San Diego Truck Accident Lawyer
Have you or someone you love been seriously hurt in a truck accident in San Diego, CA? An experienced San Diego truck accident lawyer from Mission Personal Injury Lawyers, P.C. may be able to help. You may be eligible for compensation from the party at fault for your medical bills, and other damages. Contact us at (619)777-5555 to schedule a free consultation.
For over 25 years, our injury lawyers have fought for accident victims at the negotiation table and in the courtroom.
Contact our law office to discuss your case and how we can help you.
How Mission Personal Injury Lawyers, P.C. Can Help After a Truck Accident in San Diego
At Mission Personal Injury Lawyers, P.C., we believe that truck accident victims deserve better than lengthy battles with insurance companies and unfair settlement offers. We are committed to fighting for the maximum compensation you deserve to help you move forward with your life and get the quality medical care you need.
Mission Personal Injury Lawyers, P.C. is an award-winning personal injury law firm that has proudly represented San Diego, California residents for over 25 years. Our San Diego personal injury attorneys have earned numerous accolades, including the Lawyers of Distinction Award, The National Trial Lawyers Top 40 Under 40 award, and the San Diego Business Journal’s Best of the Bar, to name a few. We boast a 10.0 Superb rating on AVVO based on our successful track record and reputation for putting clients first.
When you choose Mission Personal Injury Lawyers, P.C. to represent you in your truck accident claim, you can count on us to:
- Offer sound legal advice and guidance through every stage of your case
- Conduct an independent investigation of your truck crash with the help of experts
- Work with experts in numerous fields to prove causation, liability, and the value of your damages
- Fight back against victim-blaming and attempts to shift liability
- Negotiate with insurance companies on your behalf
- Present a compelling case to a jury to seek maximum compensation if a fair settlement isn’t reached
We have recovered tens of millions for our clients, including a recent $3.2 million trucking accident settlement. The San Diego truck accident lawyers at Mission Personal Injury Lawyers, P.C. are not afraid to take your case to court and fight the insurance company for you. Call our law firm today to schedule a free consultation to find out how we can help you.
How Common Are Truck Accidents in San Diego, CA?
California is second in the nation after Texas for fatalities in truck accidents, according to the Federal Motor Carrier Safety Administration (FMCSA). In 2017 alone, there were 361 fatal crashes involving commercial trucks in the state.
According to National Public Radio, truck driving is the leading occupation in California and 28 other states. Truck drivers drive the U.S. economy. However, large commercial trucks on California highways and roads also represent a real threat.
Despite accounting for just 4% of vehicles on national highways, commercial trucks are involved in 13% of fatal collisions. When a large truck collides with a much smaller passenger vehicle, the result is often fatal – especially for passenger vehicle occupants. Around 96% of fatalities in these crashes involve occupants in passenger cars, not truck drivers.
What Is My Truck Accident Case Worth?
There are many factors that affect the value of your truck accident claim. Your San Diego truck accident lawyers will build a persuasive case that considers:
- Severity and type of your injuries
- Cost of medical treatment, including the anticipated future expenses you will face
- Lost income including reduced or lost earning capacity in the future
- Loss of employment benefits
- Loss of a normal life, including the personal and emotional losses you suffer
- Pain and suffering, mental anguish, and emotional distress
- Disfigurement and disability
- Whether liability is clear in your case
- Circumstances of your case
To prepare for your truck accident lawsuit, Mission Personal Injury Lawyers, P.C. will carefully assess all of your damages to accurately value your case.
What Kind of Damages Are Available to Truck Accident Victims in California?
As the victim of a truck accident, you may be entitled to compensatory damages for your economic and non-economic damages. Economic damages have a dollar value and compensate for your financial costs. Non-economic damages do not have a clear financial value and compensate for emotional, physical, and mental suffering and anguish.
Depending on the details of your case, you may qualify for damages for:
- Medical bills, both current and future
- Property damage
- Lost wages, including lost or reduced earning capacity and lost employment benefits
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment in life
- Loss of consortium with a partner or spouse
Some truck accident cases qualify for punitive damages. A jury may award these damages if the defendant acted to intentionally harm you or with extreme recklessness. These damages may be available due to drunk driving, destroying evidence, regulatory violations, or the employment of unsafe drivers.
Can I Recover Compensation if I’m Being Blamed for a Truck Accident in California?
You are still entitled to recover compensation if you are partially at fault for a truck accident in San Diego. California uses a pure comparative negligence rule that allows you to collect money even if you are 99% at fault.
