Trucking & Big Rig Accident Attorney Fontana
Involved in Truck Accident in or Around Fontana, CA? We Can Help.
Semi-truck accident claims that involve one or more vehicles can be difficult to pursue and often times are up against an experienced and aggressive legal team employed by large trucking companies and their insurance. In times where the negligence of a truck driver seem apparent and obvious, the truck companies and insurance teams will still defend their claim with their full and extensive resources. These insurance companies will often even attempt to weaken an injury claim by discrediting the injury victim by any means possible. The number one goal of insurance companies is to have the claim dismissed based on technicalities resulting from what may seem to victims as an un-important or un-related factor.
Truck accident cases are indisputably some of the most complex personal injury cases. When a truck collides with a smaller passenger vehicle, there are many factors that will be considered to determine who was at-fault for the accident. In spite of the complexities surrounding truck accident cases, the reality is that truck accidents cases often result in serious injuries.
Due to weight and size disparities, traffic accidents that involve large commercial vehicles and smaller passenger vehicles tend to cause great damage to those inside the smaller vehicle. Truck accidents can result in devastating injuries that can cause a significant financial burden for the victims and their families alike. Moreover, many truck accidents have fatal consequences. According to a published report by the U.S. Department of Transportation, Large Truck and Bus Crash Facts, truck accident fatalities have recently experienced a 9 percent increase.
When the truck accident was caused as a result of negligence on behalf of the truck driver or the company that hired him or her, the ability to recover financial compensation for the losses sustained may be possible.
It is crucial, that no matter how the accident and injury initially seem to a victim, that they reach out immediately to obtain advice from an attorney who has experience with truck accident litigation. The insurance companies may act fast to offer a settlement and negotiate with injury victims.
Do not enter into these conversions, harmless as they seem, without representation. Their goal is to walk away with the least amount of payout as possible and certainly your best interests are not in mind. To avoid having your rights trampled, contact a truck accident attorney serving victims of Fontana right away.
Trucking and large vehicles transporting goods through Fontana is more present than ever before. With the recovery and growth of the economy, Fontana has seen an expansion in factories, warehouses and other businesses relying on trucks to keep them moving. Easily understood is the fact that truck accidents are much more dangerous and have far deadlier impacts than similar accidents involving passenger cars. According to the Department of Transportation National Highway Traffic Safety Administration, 1 in 8 traffic fatalities is caused by a trucking accident. In 2014, 3,903 people were killed in large truck accidents.
As a result of the devastating consequences of a large truck accident, seeking compensation from the applicable insurance company is complicated. Truck companies, truck drivers, and their insurance companies will fight aggressively to defend against a claim because the stakes are high.
If you or a family member has been injured in a truck accident, it is significantly important to seek the legal advice of an attorney who has experience handling truck accident cases. The intricacies of these accident cases require in-depth knowledge of the rules and regulations that govern the freight industry, which a proficient personal injury attorney will understand how to navigate.
The Law Offices of Attorney Justin H. King is highly regarded in the field of truck accident cases. The award-winning law firm has helped clients recover financial compensation despite facing various difficulties in their claim. With an established reputation of successful cases, the Law Offices of Attorney Justin H. King is equipped with the tools needed to go against truck companies, drivers, and their aggressive insurance companies. After an accident, you will need the support of a compassionate attorney who will advocate on your behalf. Consider scheduling a no-obligation consultation with the law firm today.
Understanding Comparative Negligence in Semi-Truck Accidents
Often not understood by drivers in the Inland Empire, in California truck accidents, the principle of “Comparative Negligence” is applied. Simply put, California has established that many auto and trucking accidents are not caused by a single driver, but rather can be contributed to by many different drivers. This principle aims to assign a percentage of fault for the accident to each involved party. The horrifying truth that many accident victims learn quickly is that their claim and potential settlement can quickly be reduced based on their involvement in the incident. This is why it is so important to seek an experienced truck accident attorney right away. The insurance companies understand comparative negligence and will use it to reduce your claim. A simple statement you make to a representative of the trucking company or their insurance or legal team can have dramatic implications.
The Laws That Govern the Freight Industry
Lawmakers are aware of the dangers large commercial vehicles pose when sharing the road with regular passenger vehicles. As a result of the large size and weight of these vehicles, any mistake or careless action can lead to catastrophic injuries. Consequently, government agencies have enforced unique laws that attempt to regulate the daily operation of large commercial vehicles.
Nearly every aspect of the freight industry is subject to regulation by the Federal Motor Carrier Safety Administration, or FMCSA. Since its inception, the agency’s sole purpose has been to supervise the trucking industry. While many laws have been passed to increase roadway safety for truck drivers and regular commuters alike, truck accidents continue to occur at increasing rates.
A few examples of the rules and regulations that govern the trucking industry are:
A Driver’s Hours of Service – For many years, truck driver fatigue has been a controversial issue in the trucking industry. The FMCSA works diligently to curb the issue of tired drivers through laws referred to as Hours of Service. These laws specifically state the duration for which drivers can operate their large commercial vehicles.
