General Information you need to know about your California Truck Accident Case
- If you have already been in a Truck accident in the State of California, we highly recommend that you stop reading right now, and call our law firm for a free telephone consultation at (800) 816-1529, Ext. 1. We will tell you over the telephone if we think that you have a case and whether we can help you.
- If we believe we can help you, and you decide to retain us, we can then send our investigator to you with all of the legal forms necessary for you to retain our law firm.
- If you do not have medical insurance or a medical provider, we can immediately refer you to an appropriate doctor near you for medical treatment. (Yes, even if you do not have medical insurance)
- Yes, this can all be accomplished with one phone call to our law firm. We try to make the process as simple as possible for you.
Big Rig Truck Accident Cases
There are many types of trucks on the road these days. There are Big Rig Trucks which are also known as Semi-Trucks. These types of truck usually have a removable main trailer that detaches from a cab which contains the engine. These trucks are also allowed to have a second trailer attached to the first trailer; this is known as a double.
The problem with Big Rig Trucks on the road is that they are huge, and drivers of these trucks have a blind spot where they cannot see cars or motorcycles next to them, or behind them. Some modern trucks have radar and cameras that attempt to make the blind spots visible.
These types of trucks also need plenty of room to stop because they are so big. Sometimes if a Big Rig truck brakes too hard it cases the rear trailer(s) of the truck to fishtail and take out traffic in the lanes next to the truck.
Big Rig Trucks also need to make very wide turns, especially on small streets. When turning cars to the left or rigtht could unwittingly end up in the trucks blind spot.
Big Rig Trucks also blow tires quite often because of the amount of miles they are driven. When these tires blow out, they usually throw the metal laced tire tread onto the road which then becomes a hazard to all traffic on the road behind the truck. The hazard remains well after the truck is gone.
Some trucks haul fruit, gravel, trash, or other loose items in open top trailers, sometimes the wind on the road causes whatever is in the open top trailer to blow onto the road, cars, or motorcycles behind the truck. Sometimes the debris causes injury truck accidents.
Another issue we have dealt with pertaining to Big Rig Trucks is on the back of their trailer there is a metal assembly that is supposed to be attached and is called an underride Guard. so that cars and other vehicles cannot go under the trailer in an accident. Sometimes this metal assembly is defective or does not go down enough to prevent a car from going under the trailer in an accident. Guards that are defective or do not comply with Federal Regulations account for fifty (50%) of underride deaths in the United States.
All of the items mentioned above pertaining to Big Rig trucks make them susceptible to truck injury accidents. Above all other vehicles, Big Rig trucks are a major accident hazard on the road.
Unfortunately for our society, the vast amount of consumer and business goods in our nation are shipped via Big Rig trucks, so unfortunately for us, they are a necessary evil.
With that being said there are hundreds of big rig truck accidents that cause personal injuries every year in California. The good thing about Big Rig truck accidents is that there is normally a commercial insurance policy on such trucks. The bad thing about big rig truck accidents are that because the trucks are so large and heavy, such accidents cause devastating property damage, injuries, and many wrongful deaths.
If you have been in a Big Rig Truck accident anywhere in California you may call us for a free consultation at 800-816-1529 x. 1.
Bobtail Trucks, Dump Trucks, Cement Trucks, and other kinds of Commercial Truck Accidents
The same information stated about Big Rig Trucks for the most part applies to other commercial trucks such as Bobtail trucks (trucks with an attached trailer), Dump Trucks, Cement Trucks and other types of commercial trucks.
If you have had an accident with any of these types of trucks, call us as soon as possible for a free consultation at 800-816-1529 x. 1.
Big Rig Truck and Other Commercial Truck Drivers
If you are the driver of a Big Rig Truck, Bobtail Truck, or other type of commercial truck and you are in an accident that causes you to be injured, and you are not at fault, our firm should be able to help you.
Furthermore, if you are employed by a trucking company you may actually have two cases, a case against the person causing the accident, and a workers compensation case against your employer. Even if you are at fault and you are injured, you should have a workers compensation case against your employer.
Like all accident cases, what you do immediately after the accident is critical. Read the below information for more insight into truck accident injury cases in California.
If you have been injured as the driver of a truck, call us for a free consultation at 800-816-1529 x. 1.
Pickup Trucks and other Small Truck Injury Accidents in California
If you have been in an accident where the other vehicle was a pickup truck or another small truck, or you were driving the pickup truck or other small truck, you accident is almost the same as having a car accident except for a few differences.
Most people including juries perceive pickup trucks and other small trucks to be much stronger than cars; therefore they do not expect persons inside the pickup trucks or other small truck to be injured unless there is massive damages to the pickup truck or other small truck.
Nothing can be further from the truth. Although many of these vehicles such as big heavy duty pickup trucks and other small trucks may have stronger reinforced bumpers compared to cars, pickup trucks and other small trucks usually have less cab space then cars, and most of the time their occupants can take a very hard impact even if there does not appear to be much property damage to the pickup truck or other small truck.
