Have you suffered serious injuries in a truck accident in Oceanside, CA? You may be entitled to seek compensation for medical bills, lost earnings, and your pain and suffering. Call to discuss your case with an experienced Oceanside truck accident lawyer at Mission Personal Injury Lawyers today.
Our lawyers have been fighting to protect accident victims across Southern California for over four decades. We’ve recovered tens of millions of dollars over the years.
It’s important to take legal action quickly after a truck accident. Call our law offices in Oceanside, California, to schedule a free consultation today.
Table of Contents
How Mission Personal Injury Lawyers Can Help After a Truck Accident in Oceanside
At Mission Personal Injury Lawyers, we believe accident victims deserve time to recover from their injuries–without worrying about fighting with the insurance company. With over 43 years of experience, we know the California personal injury laws inside and out. We’re here to provide the legal representation you deserve after your truck crash.
Our award-winning law firm has a 99% percent success rate when it comes to recovering fair compensation for our clients. Moreover, our Oceanside personal injury lawyers have been listed as Super Lawyers, Rising Stars, and Best of the Bar.
When you choose us, you can count on your lawyer to:
- Handle all legal paperwork and administrative work
- Perform a comprehensive investigation and locate the evidence to build your case
- Work with respected specialists to accurately value your personal injury claim and prove your case
- Negotiate with the other driver’s insurance companies on your behalf
Most of the time, you’ll have to negotiate with a commercial insurance company after a truck crash. The trucking company’s lawyers will work hard to downplay their own fault. Our Oceanside personal injury attorneys are here to protect your best interests.
Call us today to schedule a free consultation to get the legal advice you deserve.
How Common Are Truck Accidents in Oceanside, CA?
The Federal Motor Carrier Safety Administration (FMCSA) reports data on large commercial truck accidents across the United States. In 2019, 5,005 large trucks were involved in fatal truck accidents in the U.S.
The FMCSA also keeps track of which states are the most dangerous based on the frequency of truck accidents. Not surprisingly, California is one of the deadliest. Almost 3,000 fatal truck wrecks happened in the state of California over a ten-year period.
According to provisional data from the California Highway Patrol, there were 352 truck accidents in San Diego County during 2020. Twelve of those truck wrecks happened within the Oceanside city limits.
In San Diego County, 19 people were killed, and at least 431 were injured in large truck crashes during 2020.
What is My Oceanside Truck Accident Case Worth?
We have to investigate before we can value your personal injury case properly. Any car accident lawyer that tells you otherwise isn’t being straightforward. After all, your case is different than anyone else’s.
The following factors will be important:
- The cost of your medical treatment and out-of-pocket expenses
- Whether you will lose income during and after recovery
- Your physical and emotional suffering–both during and after recovery
- The strength of your negligence case
- Whether you contributed to the crash
- Available insurance coverage
Calculating your losses can be challenging. We’ll consider both your past expenses and your anticipated future needs–including future medical costs and lost earning capacity. It can also be difficult to put a price on your pain and suffering.
Often, testimony from expert witnesses will help us understand the extent of your future expenses and non-financial losses.
Our Oceanside auto accident attorneys have one goal: getting you the maximum compensation you deserve. We’ll use all of our skills and resources to recover the money you need. Call our law firm for a free case evaluation today to learn more.
What Types of Damages Are Available to Truck Accident Victims?
Two basic types of damages are available under California personal injury laws: economic damages and non-economic damages.
An economic damages award should cover all of your financial losses, including:
- Past and future medical expenses
- Lost wages and income
- Loss of future earning potential
- Rehabilitation and nursing care
- Property damage
While your non-economic damages can be difficult to value, they can greatly increase the size of your settlement.
Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Chronic pain
- Physical disfigurement or scarring
- Anxiety, depression, or PTSD
- Loss of consortium
The insurance company will work to downplay these damages. Our experienced Oceanside truck accident attorneys at Mission Personal Injury Lawyers are prepared to help you fight back.
Can I Recover Damages If I’m Being Blamed for a Truck Accident in California?
