At Nordean Law, we strive to keep our community safe. We pursue justice for the injured and we share critical information on how to keep you and your family safe.
Follow the link below for the best tips to prevent accidents of all kinds. If you have a specific question, or if you were injured in an accident, reach out to one of our attorneys today.
An average commercial truck in Newport Beach weighs around 30 times more than a car. The large and heavy build can cause hazardous accidents after forcefully impacting a smaller automobile or pedestrian. There are more chances of attaining severe injuries by the occupants of the smaller vehicle.
If you were injured in a truck accident, the personal injury claim process can be tricky as the fault determination is more complicated, and there may be commercial truck companies involved. Every commercial truck company in California is required to have higher liability insurance coverage. A Newport Beach truck accident lawyer will help you through all the paperwork, the investigation process, and negotiation meetings to help you win a deserving settlement. Having a personal injury lawyer on your side will prevent insurance companies from taking advantage of you.
Here is everything that goes into a truck accident in Newport Beach city and an in-depth guide to the steps to follow if you are injured in a truck-related accident.
Every year, California experiences an average of 113 truck accidents in a year. According to the Insurance Institute for Highway Safety (IIHS), around 4,119 people lost their lives in fatal truck accidents in the US in 2019. While in 2020, there were a total of 4,014 fatal truck accident victims. The U.S. Department of Transportation's Fatality Analysis Reporting System (FARS) determined that in 67% of truck accidents, the driver or passenger of the smaller vehicle attained severe injuries in 2019. By 2020, the statistic rose to 97% in the state.
In California, some truck accident personal cases have amounted to $20 billion in insurance settlements due to the devastating outcome of accidents. Most truck accidents in Newport Beach city occur around the freeway that is abundant with heavy trucks.
The state of California restricts truck drivers from driving for more than 14 hours a day consequently. But the rule hangs by a loose thread due to a lack of human resources, as drivers tend to cross the deadline to complete delivery on time. It leads to more tiredness and fatigue among the drivers, potentially risking accidents.
The California Vehicle Code Section 22406 restricts a truck with three or more axles from exceeding the speed limit of 55mph. Similarly, according to Vehicle Code Section 21654, a vehicle driving slower than the minimum speed limit must drive in the right-hand side lane of the road when maintaining a steady and straightforward direction. A truck, as mentioned above, is a slow-driving vehicle as it stays within the speed of 55mph. Therefore, it is required to drive in the right-hand lane.
The Code of Federal Regulation §382.303 for post-accident testing by the Federal Motor Carrier Safety Administration (FMCSA) requires a commercial vehicle service company to conduct substance abuse and accident testing of the truck driver within 8 hours of the accident and administer it within 32 hours.
While the state of California allows you to represent yourself independently and claim your injury compensation to the defendant’s insurance company, the procedure can be more complicated and prolonged than you initially imagined. There is the added compulsion to deal with truck companies and their insurance. Having to deal with everything that falls on you in terms of expenses, insurance procedures, and fulfilling legal requirements while sustaining a severe injury can be extremely overwhelming.
Consulting with a truck accident attorney through every step of the personal injury case can be incredibly rewarding. If you do not have a lawyer in the loop, there is a high chance insurance companies or bus companies will take advantage of your vulnerable position. They may use your unfamiliarity and inexperience with the laws and policies to their advantage and lure you into settling for much less than what your injuries compensate for.
In Newport Beach, the most common cause of truck accident is speeding. On average, the stopping distance of a commercial cargo truck going at a speed of 55mph is more than 500 ft. There is a high chance of an accident when a speeding truck suddenly hits the brake but still slides on the next 500ft road distance.
Here are some common causes of truck accidents:
In most truck accidents in California, more severe injuries are sustained by the occupants of the smaller vehicle/s involved. It is because the large and heavy build of the truck causes a greater force of impact on vehicles smaller in size and lighter in weight.
Here are the most common injuries sustained by the victims in a Newport Beach truck accident.
The first and most important step to take after you have found yourself in a truck accident is to seek medical assistance for the injured. If you are severely injured, have excessive bleeding or are in a lot of pain, ask someone to call the ambulance. If you are the defendant, stop immediately, help other parties in the accident, and call 911 to assess paramedics for anyone injured. Your primary focus at this point is medical assistance and making sure no one is in any more threat.
We have broken down a checklist of all the important steps you must follow in a Newport Beach truck accident.
After all emergency injuries are taken care of and handed over to paramedics to treat, and if you are physically able and the environment is safe, there are certain things you can do that can later benefit the investigation. For instance, take pictures of the accident, the collision, the damage caused, as well as the surroundings. If there were any external faults on the road, like construction or sharp objects on the lane, capture that in your photo documentation. Then, ask for the contact information of all the witnesses gathered around the scene. You may later have to reach out to them for their witness testimony.
If you attain severe injuries, call the paramedics, visit the doctor if you can or ask someone else to make a call or take you immediately or as soon as possible. If you don’t feel any pain, we suggest you still get yourself checked to prevent any future pains or injuries from appearing. Seeking medical attention after being involved in an accident is a mandatory step.
At this point, if you are not financially able to temporarily cover the medical expenses out of your pocket or with personal insurance, you can consult with a truck accident attorney to connect you with a medical facility in Newport Beach that offers Medical liens. Liens are temporary debts offered by a limited medical center where they do not charge you for your treatment but are liable to access the amount from the insurance money you are to receive.
The medical report, bills, doctor's note, and medical lien application are important documentation when collecting evidence, during the negotiation process, and at the trial.
