A Brief Summary of the Following Page
- Who is liable: In California, identifying the at-fault party is crucial in truck accident cases. Potential liable parties include the truck driver, employer, manufacturer, property owners, government agencies, or other drivers, depending on the specific circumstances of the accident.
- Proving negligence: Callahan & Blaine conducts detailed investigations to establish fault, gathering evidence like medical records, police reports, and witness testimony.
- Collecting damages: Depending on your unique circumstances, you may recover economic and non-economic damages, including medical bills, lost wages, and emotional distress, even if you were partially responsible.
- Why Callahan & Blaine: Callahan & Blaine offers comprehensive legal support, handling every aspect of the claim, from dealing with insurance adjusters to filing within legal deadlines. This allows you to focus on recovery and rest assured your claim is being handled with the utmost care and professionalism.
- To schedule an initial consultation, call us at 714-241-4444 or fill out our contact form.
When driving on San Diego roads, you trust all drivers around you to uphold their duty of care and drive safely. This is especially true for truck drivers, as their vehicles can do a lot of damage in the event of an accident. If you suffer injuries in a truck collision due to another party’s negligence, you have the right to file a claim and pursue financial compensation for your losses. However, it can be challenging to know where to start. Fortunately, our experienced team at Callahan & Blaine is here to help you every step of the way.
Our large team of 29 lawyers, each with at least eight years of experience, have successfully handled multi-million dollar settlements, including the largest in Orange County history worth $934 million. With this commitment to excellence and a thorough understanding of the claims process, our San Diego truck accident attorneys can help you navigate the intricacies of your truck accident claim. Our knowledgeable team uses innovative strategies and effective solutions to identify a liable party, hold them accountable, and secure the fair compensation you deserve.
Understanding Liability in California Truck Accidents
California is an at-fault state, meaning the liable party in a truck accident is responsible for paying the damages they caused. Therefore, it is crucial to identify the at-fault party in your truck collision and build a strong claim that demonstrates their negligence.
WHO MAY BE LIABLE?
While you may assume the truck driver is responsible for the accident and your injuries, this is not always true. Several parties are involved in ensuring a truck and its driver are safe, so one of the following parties may be liable for the crash:
- Truck driver: If the truck driver drove recklessly, ignored traffic laws, or drove while distracted, they may be liable for the accident.
- Employer: The truck driver’s employer may be responsible for the accident if they failed to maintain their vehicles, violated Federal Motor Carrier Safety Administration regulations, or did not follow proper hiring procedures.
- Manufacturer: Perhaps a defective part caused the truck accident. In this case, the manufacturer may be held accountable.
- Property owner or government agency: Property owners and government agencies must maintain their roads to keep them safe. If poor road conditions cause a truck accident, they may be liable.
- Another driver: If another driver pulled out in front of a truck, causing the truck driver to swerve or brake quickly, they may be responsible for the accident.
Whether one or multiple parties are liable for your accident and injuries, our truck accident attorneys in Orange County work hard to identify them and hold them accountable.
PROVING FAULT
Once our San Diego truck accident attorneys have identified a liable party, we conduct a detailed investigation to prove they owed you a duty of care, neglected this duty, and directly caused the accident and your injuries. We gather and analyze evidence, such as medical records, police reports, traffic camera footage, and witness testimony, to build an effective claim and give you the best chance of maximum compensation.
Can You Recover Damages After a San Diego Truck Accident?
In many motorcycle accidents, multiple parties are responsible for the collision. However, if you are partially at fault for a crash, you may still recover damages. California uses a pure comparative negligence system, which assigns each party a percentage of fault. This percentage gets deducted from each party’s respective compensation. For example, if you are 10% responsible, your damages get reduced by 10%.
Our dedicated San Diego truck accident lawyers negotiate with insurance companies to ensure you receive a fair settlement, which may include the following costs:
- Past, present, and future medical expenses
- Property damages
- Lost wages from missed work
- Prescribed medications
- Rehabilitation or physical therapy
- Pain and suffering
- Emotional distress
- Reduced quality of life
The evidence we use to prove negligence can also help demonstrate the extent of your injuries and how they have impacted your life physically, emotionally, and financially. We understand how to deal with insurance adjusters and fiercely advocate for just compensation.
How a Callahan & Blaine Lawyer Can Help With Your San Diego Truck Accident Claim
After suffering injuries in a motorcycle accident, your recovery should be your top priority. Having a trusted Callahan & Blaine lawyer specializing in truck accidents by your side allows you to do this while knowing your claim is in the right hands. We take a comprehensive approach to motorcycle accident claims, handling every aspect from start to finish, including the following:
- Using our extensive insurance knowledge to deal with adjusters and aggressively fight for your rights
- Creating effective solutions based on your unique circumstances
- Interviewing witnesses
- Filing your claim within the two-year statute of limitations
- Utilizing valuable resources to strengthen your claim
- Negotiating with insurance adjusters on your behalf
- Taking your claim to trial if necessary
With our proven track record of success and stunning results, including the largest bad faith insurance jury verdict in Orange County history at $58 million, you can feel confident about working with us, no matter the circumstances. We bring a highly advanced skill set that meets your needs and allows us to take on your claim fearlessly.
Understanding Federal Trucking Regulations in San Diego
Commercial trucks operating in San Diego must comply with strict federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These regulations create the foundation for determining negligence in truck accident cases. When trucking companies or drivers violate these regulations, they create dangerous conditions that often lead to catastrophic accidents.