California has pure comparative negligence laws. You won’t lose your right to compensation if you’re being blamed for contributing to an accident — unless you were 100% responsible for the crash. Anyone else who was partly responsible can also be held liable for damages.
However, you won’t be able to recover your full compensation. Instead, your damages will be reduced according to your share of fault. For example, if you were 40% liable, you can recover 60% of your damages.
The contributory fault rule can make it difficult to recover full compensation. Insurance companies usually try to use this rule to minimize their own liability. If shared fault is an issue, call our lawyers in Oceanside for a free case review today. We’ll do everything we can to minimize the impact of the shared fault rules.
We’ll Fight to Recover Compensation for All of Your Truck Accident Injuries
Semi-trucks, tractor-trailers, and big rigs can cause devastating injuries. Our car accident attorneys in Oceanside understand how these injuries can change your life. We’re committed to recovering the full compensation you need to move forward.
We often represent clients who have sustained:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Nerve damage
- Whiplash injuries
- Soft tissue injuries
- Seat belt injuries
- Back injuries
- Organ damage and crushing injuries
- Severe burns
- Amputation injuries
- Paralysis, including quadriplegia and paraplegia
- Catastrophic injuries
Because trucks are so large and heavy, occupants of smaller passenger injuries often suffer fatal injuries. If you lost a loved one, we can help you seek compensation for wrongful death.
What Causes Most Truck Accidents in Oceanside, California?
Human error is a leading cause of trucking accidents in the U.S. In fact, studies have found that about 87% of all large truck accidents are caused by driver error.
More specifically, some of the most common causes of truck accidents in Oceanside are:
- Distracted driving
- Aggressive driving
- Fatigued driving and violation of FMCSA hours-of-service regulations
- Failure to yield the right-of-way
- Failure to check the vehicle’s blind spots
- Failure to account for longer stopping times
- Inexperienced drivers
- Unsafe passing
- Dangerous lane changes or turns
- Traffic violations
- Running a red light or stop sign
- Drunk driving
- Driving under the influence of drugs
Trucking companies also have a duty to maintain their vehicles in safe condition. Dangerous truck accidents can happen because of:
- Worn tires
- Faulty brakes
- Defective safety equipment
- Steering failures
- Failure to properly connect the “tractor” to the “trailer”
- Overloading the vehicle’s cargo
- Failure to properly secure cargo
Manufacturers of defective truck equipment can be held strictly liable for harm caused by those defects. In other cases, truck drivers and companies can be held liable for negligence.
How Do I Prove Negligence After a Truck Accident in California?
Most truck crashes happen because someone was careless or reckless. However, you shouldn’t expect the responsible party to step up and take blame. To recover compensation, you’ll have to prove who was responsible. That typically means proving negligence.
To prove negligence under California law, you must establish:
- A legal duty of care
- A breach of duty
- That the breach caused your accident
- You suffered damages in the crash
Commercial truck drivers are usually employees. That means their employers can be held vicariously liable for the driver’s negligence.
Other parties who may share responsibility include:
- Inspection companies
- Cargo loading companies
- Government authorities
- Third-party drivers, bicyclists and pedestrians
- Manufacturers of defective trucks or safety equipment
Our lawyers will work tirelessly to determine who was responsible–and why. We’ll interview witnesses, analyze the vehicle’s black box recording device, and even search for video surveillance footage of the crash. In particularly complex cases, we’ll bring in accident reconstruction specialists to help us understand what happened.
How Long Do I Have to File a Lawsuit After a Truck Accident in California?
In California, the statute of limitations in personal injury cases is only two years. If you don’t file a personal injury lawsuit within two years of the crash, you lose your right to seek damages.
Contact an Oceanside Truck Accident Lawyer for a Free Consultation
Are you or a family member struggling with painful injuries after a truck accident? Call an experienced Oceanside truck accident lawyer at Mission Personal Injury Lawyers today. Your initial consultation is free, so don’t hesitate to reach out for help today.