Truck Accident
Orange County Truck Accident Lawyer
Have You Been Injured in an Orange County Truck Accident?
After a truck accident, there is much confusion and worry that victims must deal with. Most importantly, the well-being of yourself and everyone involved should be attended to right away. Getting medical attention, filing a police report, and gathering any pertinent details should always come first, but after these things are settled, figuring out your next steps quickly is key.
Truck accidents tend to be more dangerous, more costly, and cause more injuries than regular car accidents. To compound this, truck companies often have a powerful and experienced insurance team behind them, which they use to their advantage when trying to lower payouts and avoid accountability. There is often much more of a financial burden placed upon victims, who will typically have a harder time getting the compensation they are entitled to and struggle to recoup their losses.
This is why getting an experienced truck accident lawyer can make all the difference in the outcome of your case. While their insurance company will work to only pay the bare minimum, the Orange County truck accident attorney at The Soliman Firm, PLC will work hard to fight on your behalf in order to get the amount that you deserve. Having a truck accident attorney on your side will ensure the insurance companies take you seriously and guarantee you have someone to fight for you every step of the way.
(If you are currently looking for a truck accident attorney, here are seven tips to help you in your search.)
If you have been injured in a truck accident, you likely have a lot of questions that an Orange County truck accident attorney can help you sort through. The best thing to do is to schedule a free consultation with us so we can review your truck accident case and determine the best course of action for you to take.
Schedule your free case evaluation by calling (714) 491-4111 or reach out to us using our online contact form.
What Constitutes a Wrongful Death?
California considers a wrongful death lawsuit to be one where the victim has passed away due to the fault of another party. Because wrongful death lawsuits are considered civil suits in California, the damages are recouped solely in financial terms, which differs from a criminal case where the guilty party would be sentenced to jail time or probation. Click here to read more about what qualifies as a wrongful death lawsuit.
Because of this, wrongful death suits can overlap with a criminal case of the same nature. Therefore, entitled family members are still able to pursue financial compensation from the guilty parties in addition to a criminal conviction if necessary. This is especially beneficial in cases of drunk driving accidents, assault, or other criminal activities that result in a wrongful death because the family can get monetary compensation in addition to pursuing a criminal conviction.
How Do You Preserve Evidence in a Wrongful Death Case?
The most important aspect of gathering and preserving evidence in a wrongful death case is to keep thorough documentation about every expense and financial burden placed on your family as a result of the wrongful death, as well as complications related to emotional trauma and loss of support from your loved one.
Any incurred expenses, such as medical bills or insurance payments, will likely be helpful in establishing your case and proving the financial burden you have been placed under. If you have any questions about whether a document is relevant to your case, do not discard it until you can discuss it with your lawyer to know for sure.
Wrongful Death Laws in California
Each state has its own statute of limitations and laws regarding wrongful death lawsuits, and California is no exception. That is why it is important that you choose an attorney who is well-versed in these laws and stipulations, so they can help you navigate this complicated process and ensure your case is getting filed properly from the beginning.
How Long Is the Statute of Limitations for a Wrongful Death Claim in California?
Just like a personal injury lawsuit, the statute of limitations states that you have two years to file the case in California. In most cases, this timeline will begin from the date of death. Because wrongful death cases can require extensive research, documentation, and legwork before the lawsuit can be formally filed by an attorney, it is important to make contact as soon as you think you may have a case. This will prevent any accidental violations of the statute of limitations and ensure you follow all local and state laws when assembling your case.
Contact Our Wrongful Death Attorneys in Orange County
The impact of losing a loved one shouldn’t be worsened by the sometimes devastating financial impact of their passing. If you have lost a loved one due to the negligence of another person, contact The Soliman Firm, PLC today. Our team is here to assist you and to walk with you through each stage of the wrongful death claims process. We have the experience and knowledge needed to ensure you get the compensation you deserve following the loss of your loved one. We will do our best to ensure that you are able to focus on quality time with your loved ones while we hold those responsible for your loss accountable.
Call (714) 491-4111 or write to us online to schedule a free consultation. We are available 24/7 for all your legal needs.
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How Do You File a Wrongful Death Claim in Costa Mesa?
