Semi trucks are an indispensable part of our economy, facilitating the transport of goods across the nation and enabling countless industries to thrive. However, this necessity comes with an inherent risk.

When the unavoidable occurs, and you or a loved one is impacted by a semi-truck accident, navigating the complex legal landscape can be overwhelming. Hillstone Law’s San Diego semi truck accident attorneys are prepared to offer the dedicated and knowledgeable advocacy you need.

As the number of semi-trucks on our roads increases, so does the potential for catastrophic accidents. Given their immense size and weight, collisions involving these vehicles often result in severe injuries, extensive property damage, and tragically, fatalities, far exceeding the impact of typical car accidents.

Our team understands the intricate regulations governing the trucking industry and is committed to fighting for the full compensation you deserve, ensuring your rights are protected against powerful insurance companies and trucking firms.

Do I Need a San Diego Semi Truck Accident Attorney for My Case?

While hiring a San Diego semi truck accident attorney isn’t legally required to file a claim, it is often a practical necessity. Insurance companies tend to heavily defend against large claims, and semi-truck accidents often involve severe injuries and significant damages.

Here’s why you might need a lawyer:

• Severe Injuries and Significant Damages: Semi-truck accidents often result in catastrophic injuries and substantial property damage due to the sheer size and weight of the vehicles involved. This leads to much larger claims compared to typical car accidents.
• Aggressive Insurance Company Defense: Insurance companies are in the business of minimizing payouts. When faced with large claims, they will often deploy significant resources to defend against them, making it challenging for an unrepresented individual to secure fair compensation.
• Complex Legal and Regulatory Landscape: The trucking industry is heavily regulated by state and federal laws. An experienced attorney understands these intricate regulations and can identify all potentially liable parties, which could include the truck driver, trucking company, vehicle manufacturer, or even cargo loaders.
• Evidence Collection and Preservation: Critical evidence, such as black box data, driver logs, maintenance records, and witness statements, can be crucial to your case. An attorney can swiftly work to preserve and gather this evidence before it is lost or destroyed.
• Negotiating With Insurance Companies: Dealing with adjusters and their legal teams can be daunting. An attorney will handle all communications and negotiations, ensuring you are not pressured into accepting a lowball settlement offer that doesn’t adequately cover your damages.
• Litigation Readiness: If a fair settlement cannot be reached through negotiation, an attorney is prepared to take your case to court, presenting a strong argument on your behalf and fighting for the compensation you deserve.

Of course, it bears mentioning that not every case needs a lawyer. For instance, insurance companies are not likely to contest smaller claims with only minor injuries far below your policy’s limits.

A consultation with a lawyer will help you determine whether or not acquiring legal services is the right course of action for you.

Liability in San Diego Semi Truck Accidents

Understanding liability in semi-truck accidents is critical because it directly impacts who is held responsible for damages and, consequently, from whom you can seek compensation. Due to the severe nature of injuries and significant costs often involved, accurately identifying all liable parties, which could include the truck driver, trucking company, vehicle manufacturer, or cargo loader, is essential for securing the full compensation you deserve.

Without a clear understanding of liability, it can be challenging to navigate the legal process and successfully pursue a claim.

Who Can Be Liable in a San Diego Semi Truck Accident Case?

Identifying all liable parties in a semi-truck accident is crucial for securing comprehensive compensation, given the complex nature of these cases. Unlike typical car accidents, where fault often lies with one driver, multiple entities can be held responsible in a truck accident.

• Truck Driver: The most obvious party, a truck driver can be held liable for negligence such as distracted driving, fatigued driving, speeding, driving under the influence, or violating traffic laws.
• Trucking Company: The company employing the driver can be held liable for their driver’s actions, especially if they are found to have engaged in negligent hiring practices, failed to properly train drivers, encouraged drivers to violate hours-of-service regulations, or neglected vehicle maintenance.
• Vehicle Manufacturer or Parts Manufacturer: If the accident was caused by a defective truck part (e.g., faulty brakes, tires, or steering components), the manufacturer of that part or the truck itself could be held responsible through product liability laws.
• Cargo Loader: Improperly loaded or secured cargo can shift during transit, leading to a loss of control and an accident. In such cases, the company or individuals responsible for loading the cargo may be held liable.
• Maintenance Companies: If a third-party company was responsible for maintaining the truck and their negligence led to a mechanical failure that caused the accident, they could be held liable.
• Other Drivers: In some multi-vehicle accidents, another driver’s negligence might have contributed to the semi-truck accident, making them partially liable.

California’s Pure Comparative Negligence Rule

California operates under a “pure comparative negligence” rule, which means that an injured party can still recover damages even if they are found to be partially at fault for an accident. In such cases, the compensation they receive will be reduced by the percentage of their own fault.

For example, if you are awarded $100,000 in damages but are found to be 20% at fault for the accident, you would receive $80,000. This rule allows individuals to seek compensation even if they share some responsibility, but it underscores the importance of accurately determining fault to ensure a fair outcome.