Key federal regulations that frequently factor into San Diego truck accident cases include:
- Hours of Service (HOS) limitations that restrict how long drivers can operate without rest periods
- Electronic logging device (ELD) requirements that track driving time to prevent fatigue-related accidents
- Weight restrictions based on truck classification and roadway specifications
- Regular inspection and maintenance requirements for all commercial vehicles
- Driver qualification standards, including proper licensing, medical certifications, and background checks
At Callahan & Blaine, our truck accident attorneys thoroughly understand these federal regulations and how they apply to San Diego roadway accidents. We work with industry experts to examine driver logs, maintenance records, and company policies to identify violations that contributed to your accident.
Common Types of San Diego Truck Accidents
The unique geography and infrastructure of San Diego create specific conditions that contribute to particular types of truck accidents. Understanding these accident types helps us build more effective cases by identifying common factors and potential negligence patterns.
Underride and Override Accidents
These accidents occur frequently on San Diego’s interstates, particularly I-5 and I-8, where passenger vehicles collide with the rear or side of commercial trucks. These accidents are especially dangerous, often resulting in catastrophic injuries or fatalities as smaller vehicles slide beneath the truck’s trailer.
Jackknife and Rollover Accidents
Jackknife accidents happen commonly on the steep grades of San Diego’s highways, including portions of I-15 and SR-163. When truck drivers brake improperly on these inclines, the trailer can swing outward at a sharp angle, creating a devastating multi-vehicle accident scenario.
Rollover accidents are particularly common at the sharp curves found on truck routes through Mission Valley and along SR-52. When trucking companies overload trailers or drivers take these curves at excessive speeds, the high center of gravity in commercial vehicles makes them prone to rolling over.
Cargo Spill and Wide-Turn Accidents
Wide-turn accidents frequently occur in downtown San Diego and busy commercial districts, where large trucks need substantial space to navigate turns. Passenger vehicles, pedestrians, or cyclists caught in these wide turning radiuses often suffer serious injuries.
Cargo spill accidents create unique hazards on San Diego roads. When shipping companies fail to properly secure cargo – particularly at the busy Port of San Diego facilities – the resulting spills can create multi-vehicle pileups and hazardous conditions.
Truck Accident Injuries and Long-Term Medical Considerations
The extreme force involved in truck accidents typically results in severe injuries that require extensive medical treatment and long-term care. Understanding these injury patterns helps us accurately calculate future medical expenses when building your claim.
Common serious injuries from truck accidents include:
- Traumatic brain injuries (TBIs) with potential long-term cognitive impairments
- Spinal cord injuries that may result in partial or complete paralysis
- Complex orthopedic injuries requiring multiple surgeries and rehabilitation
- Internal organ damage necessitating emergency interventions
- Psychological trauma, including PTSD, anxiety, and depression
These injuries often require specialized medical experts to properly document and testify about their long-term implications. Our firm works with leading medical professionals who can provide detailed projections of future care needs to ensure your compensation accounts for all necessary treatment.
Insurance Challenges Unique to San Diego Truck Accident Claims
Truck accident claims in San Diego involve complex insurance scenarios that require specialized legal knowledge to navigate successfully. Commercial trucking companies typically carry substantial insurance policies with coverage limits far exceeding those in standard auto policies.
Multiple Insurance Layers
Commercial trucking insurance policies often involve multiple coverage layers, including primary liability policies, excess coverage policies, and umbrella policies that may be held by different entities within the trucking operation. Determining which policies apply to your specific accident requires a detailed investigation.
Aggressive Defense Tactics
Insurance companies representing trucking companies typically deploy rapid response teams to accident scenes to gather evidence that might limit their liability. These teams often arrive before victims have even received medical attention, giving them a significant advantage in building their defense.
Complex Valuation Methods
Settlement negotiations in truck accident cases involve sophisticated valuation methods that account for current and future damages. Insurance adjusters typically present initial offers that drastically undervalue claims, hoping victims without proper legal representation will accept inadequate settlements.
The Litigation Process for San Diego Truck Accident Cases
While many truck accident claims are settled before trial, being prepared for litigation is essential for achieving maximum compensation. Understanding the litigation process helps our clients know what to expect as their case progresses through the San Diego court system.
Key stages in the litigation process include:
- Discovery phase: Obtaining crucial evidence through depositions, interrogatories, and document requests
- Expert witness involvement: Working with accident reconstruction specialists, safety experts, and medical professionals
- Settlement conferences: Participating in court-mandated opportunities to resolve the case
- Trial preparation: Developing persuasive presentations and preparing witnesses
- Appeals process: Handling any post-trial challenges if necessary
Our experienced trial attorneys excel at presenting complex trucking regulation violations and technical evidence in ways that San Diego juries can easily understand. This trial preparation, even in cases that ultimately settle, sends a clear message to insurance companies that we are fully prepared to take your case to verdict if they fail to offer fair compensation.
At Callahan & Blaine, we leverage our extensive knowledge of San Diego’s court system and local judges to develop effective litigation strategies tailored to your specific case. Our proven track record of successful truck accident verdicts demonstrates our ability to navigate even the most complex commercial vehicle accident claims.
Get in Touch With the Skilled San Diego Truck Accident Lawyers at Callahan & Blaine Today
If you have been involved in a truck accident, the legal process can seem daunting. However, with Callahan & Blaine’s exceptional legal support, you are not alone. Our firm, renowned for its 40-year legacy of success, provides an unmatched, robust legal team and a deep commitment to every client. Our accomplished San Diego personal injury lawyers and accident lawyers, each with a minimum of eight years of experience, specialize in the intricacies of truck accident litigation. Our San Diego truck accident attorneys excel in securing significant settlements and relentlessly pursuing your rightful compensation.
At Callahan & Blaine, your best interest is our top priority. We shoulder your legal challenges, allowing you to focus on what matters most: your recovery and well-being. Trust us to be your staunchest advocates in this difficult time. To schedule an initial consultation, call us at 714-241-4444 or fill out our contact form.
