Cargo Truck Accidents Lawyer in San Luis Obispo, California
You may have heard horror stories of cargo trucks being involved in accidents, such as when their load fell over or collided with another vehicle. Truth be told, when hearing stories like these, there’s a small voice in your head telling you that it might be you someday. If this happens to you, remember that you are not alone in this situation.
Our experienced personal injury lawyer is dedicated to advocating for you in and out of court. Set up a free consultation with us now!
Why do I need a San Luis Obispo Cargo Truck Accidents Lawyer?
There are a lot of things that might happen in a cargo truck accident. You may experience hit and run, lose a limb, or even die. Also, big trucking companies will try to shield themselves from possible liabilities. If ever you are in an accident, call our California personal injury lawyer to stand as your strong advocate.
At 805 Law Group, we aim to give truck accident victims competent legal advice and services. We have years of experience dealing with an accident or personal injury cases. Our expertise and knowledge have enabled us to meet the demands of our clients efficiently and effectively.
Is a Cargo Truck Accident Considered in a Personal Injury Case?
The personal injury system is designed in order for those victims of someone else’s negligent or intentional conduct to seek compensation for the injuries that they have. Basically, this allows the victims to file a civil lawsuit in court, asking to get a legal remedy (“damages”) for all losses stemming from an accident or other incident. Any vehicular, whether commercial or private, accident falls under personal injury. File a claim today with a reliable San Luis Obispo personal injury attorney.
What Damages Can I Recover with a Cargo Truck Accident Lawyer in San Luis Obispo?
This is monetary compensation granted to the victim of a personal injury. A court of law determines this to assist in compensating the aggrieved individual for any losses or injuries experienced as a result of someone else’s negligence.
The following are the three types of damages in California:
Essentially, this compensates for any monetary damages suffered by the aggrieved party as a result of the accident. It is typically calculated by adding up all of the economic losses linked with the accident. Here are a couple of examples:
- Medical bills
- Funeral expenses
- Loss of employment or salary
- Cost for any repairs (must be associated with the accident)
This is somehow the opposite of the former, where it covers subjective non-monetary losses. Here are some examples:
- Loss of consortium
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
The name implies that it is a type of punishment imposed by the court to punish the defendant’s harmful behavior. This is only given in a few cases, but when it is, it is meant to serve as a deterrent against similar behavior in the future.
What are the Causes of Cargo Trucks Accidents?
There is always a cause behind every cargo truck accident. It might be due to a manufacturer flaw, the driver’s recklessness, or the employer’s improper procedures, among other things. Whatever the cause of the accident, knowing what caused it is critical since your personal injury claim will be strongly reliant on it.
Here are some of the most typical reasons for cargo truck accidents:
- The truck driver is in poor condition. When driving, drivers are assumed to be in decent physical condition. This implies that they are not permitted to drive when under the influence of alcohol or when they are weary or fatigued.
- Swinging turns. Vehicles like cargo trucks are big, long, and transport thousands of pounds of cargo. Sometimes when they need to turn, they may have to utilize another lane of traffic to turn (called swinging turns), which is extremely dangerous if done poorly or irresponsibly.
- Overturning of a vehicle (Rollover). A rollover often occurs when a vehicle loses control, causing the vehicle to veer onto its side (or front) and continue to roll. When a cargo truck turns recklessly, it may roll over, especially if it is carrying a full or imbalanced load.
- Blind spots. Because cargo trucks are big and long in size, they have blind spots where they can’t see things like vehicles that come close to them. This is dangerous since when it turns and does not see your vehicle, you may end up colliding with each other. That is why warning stickers are put in place around trucks for its neighboring small vehicles to keep their distance.
- Faulty equipment. Vehicle maintenance is very crucial when driving cargo trucks. When you fail to do routine maintenance, there is a chance that your tire could blow or your brakes will stop working while you are driving. When this happens, it can lead to major accidents and fatalities.
- Overloaded or improper loading of cargo. This common cause of cargo accidents has been proven to be the leading cause of truck accidents. When a cargo truck exceeds the weight limit, it becomes too heavy to operate, and the driver risks losing control of their vehicle and creating an accident. This is why it is important never to exceed the limit and consistently distribute the weight equally.
Who is liable for a Cargo Truck Accident?
We always want to know who is to blame in an accident. In a personal injury case, knowing who is at fault will assist the judge in deciding who will be charged with paying for the damages.
Here are the following parties that may be held liable for the injuries that you incurred:
- The Truck Driver. When a truck driver is careless or irresponsible, especially on the road, it can lead to accidents that end in injuries or even death. Every driver has a duty of care that they must follow. They must take precautions such as properly maintaining their vehicles or driving safely while on the road.
- The Driver’s Employer. Even if the truck driver is at fault, you may pursue the trucking company for whom the driver works. Trucking companies have specific obligations that they must follow. They must follow good hiring practices (e.g., hiring licensed and trained drivers), properly educate their drivers, and comply with FMCSA regulations (e.g., not letting drivers drive more than the allowed time). If the trucking company ignores all of them, they may be held accountable for the injuries you received in the cargo truck accident.
- The manufacturer or any company participating in a product’s distribution network. Even if truck drivers or trucking company maintain their vehicles regularly, they may still be involved in an accident owing to faulty equipment given by the manufacturer. If this is the case, you may also go after the manufacturer or any liable company for your personal injury case.
- A Government Agency. Providing safety to its people is one of the government’s many mandates, such as ensuring that roadways are in excellent shape and free of risks. So, if the appropriate government agency fails to secure road defects or issues, such as badly planned roads or potholes, you may include them in your personal injury claim.
Remember that the people mentioned above are only the common parties who are held accountable. This means that there are other parties that you can file a personal injury claim with.
If you’re not sure who to go after, it’s preferable to have a San Luis Obispo cargo truck accident lawyer on your side. In this way, you won’t have to worry about determining who is at fault.