Truck accidents often result in severe injuries and significant financial burdens due to the sheer size and weight of commercial trucks. At Kashou Law, APC, we understand the devastating impact that truck accidents can have on victims and their families. Victims of truck accidents face the challenges of complex liability issues, aggressive insurance companies, and the aftermath of catastrophic injuries. Handling this type of accident claim requires experienced legal representation. At Kashou Law, you are not just another case – you are a valued client who deserves personalized care and attention. Our San Diego accident attorneys at Kashou Law is committed to thoroughly handling each case and being the solution for your legal concerns so you can focus on recovery. Trust us to handle your San Diego truck accident claim, and we will fight to get you the justice and compensation you deserve. Contact us today to discuss your case and learn how we can help you move forward.
Common Causes of San Diego Truck Accidents
Due to the size and weight of commercial trucks compared to passenger vehicles, San Diego truck accidents can be catastrophic. Some of the most common causes of San Diego truck accidents we see at Kashou Law include:
- Driver Fatigue: Fatigued driving significantly increases the risk of accidents.
- Distracted Driving: Distracted driving is a leading cause of truck accidents
- Speeding and Reckless Driving: Exceeding the speed limit or driving too fast for road conditions.
- Improper Maintenance: Mechanical failures due to poor maintenance can cause the driver to lose control of the truck, leading to accidents.
- Overloaded or Improperly Loaded Cargo: Trucks carrying too much weight or improperly secured cargo that causes the driver to become unstable.
- Driving Under the Influence: Operating a truck while under the influence of alcohol or drugs.
- Inadequate Training: Inexperienced or inadequately trained drivers may not have the skills needed to handle large trucks safely, leading to accidents.
- Failure to Follow Traffic Laws: Ignoring traffic signals, stop signs, or other road regulations.
- Blind Spots: Accidents can occur if a truck driver changes lanes or turns without seeing a vehicle in their blind spot.
Potential Liable Parties in San Diego Truck Accidents
Determining liability in truck accidents can be complicated due to multiple parties involved. Identifying all potentially liable parties is important to maximize your potential compensation. The driver of the commercial truck is the most obvious party, especially if the driver was acting negligently. If the driver was employed by a trucking company, the company can also be held liable under vicarious liability, provided the employee was acting under the scope of work. The truck company can also be liable if the vehicle was not maintained properly, such as having known mechanical issues.
Other potential parties that could be secondarily liable include a cargo loader if improper loading contributed to the accident; the manufacturer of the vehicle or parts if a deficient mechanical failure under normal wear and tear contributed to the accident; and other third-parties who may have contributed to the accident. Whoever is liable for a trucking accident will be held accountable by our accomplished San Diego commercial vehicle accident lawyers.
Types of Collisions in San Diego Truck Accidents
Due to the size of trucks, there are various types of collisions that are specific to San Diego truck accidents. Some common types of collisions in San Diego truck accidents include:
- Side-Impact Collisions (T-Bone): Often at intersections, these occur when the front of a truck crashes into the side of another vehicle.
- Rollovers: When a truck tips over onto its side or roof due to high speeds, sharp turns, or shifting cargo.
- Rear-End Collisions: Truck crashes into the vehicle in front of it caused by driver inattention, tailgating, or failure to stop in time due to heavy loads or brake issues.
- Jackknife Accidents: Truck’s trailer swings out to the side, forming a 90-degree angle and often caused by sudden braking, slippery road conditions, or improper braking.
- Head-On Collisions: Truck collides with another vehicle coming from the opposite direction. Typically results in catastrophic injuries or fatalities.
- Underride Accidents: Smaller vehicle slides under the rear or side of a truck that can result in devastating injuries or fatalities to the occupants of the smaller vehicle
- Sideswipe Collisions: Occurs when the side of a truck collides with the side of another vehicle often during lane changes or merging.
- Wide Turn Accidents: Truck makes a wide turn and collides with other vehicles or objects.
How to Establish Fault After a Truck Accident
One of the most important steps in filing a claim after a truck accident is to prove fault. That means the victim must prove that the injuries were due to the negligence of the at-fault party. To prove negligence, you must show the following occurred:
- A duty of care was in place. As a truck driver operating on the roadway, they owe any other driver a duty of care. Truck companies owe others a duty to ensure their driver is safe and skilled.
- The duty of care was breached. The at-fault party did something that caused the duty of care to be breached. This could include driving and texting, a mechanical failure due to poor maintenance, or cargo that comes loose and causes a shift in the truck.
- The breach directly caused the accident. The driver’s actions or inactions caused the accident to occur. The driver testing did not see a car changing lanes in front of them, for example.
- The breach led to losses for the victim. That means you suffered financial, physical, and emotional damage from the incident.
With this information, it is then possible to build a case by identifying the at-fault party. That could be the truck driver, the trucking company, a third party, or another party.
How Long Do I Have to File a Truck Accident Claim in San Diego?
When a truck accident occurs in San Diego, victims should report the incident to the police immediately and then file an initial statement of what occurred to the insurance company. The insurance company may require accident reporting within 30 days.
Under the state’s laws, victims have two years from the date of the accident to file a civil lawsuit against the at-fault party. That means you must be ready to file a claim in a court of law within two years. If this does not happen, it could mean you cannot recover the damages rightfully owed to you. Seek out the help of a San Diego truck accident lawyer for helping to move your claim forward.
