Chino Truck Accident Lawyer

Chino Truck Accident Attorney

When it comes to truck driving accidents, there are often several details to work out. Sometimes, it is more complex than just holding the driver liable for their negligence. The truck driver’s employer or the owner of the truck may become involved, especially if the accident was due to their negligence. While there are federal truck driving laws, each state has its own laws as well. If you’ve been involved in a truck driving accident, a Chino truck accident lawyer can help you.

Choose a Law Firm You Can Trust

By filing a claim for a truck driving accident, you can recover the damages you incurred. The lawyers at Karlin & Karlin have a history of dealing with these types of cases, and a personal injury lawyer from our firm can help you seek compensation that fully covers your losses. We have seen many of our clients receive settlements, some of up to hundreds of thousands of dollars, to recover what they’ve lost.

We handle each case with care and attention, making sure that your rights are defended and your desires are heard. We can help you gather all the legal documentation you need. Our lawyers focus on the legal side of things so that you can focus on recovering from such a difficult time.

Truck Driving Laws

Operating a truck is significantly different than operating a car. Trucks generally have to travel much farther than the average person who drives a car. In addition, a truck will generally cause much more damage to another driver than a car will. For this reason, truck drivers must follow a certain set of laws in order to minimize the risk of accidents.

• Time limits on driving: Truck drivers are only permitted to drive a certain number of consecutive hours while on the road. Driving beyond this limit is likely to bring on fatigue and drowsiness. When someone is fatigued or drowsy, it slows their inhibitions and decreases their ability to operate a vehicle, as well as decreases their ability to respond quickly in an emergency. The law also dictates how much time must pass between shifts.
• Regularly scheduled maintenance: Trucks must undergo regular maintenance to ensure that everything is working properly. Faulty equipment increases the risk of an accident. Mechanical issues, such as faulty tires, worn brakes, or broken internal communications, are some of the leading causes of truck driving accidents. Regular maintenance helps to decrease these risks.
• Testing for controlled substances: Driving while intoxicated is illegal across the United States. Truck drivers must undergo testing to ensure they are not on any controlled substances.
• Insurance requirements: There are both state and federal laws that require truck drivers to have certain types of insurance. These requirements are imposed on both the owners and operators of the trucks.
• Other Requirements: Some other truck driving laws include those regarding how much weight a truck can haul, freight safety, and recording driving in logbooks.

Liability in a Truck Driving Accident

If the truck is the vehicle that caused the accident, the liability sometimes falls on the driver. Other times, it can fall on the owner of the truck, the truck driver’s employer, a manufacturer of the truck parts, a combination of the three, or another party entirely.

California is a pure comparative liability state. This means that a plaintiff could recover damages even if they were partially or even mostly at fault. For instance, if it is determined that the plaintiff was 75% at fault on a $10,000 claim, the plaintiff could be awarded $10,000 minus 75%. They would be awarded $2,500.

Determining the Liable Party

When determining liability, a lawyer may first look to see if the truck driver was an independent contractor or an employee of an entity. Some companies will declare that a driver is an independent contractor to avoid liability, but there are things that a lawyer will look for to determine if the driver qualifies as an employee under the law.

If the driver did not exercise the proper duty of care on purpose, the employer will likely not be held liable, regardless of whether the driver was an independent contractor or not. An example would be if a truck driver purposely rear-ended you because you cut them off in traffic. This is also considered an intentional tort, which absolves employers from liability, as it is not a reasonable way for an employee to act. In this instance, the driver alone would be held responsible.

An employer could, however, be held liable if the driver was working for the employer’s benefit at the time of the accident. Essentially, a court will look at the details of the job the driver was performing at the time to determine the level of liability an employer would have. If it is determined that the driver was operating “within the scope of employment,” the employer would likely be held liable.

At times, there may be instances where multiple parties are liable. For instance, the driver may be liable for falling asleep behind the wheel and losing control of the car, but if a tire blew due to a manufacturer issue, initially beginning the collision, both the driver and manufacturer can be held liable. If reaching an out-of-court settlement, the two defendants will have to decide how much each one is responsible. If they do not reach an agreement, they can let a jury decide.

Damages in a Truck Driving Accident

Because trucks are so much larger and heavier than the average car, they inflict more damage to property and people in an accident. Some common injuries in a truck driving accident include:

• Head injuries
• Neck injuries
• Whiplash
• Fractures
• Broken bones
• Nerve damage
• Burns
• Muscle damage
• Spinal cord injury

If someone suffers any of these or another injury in Chino, CA, they have a right to file a claim against the liable party. Depending on the severity of the accident and injuries, a person may claim both economic and noneconomic damages.

• Economic damages: Economic damages include medical bills, lost income, loss of future earnings, and any follow-up medical care for injuries, such as physical therapy.
• Noneconomic damages: Noneconomic damages are damages incurred that do not have an associated evident cost. These include pain and suffering, post-traumatic stress, loss of quality of life, and emotional distress.
• Punitive damages: Punitive damages are meant to punish the liable party for their negligent behavior. An example of this would be driving recklessly.

What to Do After a Truck Accident

If you are involved in a truck accident, the first thing you will want to do is seek medical attention, especially if you are suffering from intense injuries. If you do not have immediate injuries, you will want to check on other people in your vehicle and the truck driver to ensure they do not need medical attention.

Next, you should contact authorities right away. Gather any evidence of the accident that you can. This includes eyewitness contact information, photos and videos of the scene, and the contact information of the truck driver.

FAQs

Q: How Much Do Accident Attorneys Charge in California?

A: Many accident attorneys charge between 30-40% of their client’s damages in California. This is a contingency payment structure. When an accident lawyer and a client agree on a contingency fee, the client does not owe their attorney any payment upfront. The attorney’s fee is 30-40% of the compensation the client receives.

Q: How Much Is a Whiplash Claim Worth in California?

A: A whiplash claim can be worth as low as a few thousand dollars to over $100,000 in California. Whiplash claims are based on the details surrounding the accident. If the victim suffered only minor injuries, they can receive a few thousand dollars. If the whiplash results in more long-term consequences and serious injuries, the victim can file a claim for more compensation, as they will require more care.

Q: What Is the Statute of Limitations for a Truck Driving Accident?

A: Truck accident claims are a type of personal injury claim. The statute of limitations on a truck driving accident is two years, like most other personal injury claims. This means that the injured party has two years from the day of the accident to file a claim against the liable party. If you do not file within this time frame, your case will most likely not go to court. Speak with an attorney to discuss exceptions to this law.

Q: How Long Does It Take to Get a Settlement in California?

A: It can take a few weeks to a few months to get a settlement in California. The amount of time it takes to get a settlement is dependent on how long it takes both sides to reach an agreement. If both sides agree fairly quickly, it could only take a couple weeks to receive the settlement. If the two sides cannot agree, it will take much longer.

Contact Karlin & Karlin Today

If you have been injured in a truck driving accident, Karlin & Karlin can help you receive the compensation you deserve. Our qualified lawyers can fight for the damages you incurred during this difficult time. Contact us today to get started.