Monterey Truck Accident Lawyer
Tractor trailer accidents occur far too frequently in California. According to data collected and published by the California Highway Patrol (CHP), more than 5,400 people were injured in commercial truck accidents in the state in 2014 alone. Tragically, there were also 279 reported truck accident fatalities in that year.
Injured truck accident victims are entitled to compensation for the full extent of their damages. Unfortunately, the big trucking companies and their insurance providers often make financial recovery challenging.
At the Allen Law Firm, our lawyers help injured victims fight back. We have the skills and experience needed to hold negligent truck drivers and trucking companies accountable. Remember, the personal injury statute of limitations is only two years, so you should file a claim as soon as possible.
If you or a loved one was hurt in a tractor trailer crash, please contact one of our experienced attorneys today for immediate assistance.
What to Do After a Semi-Truck Accident in Monterey or Santa Cruz
Following a serious semi-truck accident, it is crucial that injured victims take the proper steps to protect their health and their legal claim.
Unfortunately, too many injured victims make mistakes after a crash that make it more difficult for them to access full and fair financial compensation. If you were involved in a tractor trailer accident in Santa Cruz or Monterey, you should be sure to do the following things:
Call 9-1-1
Report the collision to the appropriate state or local highway authorities. Truck accidents often cause catastrophic injuries, so you will probably need emergency personnel to take people to the hospital. Additionally, you will need a police officer to come out and fill out a police report. Call 9-1-1 to request help.
Seek Medical Treatment
Emergency medical needs should always come first. If your injuries are not life-threatening, you might wait until you talk to the police before going to hospital. Remember to get treatment as soon as possible. Doing so gives you the best chance of improving your condition, and you also help document the severity of your injuries. Always follow your doctor’s advice. If you don’t, the trucking company can claim you have aggravated your injuries and are responsible for most of your pain.
Obtain Information from Other Drivers
Truck accidents usually involve multiple vehicles. You should try to obtain as much evidence as possible, including identifying details about the truck and truck driver, and witness contact information. You should get the following information from anyone involved:
- Name;
- Driver’s license number;
- License plate number;
- Name of insurance carrier;
- Insurance policy number; and
- Driver’s phone number.
Take Pictures of the Accident
It is very difficult to reconstruct how an accident occurred. Nevertheless, the most important information you can have is what the scene looked like immediately after the crash. Ideally, you will get a picture of the vehicles before they are moved to the side of the road. Showing where they ended up can help a reconstructionist figure out who is responsible for the crash. Of course, you might be too injured to gather any of this information, which is okay. You need to prioritize your health. If possible, take pictures of the following:
- Where the vehicles ended up;
- Any damage to each vehicle;
- Skid marks on the road;
- Debris in the road (fender, side mirror, etc.); and
- Landmarks that can help someone orient themselves.
Avoid Making Statements about the Crash
In the event of a semi truck accident in California, the trucking company will have an investigator on the scene of the crash to collect information. Trucking companies take these accidents seriously, so you will need someone in your corner who has only your interests at heart. A key mistake people make is giving statements about what happened when they are in pain or still shaken from the accident. Do not give statements; you are not thinking clearly in those moments and might say something wrong. Remember that insurance companies can use any statement you make against you to deny claims.
Consult with an experienced Monterey truck accident lawyer before speaking to an insurance adjuster. You should not give a statement to the trucking company’s insurer.
Who Can Be Held Liable for a Truck Accident?
Under California law, many different parties could bear liability for a commercial truck collision. Truck accident claims are typically brought under the state’s negligence standard.
As California is a comparative fault jurisdiction, two or more parties can even share liability for the same underlying collision. Our Santa Cruz and Monterey truck accident lawyers will make sure that we identify all parties that can be held responsible in your case so that you maximize your financial recovery. This could include:
- The truck driver;
- The trucking company;
- The driver of another vehicle;
- The company that owns the truck or trailer; and
In some cases, the accident may be due to a defect in the design or the manufacturing of the big rig itself. In such cases, the truck’s manufacturer or owner may be liable for the accident under a standard of strict product liability.