In order to file a wrongful death claim in Costa Mesa, it is best to meet with a lawyer right away to make sure your claim fits within the guidelines for a wrongful death lawsuit. They will help you sort through the following:
- First, determine if you are eligible to file a wrongful death lawsuit in California. In Costa Mesa, wrongful death lawsuits are typically filed by domestic partners, spouses, or children of the deceased, but there are other parties who may be able to inherit the victim’s estate and file as well.
- Second, establish that the death was caused by another party. For a wrongful death case, the victim’s death must have been a direct result of another party. This other party could be a manufacturing company that did not correctly label their products, a pool installer who did not include proper safety procedures, or any other party who had a certain duty to protect your loved one and failed.
- Third, be sure to not violate the statute of limitations. In California, you must file a wrongful death lawsuit within two years of the date of death. Because of how long it can take from contacting a lawyer to formally filing a suit, it is important to get in touch with an attorney right away in order to not exceed this time limit and forever lose your opportunity to bring a wrongful death case.
- Fourth, keep track of the damages involved in the claim. In a wrongful death suit, one must be able to prove the death resulted in losses and damages to the remaining family members, such as being placed under financial burden and losing emotional support and guidance.
If you are unsure about any of these elements, contacting an attorney is the best course of action to determine if you have a wrongful death case. By scheduling a free consultation, you can ensure that you obtain all the information about the potential of your case and can make an educated decision about what next steps to take.
Who Can Be Sued for a Wrongful Death?
When a wrongful death has occurred due to negligence, it is important that the at-fault party be held liable. Below are just a few examples of parties that might be to blame in a wrongful death lawsuit:
- Drivers who are at-fault for a fatal car accident, pedestrian accident, or bicycling accident
- Truck drivers and their employers, in the case of a semi-truck or 18-wheeler accident
- Nursing home facilities and staff, if a loved one died due to elderly abuse or neglect
- Boat operators, if a death is caused by a boating accident
- Property owners or businesses, for situations such as falls due to unsafe conditions or assault due to inadequate security
- Doctors or medical facilities, if the untimely death was due to medical malpractice or patient mistreatment
- Product manufacturers that do not provide adequate instructions or warning labels that result in a death
- Equipment manufacturers who have produced malfunctioning or unsafe equipment
However, even if the party you believe is responsible for your loved one’s death is not on this list, that does not mean that you do not have a case. There are many scenarios in which wrongful death can occur, and a qualified Orange County attorney will be able to help you determine if your situation is applicable.
We are here for you during this tough time. Call (714) 491-4111 to speak with a compassionate wrongful death attorney today.
After a truck accident, you should:
- Get to a Safe Place: It is important to keep your car as close to the scene of the accident as possible while not being in an area that will put you in further danger. If your car is movable, move to the direct shoulder or at least out of the flow of traffic. If you are unable to move your car but able to exit, wait until it is safe to do so and move away from traffic to wait for help. If you feel that you may be injured or if your car is damaged to the point of being unable to exit, it is important to stay right where you are. Moving with an injury can often make it worse and exacerbate the issue. Signaling to bystanders that you need assistance and waiting on medical personnel to arrive is the best course of action in this case.
- Call 911: If someone else has not done so, call 911 as soon as possible after the accident to get authorities on their way. Even if you do not see any apparent injuries, it is important to get the police on the scene to file an accident report and document an overview of the situation, which can be extremely helpful if you decide to file a case. Additionally, having police officers on the scene will enable them to determine who was at fault for the accident and if the truck driver was breaking any laws that caused the crash to occur. Officers can issue citations, perform sobriety tests, and even make arrests as they investigate, ensuring that a dangerous driver will not simply be released following your crash.
- Make Sure Others are Safe: If you are injured due to a truck accident, it is important to remain still and wait for help to arrive. However, if you are able to move around and do not detect any injuries, check on all other involved parties in order to ensure they are safe. This will help everyone get the assistance they need following the crash and prevent further injury from occurring.
- Consult Emergency Medical Technicians: While it can be tempting to disregard any pain or discomfort as normal following a crash, it is important to let the medical professionals on the scene assess you and inform them of any symptoms you are experiencing. Things such as muscle soreness, headaches, or dizziness are initially ignored by many victims but can be signs of concussions or whiplash. Be open with the EMTs about what symptoms you are experiencing and where the pain is occurring. If they suggest transporting you to the hospital, it is best to agree. They are trained experts who see car and truck accident victims all the time, so if they believe emergency transportation is necessary, it is wise to listen. Insisting you are fine despite injuries can make the situation worse and even complicate your compensation case should you choose to file one.