How Much Is My Truck Accident Claim Worth?
The value of a truck accident is dependent on numerous factors, including the severity of the accident, the type of damage and injuries suffered, and the long-term implications on your health and well-being.
You can recover damages for any losses you have suffered. Examples of this include:
- All medical expenses in your case. That includes emergency medical care received, ongoing medical care needs, medications needed, physical therapy, and emotional care.
- Lost time and wages from being unable to work
- Pain and suffering
- Mental anguish claims
- Property damage
- Loss of earning capacity
- Loss of quality of life
Your San Diego truck accident lawyer will develop a legal strategy for recovering any claims owed to you. This will occur after a thorough investigation of all losses you have suffered. Do not wait to seek out legal guidance, as it could play a critical role in your ability to seek full damage recovery.
Lane Restriction Laws in San Diego Truck Accident Claims
Specific lane restrictions are imposed on large trucks In San Diego to ensure the safe flow of traffic and reduce the risk of accidents. California Vehicle Code § 21655 provides the following:
“(a) Whenever the Department of Transportation or local authorities with respect to highways under their respective jurisdictions determines upon the basis of an engineering and traffic investigation that the designation of a specific lane or lanes for the travel of vehicles required to travel at reduced speeds would facilitate the safe and orderly movement of traffic, the department or local authority may designate a specific lane or lanes for the travel of vehicles which are subject to the provisions of Section 22406 and shall erect signs at reasonable intervals giving notice thereof. (b) Any trailer bus, except as provided in Section 21655.5, and any vehicle subject to the provisions of Section 22406 shall be driven in the lane or lanes designated pursuant to subdivision (a) whenever signs have been erected giving notice of that designation. Except as otherwise provided in this subdivision, when a specific lane or lanes have not been so designated, any of those vehicles shall be driven in the right-hand lane for traffic or as close as practicable to the right edge or curb. If, however, a specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, any of those vehicles may also be driven in the lane to the immediate left of that right-hand lane, unless otherwise prohibited under this code. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is entering into or exiting from a highway or to a driver who must necessarily drive in a lane other than the right-hand lane to continue on his or her intended route.”
What this means is that trucks with three or more axles, as well as trucks towing another vehicle, must drive in the right-hand lane on highways with three or more lanes in each direction. This restriction is designed to keep slower-moving and larger vehicles out of the faster lanes, thus promoting smoother traffic flow and reducing the likelihood of collisions. There are exceptions to this rule, allowing trucks to use other lanes under certain conditions. For example, trucks may use the second lane from the right for overtaking and passing other vehicles when it is safe and legal to do so. Additionally, if a highway has four or more lanes in each direction, trucks are permitted to use the two rightmost lanes. In the event of an accident involving a truck in a restricted lane, violation of these laws can be used as evidence of negligence, potentially increasing the truck driver’s liability.
Speed Limit Laws in San Diego Truck Accident Claims
California law imposes specific speed limits for large trucks and vehicles towing other vehicles to enhance road safety and manage traffic flow. The speed limit laws are contained in California Vehicle Code § 22406:
“22406. No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour: (a) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle. (b) A passenger vehicle or bus drawing any other vehicle. (c) A schoolbus transporting any school pupil. (d) A farm labor vehicle when transporting passengers. (e) A vehicle transporting explosives. (f) A trailer bus, as defined in Section 636.”
What this means is that trucks with three or more axles, and those towing another vehicle, are legally required to adhere to a maximum speed limit of 55 MPH on all highways in California. This regulation helps to ensure that these heavier and potentially more dangerous vehicles maintain a speed that is safe for all road users. The reduced speed limit is intended to decrease the risk of accidents involving large trucks, which can have severe consequences due to their size and weight. In the event of an accident, exceeding the speed limit can be used as evidence of negligence.
Trust Kashou Law with Your San Diego Truck Accident Claim
When you or a loved one has been involved in a truck accident, choosing the right legal representation is important to securing the justice and compensation you deserve. Here’s why you can trust Kashou Law with your San Diego truck accident claim:
- Personalized Attention and Dedication: One of the key advantages of choosing Kashou Law is the personalized attention you receive. Unlike larger firms where cases can be handed off to junior associates, Justin personally oversees each case from start to finish.
- Knowledge of Trucking Regulations: Justin S. Kashou brings extensive experience in handling truck accident cases. He understands the trucking industry’s regulations issued by the Federal Motor Carrier Safety Administration (FMCSA).
- Clear Communication of Laws: Our team will provide clear, jargon-free communication and keep you informed at every stage of your case, alleviating the stress and burden on you so you can focus on your recovery.
Contact Our San Diego Truck Accident Lawyer Today
If you or a loved one has been involved in a San Diego truck accident, the road to recovery and justice can be challenging. At Kashou Law, we are here to help you every step of the way to recover from your severe injuries. Justin S. Kashou leverages his experience and thorough understanding of truck accident laws to advocate effectively on your behalf. Our goal is to alleviate the stress and burden on you so you can focus on your recovery while we handle the legal challenges. Don’t face this feat alone. Contact Kashou Law today for a free consultation at (619) 963-2030. Let us help you take the first step toward recovery and securing the compensation you deserve.