On the reverse side, if you are in a car that has been hit by a pickup truck or other small truck with a reinforced bumper, chances are you will suffer greater injuries and property damage than if you were hit by an average car.
Either way if you were hit by a pickup truck or other small truck, or you were the driver of the truck and you were injured, it is important to consult with a firm like ours as soon as possible.
We handle truck accident cases all over California; call us for a free consultation at 800-816-1529 x. 1.
TIME LIMIT TO FILE A LAWSUIT IN YOUR TRUCK OR MOTOR VEHICLE ACCIDENT (California STATUTE OF LIMITATIONS)
The present Statute of Limitations for filing a lawsuit for personal injuries related to a Truck accident in the State of California is two (2) years from the date of the truck accident. If you do not file a lawsuit within two (2) years, you lose your right to sue!
If any of the parties to a truck accident is a governmental entity such as county trucks,, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within 6 months from the date of the rejection.
The only time that you should ever wait two years to file a lawsuit in a Truck accident, is if you are presently treating with a medical provider for injuries sustained in the accident. In such cases your damages are not fully known (ripe).
What do you do if you are in a Truck Accident?
Being in a Truck accident can be one of the most traumatic experiences of your life, especially if you are seriously injured. Many people die each year in truck accidents in the United States.
If you are in any type of Truck accident, make sure you get a police report, especially if you are injured.
Many police agencies in California will not respond to what they consider to be minor Truck accidents. If you are in a Truck accident and you are injured, make sure you inform the police of this fact, and insist that someone come out to investigate the Truck accident and take a police report. This is very important for your case.
If you are able, try to get the names and addresses of any and all witnesses.
Do not make any statements at the scene of the Truck accident to anybody but the police.
If you are truly injured, call the paramedics or request that someone else call the paramedics for you. It’s better to error on the side of caution, than to find out later that you are seriously injured.
If the paramedics give you the option of not being transported to a hospital, tell them that you want to be transported to a hospital. By law the paramedics must transport injured persons to a hospital upon request. Again, it is better to error on the side of caution. We have seen all types of Truck accident victims, and many types of Truck accident injuries could result in internal bleeding or hidden damage that you might be aware of at the time of the accident. After a Truck accident, the chemical adrenaline is produced by the body which increases your heart rate. During this process the pain you are experiencing might not seem too severe.
We cannot tell you how many of our clients have been involved in Truck accidents and went home thinking that the pain they were feeling would go away, only to end up not being able to move a few hours later. GO TO THE EMERGENCY ROOM TO GET CHECKED OUT!
NEVER LEAVE THE SCENE OF a TRUCK ACCIDENT, THE REQUIREMENT OF THE EXCHANGE INFORMATION
California Law requires that all persons involved in a Truck accident to exchange driver’s license, Vehicle Registration, and insurance information with each other at the scene of an accident.
If you are physically able, you must also provide your driver’s license, vehicle registration, and insurance information to any other persons involved in the Truck accident.
Never leave the scene of a Truck accident without exchanging information. You could be charged with hit and run which is a felony and a crime in the State of California.
Do not drive down the street and then stop. We highly recommend that you leave your Truck where it is until the police arrive so that they can observe the position of the Truck or vehicle and do their report. Only if you have too, do we recommend moving your Truck out of traffic to the side of the road or medium of a freeway. ONLY MOVE YOUR TRUCK IF YOU HAVE TOO FOR SAFETY REASONS! In any case, never move your vehicle to a location where it can be construed by someone that you fled from the scene of a Truck accident!
Unfortunately many persons in the State of California drive illegally without Truck or motor vehicle insurance. It is for this reason that we always tell our clients to obtain Truck uninsured motorist bodily injury, and uninsured motorist property damage insurance coverage.
You may find out while exchanging information with the other motorist you had an accident with that they have some sort of excuse for not having a current proof of insurance Truck, or they may not even have a driver’s license. If this is the case, it is more likely than not that the other driver does not have insurance or a driver’s license. We do not recommend arguing with the other driver. Arguing can lead to physical violence. It’s bad enough that you just had an accident, the last thing you need is to go to jail for fighting with the other driver, or being physically assaulted. Use your brain! Get whatever information you can from the person even if they provide proper documentation.
When provided with the things mentioned above, write everything down in detail, i.e., Full Name, Address, Driver’s License Number, Date of Expiration, Date of Birth, Hair Color, Height, Weight, Restrictions, Insurance Company name, address, and telephone number, Insurance policy number, date of expiration of insurance, Year, Make, Model, License Plate, Vehicle Identification Number, and Color of all vehicles involved in the accident, Registered owner of vehicle, address, etc.
In other words, write down every piece of information from each of the items given to you by the other driver. It will only help us to prosecute your case!