However, it’s crucial to remember that your damages will be reduced according to your assigned share of fault. If you suffer $50,000 in damages but are found 80% at fault, your damages will be reduced by 80% ($40,000) to $10,000.
The insurance company will use this rule to shift as much blame as they can to you or other negligent parties. It’s crucial to work with an experienced personal injury lawyer in San Diego to fight back against the insurance company’s attempts to shift blame.
We’ll Fight to Recover Compensation for All of Your Truck Accident Injuries
At Mission Personal Injury Lawyers, P.C., we recognize just how traumatic a serious truck accident can be. You may be left with life-changing injuries, an inability to work, and emotional and psychological damage after your crash.
We fight for full compensation for:
- Back injuries
- Brain injuries
- Broken bones
- Catastrophic injuries
- Eye injuries
- Internal organ damage
- Nerve damage
- Spinal cord injuries
- Wrongful death
We will also fight for compensation for the injuries that can’t be seen. This includes post-traumatic stress, depression, anxiety, reduced quality of life, and pain and suffering.
What Causes Most Truck Accidents in San Diego, California?
Accidents involving a tractor trailer, big rigs, or other large commercial vehicles often have many causes. However, a truck crash usually results from negligence, whether it is committed by the truck driver, another driver, the trucking company, or someone else.
The Large Truck Crash Causation Study identified the folowing leading causes of truck accidents in the United States:
- Driver fatigue, for example, when a truck driver remains on the road for too long and violates FMCSA hours-of-service regulations.
- Distracted driving
- Reckless driving
- Drugged driving or drunk driving
- Brake problems
- Unfamiliarity with the roadway
At Mission Personal Injury Lawyers, P.C., we will conduct a full investigation into your crash to determine how and why it happened and which parties may be liable for your injuries.
How Do I Prove Negligence After a Truck Accident in California?
Unlike the majority of car accidents, many parties may be negligent in a trucking accident in San Diego. This includes the truck driver, the trucking company, the truck owner, the leasing company, contractors and subcontractors, and more. Depending on the cause of your accident, the company that loaded the cargo may even be partially at fault. In some cases, you can sue the manufacturer of the truck for defective truck parts.
Your San Diego truck accident attorney at Mission Personal Injury Lawyers, P.C. will conduct an exhaustive independent investigation of your accident. This investigation is important even if the National Transportation Safety Board (NTSB) and law enforcement investigated your crash. We will also work with experts in many specialties, if needed, to gather and analyze evidence.
Evidence that may prove negligence can include:
- Footage from a truck dash cam
- Truck driver logs
- Truck maintenance logs
- Post-accident drug and alcohol testing of the driver when required by the FMSCA
- The black box recorder in the truck that records speed, hours driving, and more
- Results of an NTSB and/or police investigation
- Police reports and other incident reports
- Internal trucking company records and policies
- Witness statements
- Expert testimony
At Mission Personal Injury Lawyers, P.C., we will pursue crucial evidence to build the strongest case possible.
Owner-Operator Truck Drivers & Liability in an Accident
It’s important to note that many truck drivers in California are actually owner-operators who own and maintain their own trucks, pay for their own fuel, and have their own drivers. Many companies hire their own drivers but also use independent drivers who own or lease their own trucks. This is particularly true in the port trucking industry in San Diego.
California passed its sweeping AB5 law targeting the gig economy in 2019. This law famously targeted Uber and Lyft, but it attempted to force trucking companies to classify some contract workers as employees. For now, the trucking industry is exempt from this law.
This may affect who you can sue if your accident involves a trucking contractor who is an owner-operator. If the driver is classified as a full-fledged employee, you can likely sue the trucking company the driver works for.
How Long Do I Have to File a Lawsuit After a Truck Accident in California?
The California statute of limitations for personal injury claims is just two years. This same statute of limitations applies to truck accidents that result in a wrongful death. If your truck accident lawsuit is not filed before this deadline expires, you lose your right to pursue compensation for your injuries.
It’s crucial to begin working on your case as soon as possible. A truck accident may require a lengthy investigation to gather evidence proving causation and liability. The sooner you begin working with a personal injury lawyer, the easier it will be to build a strong case.
Contact Our San Diego Truck Accident Lawyers for a Free Consultation
If you have suffered serious injuries or lost someone you love in a truck accident in San Diego, California, Mission Personal Injury Lawyers, P.C. is here to help.
Call our law office today to schedule a free case review with an aggressive San Diego truck accident lawyer who will fight the insurance company on your behalf.
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*Disclaimer – we do not endorse these companies or profit from having them listed on our website. These were some of the highest-rated emergency rooms on Yelp.
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