Newport Beach TRUCK ACCIDENT ATTORNEY
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.
California Truck Accident Facts and Statistics
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.
California Trucking Laws
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.
Do I Need a Lawyer for a Truck Accident Claim in Newport Beach?
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.
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How Can a Truck Accident Attorney in Newport Beach Help?
A Newport Beach truck accident lawyer will help you fill out all the paperwork, application forms, and other documentation requirements by ensuring no errors. They will review your case and analyze the type of accident, possible causes, and injuries you sustain based on the laws in order to determine how much they compensate. Every step of the procedure, they will guide you through the steps and educate you about your legal rights and insurance policies determined by the state.
They will then gather evidence, interview witnesses, medical experts, or accidental experts, and investigate the accident to determine the fault sharing properly. A deserving amount based on your standpoint of the accident will then be calculated. The outcome of the evidence investigation is properly documented and taken to the defendant’s insurance company and consulted with the commercial truck company and their insurance. Your attorney has a better knowledge of what to demand from the defendant and the truck company.
Suppose there arises a disagreement in the negotiation where your demand for fair compensation is not met. In that case, they will further solidify the evidence and fill in the gaps brought up by the opposing party, and prepare to take the case to court. You will then be filing a lawsuit, with the assistance of your lawyer, against either the defendant driver’s insurance company or the truck company. Your lawyer will represent you in court and help you win the trial, winning back a deserving amount of compensation for your injuries.
Common Causes of Truck Accidents
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:
- Distracted driving
- Driving under the influence
- Fatigue and tiredness
- Jackknife accidents
- Lesser rear-end view or blind spot
- Tire blowout from overloading
- Poor maintenance
- Inadequately trained drivers
Common Truck Accident Injuries
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.
- Head injuries
- Internal bleeding
- Traumatic brain injuries (TBIs)
- Wrongful fatalities
- Broken bones
- Spinal cord injuries
- Whiplash injuries
- Lacerations
- Neck and shoulders injuries
What to Do After 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.
At the scene of the accident
Visit the doctor
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.
Report the accident to authorities
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.
Consult with a truck accident lawyer
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.
File a lawsuit
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.
Compensation for Your Truck Accident Case Claim in Newport Beach
There are three types of damage compensation you may be eligible for based on the accident and your injuries:
Economic Damages
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
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
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."
Contact Top-Rated Truck Accident Lawyer Near Me
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.
Recent Results
$5,800,000
Wrongful Death
$1,250,000
Traumatic Brain Injury
$1,000,000
Auto v. Truck
$633,000
Medical Malpractice
$480,000
Slip and Fall
$450,000
Slip and Fall
$2,000,000
Auto V. truck
$500,000
auto v. Auto
Conclusion
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.
FAQs About Truck Accidents In Newport Beach, CA
Here are some of the questions people often ask after getting hurt in an Newport Beach truck crash.
Who Is Liable for a Newport Beach Truck Accident?
The liability in a truck accident in Newport Beach depends on who caused the accident. If it was the truck driver’s fault, they, or the truck company, may be held liable for the accident. At the same time, if the other vehicle driver was conducting a traffic offense or accidentally made a move to collide with the truck, they are liable for the accident.
What is the statute of limitations for truck accidents in California?
In California, the statute of limitation for filing a lawsuit for truck accidents is 2 years for personal injury from the date of the accident. If the injury was discovered later, the deadline to file the lawsuit is 1 year from the date of discovery. Similarly, the statute of limitation for property damage is 3 years from the accident date.
Should I call the police after my truck accident?
Yes, you must call 911 after your truck accident immediately. Authorities will help you get out of the accident scene safely and hand you over to paramedics for treatment. They will also investigate the accident, work to remove any other threats at the scene and make a report.
What Happens If I’m Partially at Fault for a Truck Accident?
If you are partially responsible for a truck accident, California’s comparative negligence rule will be applied. The sharing of all the at-fault parties will be divided into percentages out of 100% based on their part in the accident. Based on the divided percentage, the compensation will be deducted. For instance, if driver A is at 30% fault and driver B is at 70% fault, 30% will be deducted from your total eligible compensation, and 70% will be deducted from driver B’s total eligible compensation.
How long does the legal process take for a truck accident case in Newport Beach?
The gathering of evidence, investigation, and negotiation can take approximately six months. If the settlement fails, the case has to go to trial. You must file a lawsuit within the statute of limitation, and the trial date may be set from six months to 2 years. Therefore, the legal process for a truck accident may take around 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, yes, you must file a case to gain compensation for property damage. However, if there are no injuries or damages on both parties’ end, you do not have to file a personal injury case. However, the accident and its details must be reported to the authorities.
What is the Average Truck Accident Settlement In Newport Beach?
The settlement amount entirely depends on the accident, the fault sharing and the injury's severity. It can be vague and difficult to determine a certain amount of truck accident settlement without properly assessing a case and studying the facts about the accident. In Newport Beach, the average settlement amount for truck accident personal injury is $15,000 to $30,000, and that of property damage is $5,000.
How much does it cost to hire a truck accident lawyer in Newport Beach, CA?
At Nordean law, we have a ‘only pay if you win’ policy. A truck accident lawyer will not charge you any amount during the consultation, gathering evidence, investigation, or negotiation process. If the case goes to trial, there will still be no lawyer charges, but you may have to pay the court fees. When you win the amount you deserve, your attorney is liable to 33% or one-third of the amount. You do not have to pay them out of your pocket at any point in time during a personal injury case.
Practice Areas
ADDITIONAL LOCATIONS
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