Anaheim Truck Accident Lawyer
The aftermath of a truck accident is devastating. The occupant, driver, or passenger of the smaller vehicle is severely injured in most cases. It is hard to save yourself from a sudden impact of a large truck. A commercial truck weighs 30 times more than an average vehicle. It can make a brutal impact leading to long-term, life-altering injuries. Anaheim witnesses truck accidents every now and then on its freeway and interstate.
We understand how helpless it must be for you if you have been injured or hospitalized after suddenly experiencing a truck accident. We have seen families lose hope watching their loved ones in so much pain and medical bills piling up. California follows a fault-based system where the defendant must pay a specific compensation for personal injury out of accidents. But navigating the procedures can be extremely difficult when you are in a vulnerable state of recovering from injuries and emotional trauma.
As a personal injury law firm, we strive to help truck accident victims recover what they have lost and make the healing process slightly easier by lifting the financial burden. So if you have been in a truck accident, we can guide you on protecting your legal rights.
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California Truck Accident Facts And Statistics
The Federal Motor Carrier Safety Administration (FMCSA) data shows that there were almost 5,000 accidents in 2020 in California alone. The state ranks second in large commercial truck accident statistics nationwide, with around an average of 200 to 300 fatalities reported yearly. Similarly, FMCSA reported 107,000 total injuries and 327,000 property damage in 2020 across the US. The US Department of Transportation’s Fatality Analysis Reporting System (FARS) claims 97% of accident victims were occupants of comparatively smaller vehicles.
Similarly, per the Insurance Institute of Highway Safety (IIHS) report, 36% of all fatal accidents that year happened on interstates and freeways, 47% occurred on major roads, and 15% on minor roads.
California Trucking Laws
Hours of Service
The Hours of Service regulation by the FMCSA marks the guidelines for every commercial truck driver to follow for safety reasons. One should drive a commercial truck shift for not more than 14 consecutive hours and take a 30-minute break in between. After every shift, they must take 10 hours off. Similarly, after working for 7 to 8 days, spending 60 to 70 hours driving, they must take a 34-hours off.
At the same time, every driver must maintain a proper log of pick-up, drop, and break activity in the electronic logging devices (ELDs) provided by their employer. The records must mandatorily include the location and time of all stops, as well as entries of routine inspections across a route.
The Code of Federal Regulation §382.303 by the FMCSA requires all commercial drivers to undergo Controlled Substances and Alcohol Testing (CSAT) by the employer. It must be done before employing a driver, randomly, occasionally, or if there is a suspicion of consumption. After a commercial truck accident, the employers must conduct the test within 8 hours and register it within 32 hours of the accident.
California Vehicle Code § 22406: Any truck with more than three axles is not allowed to exceed the 55 mph speed limit.
California Vehicle Code § 21654: Every vehicle driving at the minimum steady speed limit of a roadway, like a truck, must stick to the right-hand side lane.
Safety requirements: Per the FMCSA safety standards, every truck must carry a well-maintained fire extinguisher and three red emergency reflectors. At the same time, it must be equipped adequately with all required mechanical parts like windshields, reflectors, lights, etc.
Causes of Truck Accidents In Anaheim
Often, drivers tend to drive longer than the set deadline with the intent to cover more distance and make deliveries within a short time. But constantly driving without any breaks or rest in between can lead to tragic accidents caused by tiredness and fatigue.
Some of the commonly reported causes of truck accidents in Anaheim are:
- Distracted driving
- Rushing deliveries
- Drunk driving
- Violation of Hours of Service rule
- Aggressive driving
- Limited rear-end view
- Bad road conditions
- Unpredictable weathe
Common Truck Accident Injuries In Anaheim, CA
A large truck’s heavy build can severely damage when the other vehicle is much smaller and lighter. Often, severe injuries are endured by the other party. But in some truck accidents, like jackknife accidents, when the front section of the truck flips over, the driver can also suffer severe injuries.
We have listed some commonly reported injuries in Anaheim:
- Head injuries
- Traumatic Brain Injuries (TBIs)
- Muscle injuries
- Spinal cord injuries
- Internal bleeding
- Organ damage
What To Do After Truck Accident In Anaheim?
The first and most important thing to do is stay and assist every injured party. Never leave the scene of the accident. As an able party, you must call the paramedics for anyone needing emergency treatment and call the police to report the accident. Help everyone out of the scene to prevent further injuries from possible threats of fire or explosion.
Once the scene is calmed down, taking pictures and videos can help solidify your statement later. If possible, exchange contact information with the defendant and the accident witnesses. The next step is to call the authorities. You must call the police or California Highway Patrol (CHP) within 24 hours of the accident.
Before taking further steps or talking with the defendant’s insurance company, immediately consult an Anaheim truck accident lawyer.
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How Can A Truck Accident Attorney In Anaheim Help?
An attorney can help you in more ways than you think. Our job is to guide you to the best possible approach and help you gain maximum benefits. Let us walk you through all your roles and responsibilities when you work with us.