- Talk to the Police: If the medical professionals do not suggest transporting you to the hospital, that gives you the opportunity to discuss the situation with the police officers that have arrived on the scene. Give them all the information you remember about the moments before the crash, especially if you picked up on any erratic or concerning behavior from the truck driver on the road. This information, plus any information bystanders can provide, will allow police officers to compile a thorough police report detailing the situation surrounding the accident. While this will not provide definite proof that negligence occurred, it will be extremely helpful when a truck accident attorney is reviewing your case. Be sure you go on record with the most accurate information you can provide immediately following the crash in order to provide a clear picture of what happened.
- Take Photos: Thankfully, the addition of smartphones to our everyday lives has made it easier than ever to document damages and take pictures following a crash. It is best to take pictures of anything that could be relevant, such as the conditions of the road, the damage to your vehicle, and the area surrounding the crash. Include the areas of impact, any spilled cargo from the truck, as well as any skid marks or blown tires that are visible. Though it can be difficult to determine what may be relevant as a truck accident victim, taking as many photos as possible will help compile a complete overview of the accident. This will help strengthen your claim and allow accident experts to compile an accurate description of what exactly happened.
- Go to the Emergency Room: Even if the medical responders on the scene did not take you to the emergency room in an ambulance after the crash, it is important to get a thorough medical examination as quickly as possible. Because of the adrenaline and nerves that are present after a crash occurs, deep tissue damage, sprains, and concussions can often go undetected. Because of how common it is for victims to not realize they are injured right away; doctors know what diagnostics to perform in order to evaluate your injuries. Getting a diagnosis quickly is the best way to reduce your recovery time and ensure you are getting the treatment you need immediately. It also means that there is a documented record of your injuries right after the accident—this way, if the insurance company tries to dispute your claim, you have a paper trail proving your injuries are a direct result of what occurred. While it is common for accident victims to avoid medical treatment because of cost concerns, this should not be the case. If a truck driver caused your accident, you should be given full reimbursement for any medical bills you accrue as a result of the crash. You should always consult with your doctor and get the treatment you need following an accident.
- Call Us: Giving us a call as quickly as possible ensures we are able to begin assessing your case and protecting your rights immediately following a crash. If at-fault parties attempt to cover up their fault by claiming a lack of evidence, counteracting quickly with proof of negligence will go a long way in fighting for your case. Your main priority following a Costa Mesa truck accident should always be healing and getting the medical attention you need but calling us as soon as you are able will be helpful in establishing your case. We can work around your medical appointments and treatments in order to establish a claim without any added stress.
Common Types of Truck Collisions
Regardless of the speed a large truck is traveling at, its collision with a regular-sized vehicle can cause an extremely dangerous crash. Because the size, weight, construction, and cargo a truck is carrying can all vary, there are a variety of causes for a collision that can all lead to potential injuries and fatalities.
Some of the common types of truck collisions are:
- Jackknife Accidents: The two separate units of a truck (the cab and the trailer) are typically connected via a hitch behind the cab. If conditions are right, this type of construction can cause a truck’s trailer to swing to the side, forming a ninety-degree angle with the cab that remains facing straight ahead. Once a trailer has swung out, the driver is powerless to stop it as the momentum from the weight can be stronger than the truck’s brakes. This makes jackknife accidents one of the most dangerous, as it is rare for the truck to come to a stop until it collides with something with enough force to bring it to a halt. They are often caused by slick roads, but can also be caused by driver error or brake failure.
- Wide Turn: Large trucks have an extremely wide turning radius, especially on the right side. If a truck driver is not paying attention to their surroundings and takes a turn too sharply, they can easily take out cars that are beside them due to the amount of room they must take up. This can lead to multi-car accidents as well, as the cars are pushed into one another from the force.
- Read-End Accidents: Whether a truck collides with the back of another car or it is the other way around, it is referred to as a rear-end accident. Because of the deadly force behind a large truck, these are much different than the typical, minor rear-end accidents that occur between two cars. A small car can easily slide beneath the back of a truck or get crumpled by the force of a truck colliding with its rear end. These are often caused by distracted or overly aggressive truck drivers who are not paying sufficient attention to their surroundings.