What to Do After a Semi Truck Accident

After a semi-truck accident, your actions in the immediate aftermath can significantly impact your health, safety, and potential legal claim. It’s important to remain calm and follow these steps:

• Ensure Your Safety: If possible, move your vehicle to the side of the road or a safe location away from traffic. If you cannot move your vehicle, turn on your hazard lights.
• Check for Injuries: Assess yourself and any passengers for injuries. Even if you feel fine, some injuries may not be immediately apparent.
• Call 911: Contact emergency services immediately. Report the accident to the police and request medical assistance if anyone is injured. A police report will be a crucial piece of evidence for your claim.
• Exchange Information: Get the truck driver’s name, contact information, insurance details, and the trucking company’s name. Also, collect contact information from any witnesses. Do not discuss fault or apologize to anyone involved in the accident.
• Document the Scene: If it’s safe to do so, take photos and videos of the accident scene. Capture images of vehicle damage, road conditions, traffic signs, skid marks, and anything else that might be relevant.
• Contact a San Diego Semi Truck Accident Attorney: Due to the complexity of semi-truck accident cases, it is highly recommended to contact an experienced attorney as soon as possible. They can help you understand your rights, gather evidence, deal with insurance companies, and build a strong case for compensation.

What Is the Statute of Limitations for a Semi Truck Accident in California?

In California, the statute of limitations for personal injury claims, including those resulting from semi-truck accidents, generally allows for two years from the date of the accident to file a lawsuit. If the claim involves damage to property, the statute of limitations is three years.

However, there are exceptions to these general rules.

For instance, if the injured party is a minor, the two-year period may not begin until they turn 18. Additionally, if a government entity is involved, a much shorter time frame (often six months) typically applies for filing a claim.

It is crucial to consult with an experienced attorney to understand how these statutes apply to your specific case, as missing the deadline can result in the loss of your right to pursue compensation.

Work With the Right San Diego Semi Truck Accident Law Firm: Hillstone Law

If you or a loved one has been involved in a semi-truck accident, don’t face the powerful insurance companies alone. The complexities of these cases demand experienced legal representation from a San Diego personal injury lawyer to ensure your rights are protected and you receive the full compensation you deserve.

Call Hillstone Law Accident & Injury Attorneys. Reach out to our San Diego truck accident lawyers today at (855) 691-1691 to discuss your options and understand how to navigate this challenging time.

Acting swiftly is crucial due to strict statutes of limitations and the need to preserve vital evidence. Hillstone Law is prepared to offer the dedicated and knowledgeable advocacy you need to pursue justice.

San Diego Semi Truck Accident FAQ

How is a semi-truck accident case different from a car accident case?

Semi-truck accident cases are typically more complex than car accident cases due to several factors:

• Severity of Injuries: Semi-trucks are much larger and heavier, leading to more severe injuries and higher damages.
• Multiple Liable Parties: Unlike car accidents where fault often lies with one driver, multiple entities can be held responsible in truck accidents, including the truck driver, trucking company, vehicle manufacturer, or cargo loader.
• Complex Regulations: The trucking industry is heavily regulated by federal and state laws, adding layers of complexity to legal claims.
• Aggressive Defense: Insurance companies and trucking companies have significant resources to defend against large claims, making it harder for unrepresented individuals to secure fair compensation.

What types of damages can I recover in a semi-truck accident claim?

You may be able to recover various types of damages, including:

• Medical Expenses: Past and future medical bills, including hospital stays, surgeries, rehabilitation, and medication. This includes long-term care, specialized treatments, and medical equipment.
• Lost Wages: Income lost due to time off work, as well as future earning capacity if your injuries prevent you from returning to your previous job.
• Pain and Suffering: The most common form of non-economic damage. This is compensation for physical pain, emotional distress, and reduced quality of life caused by the accident.
• Property Damage: Costs to repair or replace your vehicle and any other damaged property. Of note, the value of any digital property on damaged devices can be included in property damage.
• Punitive Damages: In rare cases, if the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the at-fault party and deter similar behavior. Punitive damages are typically awarded only if a case reaches a trial.

How long does a semi-truck accident case take to resolve?

The duration of a semi-truck accident case can vary significantly depending on several factors, including the complexity of the case, whether it settles or proceeds to court, the cooperation of the insurance company, and the court backlog.

While some cases may settle in a few months, others can take a year or more to reach a resolution, especially if they involve complex legal battles.

What is the role of the Federal Motor Carrier Safety Administration (FMCSA) in semi-truck accident cases?

The FMCSA is a federal agency that regulates the trucking industry to ensure safety. Their regulations cover various aspects, including driver hours of service, vehicle maintenance, and hazardous materials transport.

Violations of FMCSA regulations by a truck driver or trucking company can be strong evidence of negligence in an accident case, helping to establish liability and support your claim for damages.

How much does a San Diego semi-truck accident lawyer cost?

Most personal injury attorneys, including those specializing in semi-truck accidents, work on a contingency fee basis. This means you do not pay any upfront fees, and the attorney’s payment is a percentage of the compensation you receive if your case is successful.

If your case does not result in a settlement or verdict, you generally owe no attorney fees. This arrangement allows individuals to pursue legal action without an immediate financial burden.