Oxnard, CA Truck Accident Lawyer
When you take one look at the size differential between your car and a large commercial vehicle, you can see that the potential for deadly and life-threatening truck accidents is extreme. This fact is confirmed by the National Highway Transportation Safety Administration (NHTSA) Traffic Safety Facts for 2017, which revealed that 72 percent of fatalities in all truck crashes were occupants of the other vehicle. The percentage of injuries was about the same at 73 percent. Victims and their families suffer physical, financial, and emotional losses.
It may come as some relief to know that state law provides you with options as the victim of a California truck accident, but the process can be quite complicated. You can trust our team at Fisher & Talwar to shoulder the legal burden and overcome the unique challenges in truck crash claims. To learn more about your rights, please contact us to schedule a free case evaluation with an Oxnard, CA truck accident lawyer. You might also find it useful to review some statistics on these incidents.
Truck Accidents on the Rise in California:
Increases in certain areas are troubling, as are additional statistics on semi crashes:
- On average, there are more than 13,000 truck collisions in California annually.
- Fatalities from truck accidents across the US went up when comparing the totals from recent years. Just over 300 individuals per year from 2014-2015, that figure rose to more than 410 per year from 2016-2018.
- During 2017-2018, there were also increases in the number of injuries caused by truck crashes nationwide. The number of victims went from 4,978 to 5,411.
- California is in the Top 10 on the list of US states where most fatal truck accidents occur. Over half of all deadly crashes happen in these states.
- Weekdays are particularly deadly, as 78 percent of all deadly crashes involving large trucks occur from 6 a.m. to 6 p.m. Monday through Friday.
Liability in Truck Crash Claims:
Truck accidents fall under the umbrella of California personal injury laws, which are based upon the legal concept of negligence. You may be entitled to compensation if you can prove four sets of facts:
- Duty: Truck operators have a duty to drive safely when behind the wheel, one which is owed to everyone on the road. The duty encompasses following traffic laws and exercising due caution, so as to not create a risk of an accident.
- Breach: You must show that the truck driver violated the legal duty of care through careless or reckless conduct. Some examples of breach of duty in a truck accident include:
- Speeding in excess of the posted limit or driving too fast for conditions;
- Driving while under the influence of alcohol or drugs;
- Improper lane changes;
- Failure to secure cargo or connections between the tractor and trailer;
- Taking turns too quickly;
- Distracted driving, such as texting, talking on a cell phone, checking social media, or adjusting the radio;
- Failure to yield; and,
- Many more.
- Causation: You have the burden of establishing a causal link between the truck operator’s breach of duty and the truck accident. The point is to show that the crash would not have occurred but for the driver’s misconduct.
- Damages: To recover for your losses, you need to prove what they are. Your damages are the basis for your compensation, which is intended to put you in the same position as if the truck accident never happened – at least, to the greatest extent possible. By proving the other three points above, you may be able to obtain amounts for:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Emotional distress; and,
- Losses based upon how your injuries affect your personal relationships.
It’s essential to have solid, credible proof of each of these elements, so a thorough, in-depth investigation is necessary. Our Ventura, CA truck accident attorneys have the resources to collect the necessary evidence and develop a strong strategy around it. We have close relationships with medical experts, accident reconstruction specialists, financial professionals, and many others to provide support.
California Truck Accident Cases are Complex:
Like other collisions, you’ll first file an insurance claim with the truck driver’s insurance company. Our Oxnard, CA truck accident lawyers at Fisher & Talwar will handle the documentation, and we’ll strive to get the best possible settlement during negotiations. If the insurer will not agree to a fair agreement, we’ll take the next step and file a lawsuit in court.
For the most part, this describes what you would do in other types of motor vehicle accidents. Truck crashes are very different in ways that make them extremely complicated. For instance.
- Trucks are so much larger in size and weight that the injuries to occupants of passenger vehicles can be devastating if they survive. Serious, catastrophic bodily harm is more common, which means astronomical medical bills.
- Federal law requires truck operators and fleet owners to carry $750,000 or more in insurance coverage, and into the millions of dollars for those that haul hazardous substances. When the risk of loss is high, insurers assign truck accident claims to their most skilled adjusters. These employees work hard to keep the payout to you as low as possible.
- Besides the insurance company, there may be multiple parties in a California truck crash. You may need to pursue a trucking company, the driver’s employer, the truck’s owner, and others.
Set Up Your Free Consultation with an Oxnard, CA Truck Accident Attorney
As you can see, truck collision claims are much more complex than other motor vehicle crashes for a number of reasons. You put your rights in jeopardy and could leave money on the table if you try to represent yourself, so allow our team at Fisher & Talwar to represent your interests. We’re ready to take on the insurance company in negotiations, but we’re willing to take your case to court if litigation becomes necessary. To schedule a complimentary case assessment with a skilled Oxnard, CA truck accident lawyer, please contact our office today at 213.805.7706 or visit our website.