When commercial truck accidents occur, navigating the aftermath can be incredibly complex, with victims often facing overwhelming medical bills, lost wages, and emotional distress. This is where a San Diego commercial truck accident lawyer from Hillstone Law Accident & Injury Attorneys becomes an invaluable ally.
We possess the experience to investigate the intricacies of truck accident cases, identify all responsible parties, and challenge the powerful legal teams of trucking companies and their insurers to ensure victims receive the full and fair compensation they deserve for their suffering and losses.
Commercial trucks are the backbone of our economy, transporting goods across the country daily. From the food we eat to the clothes we wear and the electronics we use, almost every product we interact with has spent time on a commercial truck.
This reliance means that while these vehicles are essential, their immense size and weight also pose significant risks on our roadways, leading to devastating accidents that can result in severe injuries and even fatalities. When that happens, Hillstone Law stands ready to serve.
When Should I Hire a San Diego Commercial Truck Accident Attorney?
The best time to hire a San Diego commercial truck accident attorney is as soon as possible after the accident. Early legal involvement can significantly benefit your case for several reasons:
Preservation of Evidence
Engaging legal counsel early allows for immediate action to secure vital evidence. This includes accident scene photos, witness statements, police reports, black box data from the truck, driver logs, maintenance records, and company policies.
Many of these pieces of evidence can be lost or destroyed over time if not properly preserved.
Dealing With Insurance Companies
Commercial truck accident cases often involve complex negotiations with large insurance companies. These companies have vast resources and experienced legal teams whose primary goal is to minimize payouts.
An attorney can handle all communications and negotiations, protecting you from common tactics used by insurers, such as pressuring you into quick settlements that don’t cover your full damages or getting you to say something that could jeopardize your claim.
Thorough Investigation
A legal team can conduct a comprehensive investigation into the accident. This includes reconstructing the accident scene, interviewing witnesses, examining vehicle damage, analyzing black box data, reviewing driver logs and company records, and consulting with accident reconstruction specialists and medical experts.
This thorough approach helps build a strong case by uncovering all contributing factors and accurately assessing damages.
Understanding Your Rights
An attorney can inform you of your legal rights and options, helping you make informed decisions throughout the legal process. They can explain complex legal terms and procedures, ensuring you understand the implications of each step.
Maximizing Compensation
An attorney works to ensure you receive the maximum compensation possible for your injuries and losses. This includes not only immediate medical expenses and lost wages but also long-term costs such as future medical care, rehabilitation, pain and suffering, emotional distress, and diminished earning capacity.
They can accurately assess the full extent of your damages and fight for a settlement or verdict that truly reflects your losses.
What Should I Do After a Commercial Truck Accident in San Diego?
If you’ve been involved in a commercial truck accident in San Diego, taking the right steps immediately after can significantly impact your health, safety, and potential legal claim.
Ensure Your Safety and Seek Medical Attention
Your health is the top priority.
- Move to a Safe Location: If possible and safe to do so, move your vehicle to the side of the road or off the roadway to avoid further collisions.
- Check for Injuries: Assess yourself and any passengers for injuries. Even if you don’t feel immediate pain, adrenaline can mask serious injuries.
- Call 911: Report the accident to the police and request emergency medical services if anyone is injured. Explain the situation clearly, including the location and any visible injuries.
Contact the Authorities
- Wait for Police: Remain at the scene until law enforcement arrives. They will create an official accident report, which is crucial for your insurance claim and potential legal action.
- Provide Accurate Information: Give the police accurate details about the accident. Do not admit fault or speculate on the cause. Stick to the facts.
Gather Information at the Scene
If you are physically able, collect as much information as possible:
- Exchange Information: Get the truck driver’s name, contact information, driver’s license number, insurance details, and the trucking company’s name and contact information.
- Witness Information: Ask any witnesses for their names and contact information. Their statements can be vital.
- Take Photos and Videos: Use your phone to take pictures and videos of the accident scene.
Notify Your Insurance Company
- Report the Accident: Inform your insurance company about the accident as soon as possible. Provide them with the facts, but avoid giving recorded statements or detailed narratives until you’ve spoken with an attorney.
- Do Not Discuss Fault: Do not admit fault or minimize your injuries when speaking with any insurance company, including your own.
Document Everything
- Keep a Record: Maintain a detailed record of everything related to the accident, including:
- Medical appointments and treatments
- Medications
- Time off work
- Communications with insurance companies, police, and medical providers
- Save Receipts: Keep all receipts for medical expenses, transportation costs, and any other accident-related expenditures.
Contact a San Diego Commercial Truck Accident Attorney
This is perhaps the most crucial step. A personal injury lawyer versed in truck accident claims can:
- Preserve Evidence: Act quickly to secure vital evidence that might otherwise be lost or destroyed.
- Handle Communications: Manage all communications with insurance companies and other parties, protecting you from common tactics used to undermine your claim.
- Conduct a Thorough Investigation: Independently investigate the accident, reconstruct the scene, and gather all necessary documentation.
- Assess Damages: Accurately calculate the full extent of your damages, including future medical costs, lost earning capacity, pain and suffering, and emotional distress.
- Fight for Your Rights: Advocate on your behalf to ensure you receive the maximum compensation you deserve.
By following these steps, you can protect your rights, strengthen your potential claim, and focus on your recovery.