- Head-On Collisions: Head-on collisions are extremely dangerous because they occur at the front of the vehicle and can have the most impact on drivers and passengers. When a truck veers into oncoming traffic, it is usually due to distracted or drowsy driving, or due to substance abuse and inattention.
- Blind Spots: Truck drivers have large blind spots on either side of their trailers, making it vital that they are especially careful when they merge. A truck driver not thoroughly checking their blind spots before merging can cause them to collide with a car or run them off the road, which can lead to extreme damages to the other driver and their vehicle.
- Rollover Accidents: Large trucks have a high center of gravity, making rollover accidents a common result of turning too quickly. These can often damage the largest number of cars and property because there is no way for the driver to control the truck once the tires leave the ground, leaving them to roll into anything in their path until their momentum is slowed.
- Tire Blowout: Tire blowouts are one of the most preventable truck accidents because they can be avoided with regular maintenance and air pressure checks. When the tire on a truck blows out, especially at highway speeds, it can be difficult for the driver to maintain control of the vehicle and get slowed down, leading to a truck that is out of control. Thankfully, trucking companies are required to keep maintenance records and tire checks on each vehicle, meaning a truck accident attorney can obtain these records should a tire blowout lead to an accident.
- Cargo Spills/Lost Load: If the trailer of a large truck is overloaded, or if the load is not properly secured, a cargo spill can happen quickly. This can cause the truck’s load to spill all over the roadway, leading to multiple damages and crashes in a short period of time. This can be especially dangerous if the truck driver was carrying hazardous materials or something that should not be exposed to other elements on the road, causing an additional level of complications.
- T-Bone: A T-bone crash can be dangerous to all drivers or passengers on the side of the car that sustains an impact, especially if that impact comes from a large truck. Cars are typically T-boned by trucks that are running red lights or not paying attention to the flow of traffic and can result in rollover accidents from the force.
Regardless of the type of accident involved in your truck crash claim, we are here to help reconstruct the cause and determine where the negligence occurred to lead to the accident. Because we have extensive experience in truck accident claims, we can help determine the cause and effect involved and ensure you are properly compensated for your troubles.
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Liable Parties in Truck Accidents
Even in accidents that result from driver error, there can be other parties at fault as well. There are many elements to putting drivers on the road and maintaining trucks and their cargo, meaning there could potentially be several parties liable for the accident.
Some at-fault parties may include:
- Truck drivers, in the event of general negligence or driver error
- Trucking companies, who are responsible for training and disciplining drivers
- Truck owners, in the event that insufficient maintenance contributed to the crash
- Cargo companies, who are often third parties contracted to load trucks
- Hiring and training companies, who are hired by the trucking company and are responsible for selecting and educating drivers
- Maintenance companies, in the event a service that was completed was done incorrectly
Common Truck Accident Factors
Because truck accidents are so common and dangerous, the Federal Motor Carrier Safety Administration keeps thorough records of the causes of truck accidents.
The top ten most common factors in trucking accidents are:
- Brake problems
- Traffic flow interruption (congestion, previous crash)
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliarity with roadway
- Roadway problems
- Required to stop before crash (traffic control device, crosswalk)
- Over-the-counter drug use
- Inadequate surveillance
- Fatigue
Why Choose Us?
We can help you build a successful truck accident claim by providing you with the following:
- Free Consultation: For most truck accident victims, it is their first time being involved in a complicated accident situation and therefore they are not always sure if they have a case. That is why we provide a free consultation to go over the details of your case at no cost to you. This allows us to work with you to review details and determine how much your case is worth without you taking on any risk.
- 24/7 Availability: Disasters do not occur exclusively within business hours, which is why we make it a point to always be available. Because it is important to call us as soon as you are able following a truck accident, we make sure it is possible to get in touch with us at any time that is convenient for you.
- Only Pay if You Win: For most victims, getting the compensation they deserve through a truck accident claim is vital to their ability to pay off medical debts and make up for the wages and work they have missed out on as a result of the accident. Therefore, we will only charge you if you win your claim and receive compensation for the multiple financial factors involved in your accident.
- Experienced Team: When it comes to truck accident attorneys, it is important to work with a legal team that has experience and a proven track record of success. Trucking companies have some of the most fierce and difficult insurance companies to work with. That is why it is essential to work with a lawyer that will fight hard for your rights and has experience taking on these industry giants to get you the compensation you deserve.
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