Truck accidents in Escondido can occur along I-15, Route 78, and anywhere else on southern California highways. Sadly, truck accidents can result in significant injuries, and often death, simply due to the sheer weight of large trucks versus an average car, motorcycle, or bicycle. If you have been involved in a truck accident in southern California, contact an Escondido truck accident lawyer to review your accident and analyze your legal options so that you can make an informed decision on how to proceed. A skilled accident lawyer can help you right away in your case for compensation.
How Truck Accidents Happen
Truck accidents can occur in California for any number of reasons related to speeding, aggressive driving, falling asleep at the wheel, driving while under the influence (DUI) of drugs or alcohol, driving while being distracted from text messages, and more.
While some of these causes can be attributed to truck drivers, it is important to look at all of the facts and circumstances surrounding the accident, as there may be other potential defendants such as manufacturers of faulty parts, town and city maintenance crews who fail to identify road hazards, and many more.
Determining fault in a truck accident in southern California case relies upon comparative negligence law. Simply stated, the law allows a plaintiff to recover damages – even if they were partially negligent for the accident.
However, their recovery will be reduced by their percentage of fault and they are barred from recovery altogether if they are more than 49 percent at fault.
An Escondido truck accident lawyer can provide the due diligence needed to determine fault by reviewing the truck’s ECM (electronic control module, or “black box”), interviewing witnesses, analyzing medical records, identifying discrepancies in driver and weigh-in logs, and determining whether a truck driver followed Federal Motor Carrier Safety Administration (FMCSA) guidelines such as taking the proper breaks and driving the requisite amount of time.
What do I do if I have been involved in a truck accident?
If you have been involved in a truck accident, contact an experienced Escondido truck accident lawyer to review your situation, determine your legal options, and make sure you have someone to advocate for your best interests against insurance company lawyers and agents.
What types of damages can result from a truck accident?
Damages in a California truck accident case include “economic” damages such as medical bills, hospital costs, lost income, property damage, and truck repairs, and “non-economic damages” such as physical pain and suffering, emotional distress, loss of enjoyment of life, and more. Every situation is unique and depends upon the facts and circumstances surrounding the accident.
How long do truck accident victims have to file a lawsuit in California?
Truck accident victims generally only have two years to file a lawsuit under California’s statute of limitations for personal injury. That is not a great deal of time – especially when you have been badly injured. It is important to make sure that you do not lose your right to compensation.
Sadly, many truck accident victims accept insurance settlements too quickly and later realize that they are inadequate to serve their needs.
This is especially true in situations involving significant damages such as traumatic brain injuries (TBIs), spinal cord injuries (SCIs), severely broken bones, and other injuries which may require extensive rehabilitation or a change in career. The key is to avoid a quick settlement and look at all the details beforehand.
The bottom line is that anyone injured in a southern California trucking accident may be entitled to compensation in the form of economic and non-economic damages which are intended to “make them whole” again.