Here are some things that you might try to write down aside from the required information mentioned above:
Were any of the parties involved in the Truck accident driving a commercial vehicle, truck, van, and/or working at the time of the accident?
Any statements made by any of the persons involved in the Truck accident.
A full description (race, height, age, weight, hair color and style, clothes, etc.) of each driver involved in the Truck accident.
Whether any persons in the Truck accident were wearing eye glasses or sun glasses.
Whether any persons involved in the Truck accident appeared to be intoxicated.
Passenger information for all vehicles involved in the Truck accident.
Whether the windows of any of the vehicles involved in the Truck accident were tinted.
Whether any persons involved in the Truck accident talking on the cell phone at the time of the accident. (their cell phone records can be obtained by us through subpoena if we are forced to litigate)
The facts of the Truck accident as you understand them.
All witness names, addresses, telephone numbers, vehicle types, license plate numbers, etc. (sometimes witnesses will offer to help at the scene of the Truck accident, but then become unavailable or refuse to return phone calls or mailings after the fact. Getting detailed information from them including their vehicle information may help us to locate them if necessary or they become non-cooperative.)
If you are physically able, call our office at (800) 816-1529, Ext. 1, from the scene of the Truck accident, and we will try to immediately dispatch an investigator to the accident scene, depending upon where you are and the facts of the accident. If you cannot call us, try to contact level headed relatives or friends to come to the scene of the accident. They can not only help you to obtain information, but they can also act as witnesses to statements made by persons involved in the accident, property damage, and your injuries. Witnesses are always a good thing, especially if they are helpful to your case! They can also assist you in removing belongings from your vehicle if necessary, and give you a ride if you Truck needs to be towed.
Following our advice will in the end help us to prosecute your case.
What do you do with your Truck After an Accident?
You have been involved in a Truck accident or other motor vehicle accident, what do you do with your Truck?
Before discussing this subject, we want to discuss the subject of “Road Side Assistance Plans,” such as AAA, On Star, and/or insurance company provided plans.
We recommend that you always have a Road Side Assistance plan because it will not only help you out if your Truck breaks down, you lock you keys in the Truck, or run out of gas, and can also save you lots of grief if you do have an Truck accident.
There are two types of accidents; (1) The type where your Truck is totaled and/or not drivable; and the type of accident where you Truck is drivable. There is also the situation where you may be too injured to make any decisions about your Truck at the scene of an accident. We will not discuss that scenario right now.
If you vehicle is obviously totaled and/or not drivable, and you are able, we first recommend if you are able too, that you call your insurance company from the scene of the accident to report the accident. Your insurance company should be able to give you a list of approved Truck body shops that you can have your Truck towed too nearby, and you may find out that your insurance company will cover the cost of the tow. Often times your insurance company may arrange to have the Truck towed to the nearest approved Truck body shop. Using this process will also help speed up the process of the insurance company’s investigation, appraising the damage, and either having the Truck repaired or totaling the Truck. However, some insurance companies will not assign an adjuster to your case for 24-48 hours. Either way, try your insurance company first.
If the above is not possible, and you are in a situation where you can call your road side assistance company, call them, and inform them that you have been in an accident and ask them to send a tow truck to tow your Truck. With most road side assistance programs this service is free. If you allow the police to have your Truck towed, your Truck will usually be taken to a tow lot that will then charge you for the tow and storage until your Truck is removed from their lot. Although your insurance may pay for this, it will be harder to get your personal belongings out of the Truck in the short term.
If you Truck or vehicle is SAFELY drivable, then immediately drive it home or to your Truck body shop to have get an estimate of the damage. It is very important to get the estimate in writing.
The Necessity of retaining a Truck Accident Lawyer or Truck Accident Attorney
The above information is just a small part what you need to know when dealing with accidents.
As a firm that handles personal injury cases, including all types of Truck, motorcycle, truck, bus, and other motor vehicle accidents, we must above all, highly recommend that you retain a lawyer to represent you in your accident case. Preferably within the first 24-48 hours of the time the accident occurred.
We have dealt with many people who thought they could do it on their own without a lawyer, who in the end either by their own words or conduct unintentionally sabotaged their own case, or settled their case for a small fraction of what their case was actually worth.
More than anything, we dislike having to tell someone who attempted to handle this complex area of the law on their own, that there is nothing we can do for them because they already settled their case, or they waited too long to file suit, etc.
Our purpose as a law firm is to provide you with aggressive, competent legal representation on your case. The word competency is not just some marketing term. Competency means that you have the someone has the expertise and knowledge to handle something.
The Law Offices of Norman Gregory Fernandez has the level of competency necessary to get you maximum results in your case.
We have what it takes to prosecute your case. Don’t be a fool, and try to represent yourself. Lawyers are here for a reason; because we know the system and how to navigate through it. We know what you are entitled too and how to get it either through settlement or litigation.
You may call us now for a free consultation on your case at (800) 816-1529, Ext. 1; you have nothing to lose except the money you may be entitled to in your case!