Review and Analyze The Case
In our first consultation meeting, we will go through all the facts about the accident from your point of view. First, your injuries or damages will be assessed, and we will help determine a tentative amount it can recover. At this stage, we suggest whether hiring a lawyer is the best decision or whether you can pursue the case independently under our guidance.
Gather and Investigate Evidence
Then, the process of gathering evidence will start. We will bring in the medical report and police reports properly document it. Witness statements are strong pieces of evidence as well; we will reach out to interview them. Based on all the evidence, we will indulge deeper into the case and determine a substantial amount to demand from the defendant.
Deal With Insurance Companies
You do not have to worry about all the hassles of dealing with insurance companies. Once you hire us, we are trained to undergo all paperwork and phone calls with the insurance company. In this case, you may have to deal with the commercial insurance of the truck companies as well. We will deal with them for you, and any chance of mistake or miscommunication from your side will naturally be eliminated. We will also represent you in the negotiation meeting, present the evidence, and stand up for fair compensation.
Represent You In Court
If the settlement meeting fails to give you a fair amount, you can file a personal injury lawsuit against the defendant’s insurance company or the truck company’s commercial insurance. We will handle all pre-trial steps and represent your claim before a judge or jury.
Compensation For Your Truck Accident Case Claim In Anaheim
Your truck accident claim is composed of three types of damage compensations.
Economic damage compensation means direct losses from the accident that you suffered.
- Medical expenses
- Medication costs
- Therapy costs
- Property repair expense
- Lost work wages
Non-economic damages are indirect losses that are not measurable in a certain amount of price. Instead, this type of compensation is to give you another benefit to balance out your loss in the form of financial gain. They include:
- Pain and Suffering
- Loss of Consortium
- Degradation in life’s quality
Punitive damage, on the other hand, is charged to the defendant as a punishment for their negligence or careless actions.
Contact Top-Rated Truck Accident Lawyer Near You
Your case depends on the legal representation you choose. When hiring a truck accident attorney, ensure that the lawyer has adequate experience that aligns with the assistance you need. You deserve a top lawyer in the market to stand up for you and win your injury claim.
We at Nordean law are a team of professional truck accident attorneys who have been providing services in Anaheim for years. Our lawyers have expert training in sorting through the policies associated with commercial insurance companies. We will work with comprehensive resources, witness evidence, and a professional approach to help attain maximum benefits for your truck accident case.
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Truck Accident Lawyer Serving Anaheim!
Truck accident injuries can turn one’s life around in a matter of seconds. Not only does it result in life-altering injuries, but the medical treatments and costs also lie extensively on the higher end. Having a lawyer by your side can change the course of your injury case. When a professional is handling, they will work more efficiently and build a solid case to present to the defendant’s or the truck company’s insurance. You will not have to worry about the compensation as we aggressively stand up for what the state grants you. Call us at 888.527.1267 today for a free consultation session.
FAQs About Truck Accidents In Anaheim, CA
What is the Statute of Limitations for Truck Accidents in California?
The Statute of Limitations for truck accidents in California is as follows:
2 years - for personal injury.
3 years - for property damage.
Should I call the police after my Truck Accident?
Yes, you must call the police within 24 hours of your truck accident as per the California Vehicle code § 20008.
How do you deal with a Truck Accident?
Before taking any step, you must consult with a truck accident attorney to understand the best approach and the range of deserving compensation.
Once you understand and decide to work with a lawyer, we will help you gather all evidence and negotiate for a fair settlement with the defendant’s insurance company.
What not to say when you get in an accident?
Here are certain things you should avoid saying after you get into an accident:
- Never admit fault; you still don’t know how the fault is shared.
- Don’t deny injury. Sometimes, you may not feel pain immediately, but the injury may appear later.
- Never give an official statement. You must wait until your lawyer analyzes the case to determine the official statement.
What are 3 questions you should ask a lawyer before hiring?
Here are 3 questions to ask a lawyer before hiring them:
- If the settlement fails, are you willing to represent me on trial?
- Have you won a case with similar circumstances in the past?
- Can you walk me through what happens when we win or lose in this injury case?
How long does the legal process take for a Truck Accident case in Anaheim?
In Anaheim, it takes an average of one to six months for the settlement meeting to conclude. Your case will prolong depending on the complexity and how the negotiations go.
If there is a disagreement, you may have to file a lawsuit. The trial date may be set from six months to 2 years.
Should I file a case even if I’m not hurt after a Truck Accident?
If you are not hurt, but your property is damaged in the truck accident, yes, you should file a case for property damage. But, on the other hand, if your property is also not damaged, you do not have to file a case when you don’t have any loss to recover.
How much does it cost to hire a Truck Accident lawyer in Anaheim, CA?
We do not charge any amount out of your pocket throughout the case. Instead, we have a ‘when we win, we pay’ policy where we are eligible to receive around 30 to 40% of the overall compensation for representing you in the case.