If you have been injured in a truck accident in San Diego, TorkLaw can help you protect your rights and get the right compensation.
Large trucks are responsible for one out of every ten deaths in motor collisions.
According to the Federal Motor Carrier Safety Administration (FMCSA), here are some recent (2017) statistics involving trucks:
- 4,102 people died because of a commercial truck accident
- Over half of these people (2,797 people) were not drivers in commercial trucks
- Over 102,000 injuries were reported involving automobiles and semi-trucks
Other interesting truck information:
- Truck drivers are allowed a maximum shift of 11 hours as per the United States Department of Transportation.
- 18-wheelers (fully-loaded) required up to 30% more distance to reach a full stop
- 98% of commercial truck accidents end up with at least one fatality
- The average damage from a trucking accident is estimated at $60,000
- The main reason for accidents involving trucks is “driver fatigue.”
- Fatalities are more likely to occur when tractor-trailers are involved in an accident.
- Every sixteen (16) minutes, one person is killed or seriously hurt due to an accident involving either a semi-truck, tractor-trailer, or an 18-wheeler
- FMCSA (2016) reports close to 12.5 million commercial large trucks (and buses)
- Equipment defects contribute to a large number of trucking accidents.
Truck accidents generally cause a lot of damage and come with severe consequences. Most damage is absorbed by occupants of smaller vehicles around the ruck at the time of the accident. A truck’s sheer size and weight make them extremely dangerous to other vehicles around them; this is why specific rules and regulations are designed to ensure people’s safety. However, even with all the rules in place, accidents do happen. If you were involved in a truck accident, talk with an expert from TorkLaw.
How to Proceed with a San Diego Truck Accident Claim
It would be best to work with an attorney who has experience working with clients previously involved in truck accidents. There is more to a claim than merely knowing the law. An experienced team will investigate and build a strong case for you.
At TorkLaw we will make sure that the following is pursued to the full extend:
- Collection and evaluation of logbooks and GPS data
- Request complete analysis of the black box to get insight into the driver’s actions and behavior before the accident
- Inspection of the accident site to collect all physical data possible
- Check all truck records for pre-trip reports and compliance
Common Type of Truck Accidents
Perhaps when you think of a truck accident, images of a truck rolling over come to mind. That is because rollovers are the most common accident type. They usually happen because the truck driver lost control of the car. Rollovers occur at higher speeds in the presence of a low turning radius.
Another common type of truck accident is when a truck experiences an air brake malfunction. This type of situation is more likely to happen when the car is driving downhill. This can be extremely dangerous, with devastating consequences. The driver not only is unable to bring the truck to a stop, but the truck also might pick up speed due to the downhill trajectory.
What to Do Right After a Truck Accident in San Diego
Call the police – This will be a 911 situation. If you can talk, try to help others by letting the dispatcher know how many more people might be involved and any other details, you can share. Even if you feel that the accident is not a big deal, it is always best to get the police to document it. Sometimes there are after-effects.
Find medical attention – Even in situations where you might believe that you have not suffered from any damages; it is best to seek medical attention and evaluate yourself. Sometimes, when we are in shock, we can’t feel the damage right away. Other times, the injury might be internal. It is best to visit the doctor right after an accident if you have to demonstrate later that your injury was related to the accident. Note that even if an EMT has examined you at the scene, it is still best to visit the hospital for a full evaluation.
Collect evidence – Do not attempt to collect evidence and take pictures if you have been injured. Only try this if you are ok, and it is safe to be outside the vehicle. However, collecting evidence will be helpful later when seeking compensation. If any witnesses to the accident, note their names and contact information, take pictures of the road, the road conditions, the accident scene (license numbers, trucking company, etc.), and the damages.
Appraise your vehicle – Your car might show only minor damage on the outside, but similarly to people, sometimes the damage is internal. Avoid repairing your car immediately because you will need a repair estimate for any insurance claim you file. In many instances, insurance companies will require agents to appraise the situation before they approve it for repairs.
Generally, avoid doing any work on your car until the insurance company has cleared you for compensation.
Mind your words – No one wants to be involved in an accident. Although you might feel outraged, it will serve no purpose, lashing out and yelling at the other driver. Avoid saying anything harsh; it is best to check if everyone is ok and wait for help to arrive.
You must not admit that you caused the accident. Even if you suspect that it was your mistake, do not say anything at the time. Often people feel the need to be apologetic, but later, when evidence is collected, they realize they were not at fault. Plus, admitting fault can be used against you when trying to claim compensation. If the police ask for a witness statement, it is best to simply state facts, avoid emotion, and never fill in the blank by making up information.
Abstain from social media – Quite often, investigators, including the police and insurance companies, will use your social media to prove their case. If you claim that you have suffered injuries and continue posting pictures of partying every night, it might be hard to defend your case.
Do not announce your accident to the world; keep the information private until your legal team has completed their research, and you have been awarded compensation.
Remember that social media can be used in court to support or undermine your case.
Activate your legal team – Get your legal team involved in the case as soon as possible. In most cases, the trucking company will have a lawyer on retention and ready to build a case against you.
You need to act as fast as you can before evidence is not easy to collect, and witnesses are no longer interested in helping out or cannot be located. At TorkLaw, we will help you settle your claim to cover all the expenses incurred because of the accident.
These include:
- Pain and Suffering
- Medical and pharmacy bills
- Transportation bills
- Loss of income
- Future loss income
- Rehabilitation costs
- At-home care
- On-going corrective surgeries you might need in the future
- Mental pain and anguish
- Property (car) damages
- Other
Get in Touch With TorkLaw
Picking the right team to represent you will make the difference. Our expert, compassionate team is ready to take on your case while focusing on healing and getting back to normal.
Being involved in a truck accident is very traumatic, and we want to make your recovery period as easy as possible.
Stay safe.