Newport Beach TRUCK ACCIDENT ATTORNEY

truck accident
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. 

Hear From Our Community Of Satisfied
Clients
Raydrea E.
Raydrea E.
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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!!
Ricardo Dagher
Ricardo Dagher
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I was rear ended on the highway by a driver that was not paying attention. He didn’t even slow down. After the collision, I couldn’t even walk. Sam and his team helped me every step of the way. They made sure that I received the best treatment. I don’t know what I would’ve done without them. They fought the insurance company to make sure I received full value for my car. Sam was able to get all my bills covered and on top of that held the other driver and his insurance company accountable. I received the settlement that I deserve and helped me move with my life after an accident that changed my life.
Erica Z.
Erica Z.
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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.
Diana S.
Diana S.
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Sam Nordean is a great lawyer. He handled my case with the utmost professionalism. After taking my case, Nordean was always very straightfoward about all proceedings. He never sugarcoated things and was very honest. As the client, I appreciated that Sam Nordean would advise me about the proceedings but that my opinions and voice was also heard. Sam Nordean fought for me as the victim in my case and I was very happy with the outcome. Sam Nordean is a great lawyer and I would recommend him for anyone in need of a personal injury lawyer.
Aldo Z.
Aldo Z.
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Nordean Law is working on my injury case. and can't thank them enough. Sam and his team have been reaching out 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!!!
Michael Ruddle
Michael Ruddle
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My family and I were involved in an auto accident. I was referred to Sam Nordean through a good friend of mine who is a current client. That meant a lot to me. I called Sam immediately and he answered the phone. I thought, "Wow, an attorney who actually answers his phone". I explained to him what had happened and he and his Team immediately took over. They have already taken care of our property damage issue and are making sure we have the best medical treatment available. We still have a ways to go, but I know Sam is working hard for my family. And, when I call him he still picks up. Thank you Nordean Law
Donna Melik
Donna Melik
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I can’t thank the Nordean Law group enough! The amount of clarity they provide by walking you through every single step is beyond relieving. The entire team is so professional! And they truly fight for justice! Our family has been with them since 2017 and appreciates all the hard work! Don’t look any further, go for the representation of Nordean Law
 Boyce Osife
Boyce Osife
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Very knowledgeable and experienced law firm. Very polite service representatives who care about your needs and help you find the right help.
Alice Alqueen
Alice Alqueen
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Nordean Law, APC represented me and helped me through my insurance case when they refused to pay my bills. Sam was very patient, experienced, and well-knowledgeable such qualities are hard to find in one attorney. No matter how many times I called or asked questions he was always attentive and understanding. I would recommend them to anyone in a heartbeat! Thank you for winning my 2 cases!
Sukhwinder Kaur
Sukhwinder Kaur
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Sam and his team are amazing. My mom experienced a major fall and ended up getting seriously hurt. Sam and his team stood by her side every step of the way and took her under their wing making sure she got all the care that she needed. Communication is key to any relationship rather it be business or personal and Nordean law made sure their was no confusion and all points were made aware to both parties. Thank you sharmin, Alyssa, patty and Sam ! Your time and hard work is definitely appreciated!

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

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.
 

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.

Local Courthouse Near Newport Beach, CA

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.

About Newport Beach, CA

Discover the enchanting coastal city of Newport Beach, CA, situated in southern Orange County, United States. Home to around 85,000 residents, this vibrant destination boasts a collection of remarkable landmarks that set it apart. Balboa Island entices with its waterfront path and ferry access to charming shops and restaurants. Newport Harbor, once a maritime center, now offers recreational activities and scenic boat tours. Experience the city’s elevation from sea level to Signal Peak in the San Joaquin Hills, reaching 1,161 ft (354 m). Crystal Cove State Park, on the eastern border, showcases stunning landscapes and diverse wildlife.

Newport Beach itself radiates warmth and beach culture, while Huntington Beach is renowned for surfing. Costa Mesa, to the north, charms with cultural events and shopping at Fashion Island. John Wayne Airport ensures easy access to this coastal gem. Embrace the allure of Newport Beach’s sandy beaches, explore Balboa Peninsula’s amusements, and enjoy breathtaking views from San Joaquin Hills. A harmonious blend of landmarks, local entities, and natural beauty makes Newport Beach an extraordinary coastal experience for all.

Our Service Areas Throughout Orange County:

From our office in Costa Mesa, we are proud to extend our services to a wide range of cities within Orange County, forging a strong connection with the vibrant communities that make this county unique. Our dedication to serving these areas with excellence extends to neighboring cities such as Aliso Viejo, Dana Point, Fountain Valley, Laguna Beach, Laguna Niguel, Laguna Woods, Lake Forest, and Mission Viejo. As we reach beyond the county lines, we continue to provide exceptional services to larger cities, including Los Angeles, Anaheim, Irvine, Huntington Beach, Long Beach, and Norwalk, ensuring that our commitment to excellence knows no bounds.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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