Who Pays for Damages in a Commercial Truck Accident in California?
After a commercial truck accident in California, multiple parties could be held liable for damages, depending on the circumstances of the collision. Identifying the responsible party or parties is crucial for seeking compensation.
Potential liable parties include:
- The Truck Driver: If the accident was caused by the driver’s negligence, such as distracted driving, speeding, driving under the influence, or violating traffic laws, they can be held personally liable.
- The Trucking Company: Often, the trucking company that employs the driver can be held responsible under the legal principle of “respondeat superior,” meaning an employer is liable for the actions of their employees within the scope of their employment. Additionally, a trucking company might be liable if they were negligent in hiring, training, or supervising the driver, or if they failed to properly maintain their fleet.
- The Truck Owner: If the truck is owned by a party separate from the driver or the trucking company, and their negligence contributed to the accident (e.g., poor maintenance if they were responsible for it), they could also be held liable.
- The Truck Manufacturer or Parts Manufacturer: If the accident was caused by a defective truck part or a design flaw in the truck itself, the manufacturer of the truck or the specific part could be held accountable through product liability laws.
- Cargo Loaders/Shippers: If the cargo was improperly loaded, leading to an unstable load that caused the accident, the company responsible for loading the cargo could be held liable.
- Maintenance or Repair Companies: If a third-party company was responsible for maintaining or repairing the truck, and their negligence in performing these services led to a mechanical failure and subsequently an accident, they could be sued.
- Government Entities: In some rare cases, a government entity might be held partially responsible if poor road design, inadequate signage, or lack of maintenance on public roads contributed to the accident.
Determining who pays for damages in a commercial truck accident requires a thorough investigation into the accident’s cause, including examining police reports, driver logs, maintenance records, and any available dashcam footage. An experienced commercial truck accident attorney can help identify all potentially liable parties and pursue compensation from them.
How Long Is the Statute of Limitations for San Diego Truck Accident Claims?
In San Diego, as with the rest of California, the statute of limitations for most personal injury claims, including those arising from commercial truck accidents, is generally two years from the date of the injury. This means that an injured party typically has two years from the day the accident occurred to file a lawsuit in civil court.
If a lawsuit is not filed within this timeframe, the injured party may lose their right to seek compensation for their damages, regardless of the merits of their claim.
However, there can be exceptions to this two-year rule. For instance, if the injury was not immediately apparent, the “discovery rule” might apply, extending the deadline from the date the injury was discovered or reasonably should have been discovered.
Additionally, claims against government entities typically have a much shorter deadline, often requiring a notice of claim to be filed within six months. It is crucial to consult with an experienced San Diego truck accident attorney to understand the specific statute of limitations applicable to your case and ensure all deadlines are met.
Hillstone Law Is the San Diego Commercial Truck Accident Law Firm You Need
If you or a loved one has been involved in a commercial truck accident, don’t face the aftermath alone. The complexities of truck accident claims require skilled legal representation to navigate the intricate laws, deal with powerful insurance companies, and ensure all liable parties are held accountable.
Contact Hillstone Law Accident & Injury Attorneys today for a free, no-obligation consultation to discuss your case.
Our experienced San Diego commercial truck accident attorneys are ready to fight for your rights and help you secure the compensation you deserve. We understand the physical, emotional, and financial toll these accidents can take, and we are committed to providing compassionate and effective legal support.
Call (855) 691-1691 and let us handle the legal burden so you can focus on your recovery.
San Diego Commercial Truck Accident FAQ
What types of injuries are common in commercial truck accidents?
Due to the immense size and weight of commercial trucks, accidents involving them often result in severe and life-altering injuries. Common injuries include traumatic brain injuries (TBIs), spinal cord injuries, fractures, internal organ damage, severe lacerations, burns, and psychological trauma, such as PTSD.
How much does it cost to hire a commercial truck accident attorney?
Most San Diego commercial truck accident attorneys work on a contingency fee basis. This means you don’t pay any upfront fees, and your attorney only gets paid if they win your case.
Their fee is a percentage of the compensation you receive. This arrangement allows victims to pursue justice without worrying about immediate financial burdens.
Can I still file a claim if I was partially at fault for the accident?
California operates under a “pure comparative negligence” system. This means that you can still recover damages even if you were partially at fault for the accident.
However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your total damages awarded would be reduced by 20%.
What if the truck driver was an independent contractor?
Even if a truck driver is an independent contractor, the trucking company they are working for may still be held liable for their actions, particularly if the company exerted control over the driver’s operations or if their own negligence contributed to the accident (e.g., in their hiring practices or dispatching).
How long does a commercial truck accident claim take to resolve?
The timeline for resolving a commercial truck accident claim can vary significantly depending on the complexity of the case, the severity of injuries, the number of liable parties, and whether the case settles or goes to trial. Some cases may resolve in a few months, while others can take several years.
Note: These blog posts are created solely for the use of Hillstone Law. The information is gathered from internet research, publicly available sources, and artificial intelligence (AI) tools such as ChatGPT. While we aim to share helpful and educational content, Hillstone Law does not independently verify every detail. Some information may be incomplete, outdated, or subject to change without notice. If you believe any part of a post is inaccurate, misleading, or infringes upon copyright, please contact Hillstone Law immediately so we can review it and take appropriate action, including correction or removal.
Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