Truck Accident Cases Involve Complex Federal Regulations
There is a wide range of federal safety regulations that commercial trucking companies are required to follow when they operate in California. This is because the state has adopted the
Federal Motor Carrier Safety Administration (FMCSA) truck safety regulations. Among other things, trucking companies must:
- Ensure that their truck drivers meet minimum qualification standards;
- Make an effort to limit driver fatigue by restricting how much time a trucker can spend behind the wheel each week; and
- Conduct adequate pre-trip and post-trip safety inspections on their fleet of trucks.
If you or your loved one was hurt in a trucking accident in Monterey, CA or Santa Cruz, CA, it is imperative that your case is reviewed by an experienced injury attorney. Your lawyer will be able to determine if safety violations by the truck company contributed to the crash. Negligent companies must be held accountable.
Truck Accident Victims Deserve Full Compensation
If you were hurt in an eighteen-wheeler crash in the Central Coast region of California, you have a legal right to seek compensation for the full value of your losses. Trucking companies are usually represented by large insurance companies that are notorious for underpaying claims. Our Monterey and Santa Cruz truck accident lawyers will help you fight for every dollar you deserve. This could include money for:
- Damage to your vehicle;
- Emergency medical bills;
- Other related medical expenses;
- Any costs associated with rehabilitation;
- Lost current and future wages;
- Diminished earning capacity;
- Pain and suffering;
- Disfigurement or loss of limb;
- Loss of lifestyle enjoyment; and
- Wrongful death damages.
Common Causes Of Truck Accidents In Monterey
According to the California Highway Patrol, roughly 75 truck accidents in Monterey County happen each year. Collisions involving semi-trucks, tractor-trailers, construction vehicles, and other big rigs can cause major impacts on other drivers and passengers involved. The following details the ways they most frequently happen:
Aggressive Driving
Truck drivers work tight schedules. The speed at which they travel determines how much they get paid and return business. As a result, they often have little patience for others on the road and aggressive driving is common. Among the most dangerous aggressive driving behaviors they engage in include:
- Speeding and going too fast for conditions;
- Cutting other drivers off when passing;
- Following too closely, known as tailgating;
- Failing to yield at highway exits or entrances, at intersections, and in parking lots.
Drowsy Driving
The demands of driving a truck and their tight delivery schedules leave little time for days off, breaks, or sleep. Unfortunately, this makes drowsy driving a major risk. It is a common problem in the trucking industry and even missing just an hour of sleep can have the following impacts on driving abilities:
- Blurred and impaired vision;
- Diminished reflexes;
- Lack of coordination;
- Inability to pay attention and increased risk of falling asleep behind the wheel;
Rollover Accidents
With their high center of gravity, trucks are particularly susceptible to rollover accidents. One of the most common types of truck accidents in Monterey, often end up impacting motorists in all surrounding lanes. Common reasons they occur include:
- Taking turns and curves in the road at too high of speed;
- Driving a truck without a trailer;
- Uneven loading practice and shifting cargo;
- Tire blowouts and other mechanical failures.
No-Zone Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) advises motorists to be aware that trucks have large blind spots, frequently referred to as no-zones. Driving in these areas causes you to disappear from the trucker’s view and increases the odds of a crash. No zones are located in the following areas:
- In front of the truck, stretching out 20 feet;
- To the rear of the truck, extending 30 feet;
- On the truck driver’s side, extending the entire length;
- On the truck passenger side, extending the length and into two opposing lanes.
What Separates the Allen Law Firm in Trucking Accident Cases
California truck accident claims are deeply complex. There are many unique factors involved in these cases.
When we take on your claim, our Monterey truck accident attorneys work aggressively to ensure that the rights and interests of our clients are protected at every stage in the legal process. We will:
- Investigate your claim, gathering all relevant evidence;
- Work with medical professionals to get you the treatment you need;
- Take legal action, to get documents and records directly from the trucking company;
- Negotiate with the insurer for a full settlement; and
- If necessary, file a personal injury lawsuit on your behalf.
Finally, with our California truck accident attorneys, there are no upfront costs or hourly fees. We will only get paid if you win your case.
Get Legal Help With Your Truck Accident Case Now
At the Allen Law Firm, our Monterey truck accident lawyers have helped many victims recover full and fair compensation for their injuries. If you were hurt in a tractor trailer crash, please contact us today for a free legal consultation. With offices in Santa Cruz and Monterey, we represent victims throughout California’s Central Coast.