The state of California demands every automobile vehicle accident be reported to the authority. The Vehicle Code CVC § 20008 states that all accidents should be reported to the police or the California Highway Patrol (CHP) within 24 hours. If there was a loss of more than $1000, according to the Vehicle Code CVC § 16000, you must report it to the California Department of Motor Vehicles (DMV) within 5 days of the accident.
If 911 was called at the accident scene, chances are, the report has already been made to the respective authorities. But we suggest making the report yourself as well once you are able to do so physically. All the reports will provide concrete evidence of the accident and your injuries.
Soon after the accident, the defendant’s insurance company will contact you. You may eventually have to reach out to them if they still haven't. Starting the conversation regarding compensation and settlement offers with no prior knowledge of your rights or awareness of the laws and policies is a recipe for disaster. You must take your case to a truck accident personal injury lawyer immediately after your injuries are taken care of. They will assess the situation, talk with insurance companies and properly start the documentation and application process to help you file a personal injury claim.
An attorney will then guide you through the process and gather the necessary evidence to calculate a price, determine the faults and recognize how much you deserve. They will prepare a solid case and take it for negotiation to win the amount.
Let’s say the negotiation didn’t work out the way you imagined, and the defendant’s insurance company didn’t agree upon the amount proposed by your lawyer. If you believe the argument was unfairly made, you have the legal right to take the case to court by filing a lawsuit against the truck company, their insurance, or the defendant’s personal insurance. Your Newport Beach Truck Accident Lawyer will represent you throughout the litigation process and stand up for your fair compensation before a judge or jury.
There are three types of damage compensation you may be eligible for based on the accident and your injuries:
Economic damages are compensation for your direct expenses that came as an outcome of the accident. It can include medical expenses, medication bills, therapy, property repair costs, lost work wages, etc. Initially, you may have had to cover them out of your pocket, using your personal insurance, or through medical liens. They are calculated based on the total expenses, your injury’s severity, and your share of the fault in the accident. All truck accident victims in Newport Beach are eligible for compensation for economic damage if the accident was the partial or complete fault of another party/s.
Non-economic damages are losses you experienced in the accident that are immeasurable and priceless, like the pain and suffering caused to you, inability to do pleasurable things you enjoyed doing in life, degradation of the quality of life, etc. Instead, a certain amount of compensation is allocated to balance the losses with a different kind of gain. The total amount of economic damages is multiplied by a number between 1.5 to 5 based on the level of non-economic damage you suffered.
Punitive damages, on the other hand, are charged by the court to the defendant as a form of punishment if the accident was an outcome of extreme negligence or intentional tort. Suppose the driver had the choice to make certain decisions to prevent the accident from happening, but instead, they chose to be negligent and disregard your safety. In that case, they are charged with punitive damage compensation to the plaintiff.
"We never lose sight of the pain and suffering of your recovery, not to mention emotional trauma that lasts for years."
Whether you are a truck driver caught in an accident out of another vehicle's fault, or you were hit by a truck out of a sudden on the freeway, everyone deserves a fair negotiation and settlement after suffering from another person’s faults. You need the best truck accident lawyer in the market to help you get through the tough times and help you win maximum benefits based on what you deserve and what you had to put up with.
Nordean Law has a team of expert truck accident lawyers in Newport Beach. We have represented multiple truck accident victims in Newport Beach to help them gain compensation from the truck company’s insurance. Without years of experience and research of the scenario, getting access to delicate evidence while one is severely injured and their life is devastatingly impacted by the accident is heartbreaking. Our access to extensive resources and contacts with accident and medical experts make us stand out in the market. We are a team of aggressive lawyers dedicated to helping accident victims see the silver lining after suffering through a tragic accident.
Hiring the right Truck Accident Attorney will make a huge positive difference in this unfortunate and difficult part of your life. You can spend countless hours at Newport Beach, CA Courthouse, trying to determine what you need to do next. By not hiring an attorney, you are throwing countless hours out the window; you will also get, on average, 40% less when the settlement finally comes around, which will happen much faster with professional help.
It’s free to talk with us; please reach out if you have any questions or would like an estimate of what you could be owed. In California, you have up to two years to file a claim and sue for compensation. If you wish to take this court journey alone, Newport Beach Courthouse is located at 4601 Jamboree Rd, Newport Beach, CA 92660, United States.
If you want professional help, our Truck Accident Lawyer will gladly help you. Get directions to Newport Beach's local courthouse.
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Truck accidents leave behind tragic traces in life, whether it is injuries that have scarred you for years or a financially straining debt and loans. Having a Newport Beach truck accident lawyer by your side can be financially, physically and emotionally relieving in many ways. An experienced attorney will not only help you win a fair settlement amount for your losses, but they will help in gathering adequate evidence to build a solid case on your side. If you are injured in a truck accident in the area, contact Nordean Law for a free consultation and assessment of your case.
We’re proud to have helped countless clients across California achieve justice and compensation.
"After my car accident in Irvine, I didn’t know where to turn. This team took care of everything, from dealing with insurance to getting me a fair settlement. Highly recommend!"
"I was injured in a truck accident on the freeway near Riverside. They fought hard for me and won my case in record time. Professional and caring every step of the way."
"Nordean Law is working in my injury case and can't thank them enough. Sam and his team have been reaching and keeping me informed with all pending matters. I appreciate that because with all that is currently going in right now, I need some stress off my shoulders. Thank you Nordean Law!!!"
"The best lawyer in the area! He and his team will take great care of you. They are very good with taking questions and answering them without lying to you. I will use Sam and his firm for any cases I might encounter. Highly recommend!!"
"If you are worried about your claim you should contact Nordean Law. Sam Nordean and his team are not only true professionals with integrity, but also sincerely care about their clients well being and state of mind throughout the process."
Here are some of the questions people often ask after getting hurt in an Newport Beach truck crash.
