted
As experienced San Diego catastrophic injury lawyers, we understand the long-term effects a truck crash can have on your life and that of your family. Omega Law Group will use all available evidence to prove that your life has changed so that we can get you the compensation you need.
Our Truck Accident Attorneys in San Diego Will Identify the Liable Party
Several parties may be held responsible for the injuries, pain, and financial losses you’ve suffered due to your truck crash. It’s our job to investigate and determine liability in your commercial truck accident case.
Depending on the evidence we find, we may file a claim against any of the following entities:
- The trucking company: If the company encourages unsafe practices, it may be found negligent. Additionally, these businesses are often held vicariously liable for the actions of their employees during work.
- The truck driver: The truck driver may be directly responsible if their actions caused the accident. Common examples include distracted driving, speeding, driving under the influence, or violating federal hours-of-service rules.
- A truck maintenance provider: Sometimes, a third-party company is responsible for inspecting, servicing, or repairing commercial trucks. If it failed to identify or fix a mechanical issue (such as faulty brakes, worn tires, or broken lights) and that failure contributed to the crash, the business could be held accountable.
- A cargo loading company: If a separate company loaded the truck, it might be liable if improper loading contributed to the accident. This can include overloading, unbalanced cargo, or failure to secure the load properly. An uneven or shifting load can make the truck harder to control or even cause it to overturn.
- A truck parts manufacturer: If a defective part (such as brakes, tires, or steering components) caused or worsened the accident, the manufacturer of that part may be held liable under product liability laws. This applies when a part was poorly designed, improperly manufactured, or failed despite proper use and maintenance.
- Another driver: Sometimes, another vehicle on the road causes the accident, even if the truck was not at fault. For example, a car might cut off a truck or suddenly stop, causing the truck to crash while trying to avoid a collision. In these cases, the driver of the other vehicle may share or carry full responsibility.
Many of the truck accident claims we handle are filed against the trucking company. When a trucking company hires a driver, it takes on a great deal of responsibility and must refrain from overworking its driver.
That said, there are always situations where the driver or another party may be at fault. Working with our experienced San Diego truck accident lawyers can ensure your claim is filed against the correct party, increasing your chances of receiving a fair insurance settlement or court verdict.
Proving Negligence for a Trucking Accident in San Diego
Negligence in a truck accident means the driver, trucking company, or another party failed to act with reasonable care, and that failure caused the crash. If their careless behavior led to your injuries, they may be held legally responsible.
To prove negligence, our truck accident lawyers in San Diego will focus on these main elements:
- Duty of care: The truck driver or trucking company had a legal responsibility to operate the vehicle safely and follow all traffic and safety laws.
- Breach of duty: We must show that they failed to meet this responsibility, such as by speeding, skipping required rest breaks, or failing to maintain the truck.
- Causation: There must be a clear connection between the breach of duty and the accident. We will show how their actions directly caused the crash and your injuries.
- Damages: We will prove that you suffered real losses (like medical bills, lost wages, or pain and suffering) because of the crash. These damages form the basis for your compensation claim.
During the investigation, we gather key evidence like the police report, photos of the scene, and witness statements. We also examine the truck’s maintenance records, the driver’s logs, and any available video footage. Omega Law Group looks for violations of federal trucking laws, such as driving too long without rest or carrying too much cargo.
When needed, we work with accident reconstruction or trucking safety experts to pinpoint exactly what went wrong. Our goal is to build a strong, fact-based case that supports your right to full compensation.
California has a Statute of Limitations for Personal Injury Lawsuits
Unfortunately, you don’t have an unlimited amount of time to file a legal claim after a truck accident. In fact, Cal. Civ. Code § 335.1 gives you only two years to file a civil suit in most cases. If you miss this deadline, you won’t be able to obtain money from a court case.
To avoid missing the legal filing deadline, you’ll want to reach out to an attorney as soon as you can. If you hire our experienced San Diego truck accident attorneys soon after your crash, we can more easily construct a strong case.
This will also allow us to file your truck accident lawsuit within California’s filing timeframe.
How State and Federal Trucking Regulations Impact Your Case
Trucking companies and drivers must follow strict rules set by both California state law and federal regulations from the Federal Motor Carrier Safety Administration (FMCSA). These laws are designed to keep roads safe and prevent serious accidents.
In your truck accident case, these regulations can play a key role. For example, drivers must follow limits on how many hours they can drive without rest. Trucks must be properly maintained and regularly inspected.
Cargo must be loaded correctly to avoid shifting during transport. If a driver or company breaks these rules, it can be used as evidence of negligence.
Our experienced personal injury attorneys will examine whether any safety violations occurred and how they may have contributed to your crash. Proving that the regulation was ignored or violated will strengthen your case and help you recover compensation.
Common Causes of Truck Accidents in San Diego
As experienced truck accident lawyers in San Diego, we have seen the many ways negligence can cause devastation. We carefully investigate the accident scene and talk to witnesses and experts from different domains to determine what caused the crash.
Common causes of truck accidents in San Diego include:
- Driver fatigue: Truck drivers often work long hours. When they don’t get enough rest, their reaction time, focus, and decision-making suffer, leading to serious accidents.
- Speeding: Trucks take longer to stop than passenger cars. When drivers speed, they may not be able to brake in time to avoid a crash, especially in heavy traffic or on busy freeways.
- Distracted driving: Visual distractions are one of the most common distractions behind the wheel. Using a phone, GPS, or eating while driving can distract truck drivers. Even a few seconds of inattention can cause a major collision.
- Impaired driving: Driving under the influence of alcohol, drugs, or certain medications reduces a driver’s ability to operate the truck safely and increases the risk of an accident.
- Improper cargo loading: When cargo is overloaded or unevenly distributed, it can cause the truck to tip, jackknife, or lose control, especially during turns or sudden stops.
- Mechanical failures: Worn brakes, tire blowouts, or engine problems often result from poor maintenance. These issues can lead to accidents if not fixed promptly.
- Poor weather conditions: Rain, fog, or wind can make stopping or controlling a large truck harder. If the driver fails to adjust to these conditions, the chances of a crash increase.
- Aggressive driving or road rage: Sudden lane changes, tailgating, or cutting off other drivers can escalate quickly and lead to serious accidents involving trucks.
- Inexperienced or poorly trained drivers: Truck drivers must be properly trained to handle large vehicles safely. Lack of training can lead to mistakes in judgment, braking, or turning.
Determining what caused a truck accident identifies who is legally responsible for the crash and the resulting damages. Knowing the cause helps prove negligence, which is essential for recovering compensation.
Meet with an Experienced Truck Accident Lawyer in San Diego for Free
Recuperating from a crash involving a large commercial truck can be challenging. Dealing with medical appointments, pain from your injuries, and filing a legal claim can feel overwhelming.
Luckily, the team at Omega Law Group is here to offer the support and guidance you need to make it through this difficult time.
Contact us today to schedule a free consultation with a San Diego truck accident lawyer. We’ll meet with you to discuss your situation and advise you on your best course of action moving forward.
We look forward to hearing from you soon and fighting for the financial remedies you’re owed.