The Commercial Driver’s License – There are several established rules that determine who is eligible to obtain a commercial driver’s license, or CDL. The rules also indicate how a person can obtain such a license. For instance, in order to obtain a CDL, applicants must pass skill and written knowledge examinations. Moreover, individuals who hold a license will need to ensure the vehicle meets specific guidelines, such as weight limitations.
Size and Weight Restrictions – In an attempt to save money, trucking companies will unsafely overload the truck’s cargo. The FMCSA has placed rules that specifically indicate the maximum amount of weight a truck’s trailer can contain when driving on public roads. It should be noted that these rules can change if the truck is operated across state lines or remain within the state’s boundaries.
Driving While Under the Influence – The FMCSA has defined clear guidelines for the testing of drug and alcohol consumption, which serve to create a substance free transportation agency. The guidelines that have been placed are clear on who will need to undergo testing, when a test should be taken, and the consequences of a failed examination. The agency’s rules also work to protect a truck driver’s sensitive information when taking the test.
Truck Accident Attorney Fighting For the Rights of Victims in Fontana
Fontana is the heart of the Inland Empire with respect to trucking and arguably one of the largest trucking hubs in the State. Many of these trucks, on a daily basis, are going west to Long Beach and East across the Country. That makes the freeways and roadways in Fontana like the 15, 10, 210 and more, some of the busiest traveled by trucks in the Country. With respect to truck accidents in Fontana, it is not a question of if, but rather when.
A truck can lose control of their load at any time. This could be a result of blown tires, unsecured loads and or faulty mechanics. When this happens, all drivers in the immediately proximity are at extreme risk.
Recent data, California alone in 2014, over 4,000 vehicles were involved in crashes, many of those resulted in a fatality. Second only to Texas. California, geographically receives imports on the west coast as well as thousands of trucks a day from the Southern Border. When truck accidents do occur the insurance companies are trained and ready to battle your claim. You should be equally ready to fight, and a truck accident attorney can defend and protect your rights as a victim.
Any accident or injury resulting from a big rig or truck can be serious or even deadly. Victims need to understand the implications of the claims process and what their rights and responsibilities are. An experienced truck accident injury attorney can protect your rights and make sure your responsibilities are met, reducing the chance of a diminished settlement or award.
Damages Available in Truck Accident Cases
Traffic accidents that involve large commercial vehicles tend to have catastrophic consequences. When a person is injured in a truck accident, the ability to recover compensation may be possible by filing a personal injury claim against the responsible party. Injured truck accident victims may be able to obtain financial compensation for the following damages.
A majority of truck accident victims will require medical treatment for the injuries sustained in the accident. The costs associated with the medical care should be totaled. Medical expenses that could be covered in a settlement include: Ambulance costs, Emergency medical treatment, Long-term hospitalization, The need for surgery, Prescription medications, Diagnostic testing, Medical equipment, Physical therapy, and rehabilitation.
Loss of Wages and Benefits
When a truck accident leads to significant injuries, the recovering victim may need to take time off work while he or she heals. Missing time from work, however, can lead to serious financial hardship. When filing a claim, compensation for the loss of income may be awarded, including benefits and bonuses.
When the injury has caused a permanent disability and the inability to return to work is no longer possible, compensation could be awarded for the loss of future earning capacity.
Pain and Suffering
One of the most emotionally challenging aspects of filing a personal injury claim is evaluating intangible damages sustained in the accident. In the aftermath of a serious injury, it is likely that many areas of the victim’s life will be affected. Compensation may be available for the following non-economic damages: Physical pain, Disability and physical limitations, Scarring, amputations, and disfigurement, Emotional distress, Mental disorders, such as PTSD, and loss of quality of life.
Contact Justin H. King: No Obligation – Always Confidential
If you or someone you know has recently been involved in a truck accident in Fontana we are here to help. Our no obligation and confidential case evaluation provides important details about your rights and responsibilities after an accident. Use our case evaluation form here to get in touch and learn what you need to know now. Truck accident cases are always time sensitive so understanding your rights sooner may make all the difference.
Following a Truck Accident in Fontana, Obtain Legal Counsel From an Experienced Attorney
Truck accidents involve a wide-range of factors that can affect the outcome of a case. For one, the freight industry is governed by strict federal and state laws that work to regulate commercial driving, trucking companies, and other industry standards that do not apply to non-commercial drivers. The laws that govern the freight industry can make it challenging when it comes to filing a claim against the truck driver or trucking company. Additionally, truck accidents usually involve catastrophic injuries that can have a variety of implications on an injured person’s life. These injuries are not only expensive, they can also be physically and emotionally draining.
If you or a loved one was injured in a truck accident, it is critical to seek the legal support of a skilled personal injury attorney who understands what is needed to handle these complex cases.
The award-winning litigators at the Law Offices of Attorney Justin H. King have extensive experience handling the intricacies surrounding large commercial vehicle accidents. The firm understands that in order to have the best opportunity at achieving a successful recovery, injured victims need to be awarded a maximum compensation. With over a decade in experience, the firm is equipped to pursue the compensation the victim deserves. Following a truck accident, obtain the legal support of a law firm you can count on. Consider scheduling a free consultation with the Law Offices of Attorney Justin H. King today.