Carlsbad Truck Accident Lawyers
Are You Entitled to Compensation After a Big Rig Collision?
For all its pastoral lagoons, extraordinary beaches, and idyllic landscapes, Carlsbad, CA is still a major hub of commercial and commuter activity. Situated only 35 miles north of San Diego, at the crossroads of the Interstate 5 corridor and Route 78, Carlsbad, like so many southern California cities, is subject to peak rush hour delays. Passengers and goods arriving at the airport must contend with congestion along Palomar Airport Rd, just as commuters heading south along the San Diego Freeway must deal with the inevitable construction. With all of this heavy traffic and heavy equipment jockeying for position, accidents are bound to occur. But when it is the result of an operator's gross misconduct or incompetence, there may be enough cause for legal action.
If you or someone you love were involved in a truck accident as a result of negligent behavior in the Carlsbad area, you have the right to seek proper legal counsel. Carlsbad personal injury attorney Ross Jurewitz and the Jurewitz Law Group can help. We have represented hundreds of clients like you, seeking compensation from careless truck operators and their companies following a wreck. Don't wait for their insurance company to settle on the lowest claim and leaving you with a mound of unpaid medical expenses. Let our skilled team of qualified attorneys fight for what you deserve. Call our toll free number (760) 585-4640 for your free consultation.
Types of Truck Accidents
In 2011, the California Highway Patrol reported over 5,150 total injuries associated with truck accidents statewide. Of those, 372 were centered in San Diego County with 16 of them resulting in fatalities. Given the facts, many people are lucky to be alive following an encounter with one of these rigs. The sheer size and power of most large commercial trucks, from 18-wheelers to cube trailers, makes any accident a significant one. Depending on the speed, weight distribution, driver handling, and overall circumstances truck accidents can greatly vary:
Under-Ride Accidents: One of the more frightening accidents witnessed on interstate highways, an under-ride collision occurs when a smaller vehicle is tailing a tractor trailer that stops abruptly. This causes the smaller car to drive under the back end of the truck, causing untold amounts of damage to the car and front seat passengers.
Rear-End Accidents: Fender benders and rear-ending accidents are an incredibly common sight on any busy southern California street. But when it involves an 80,000 lbs truck that failed to brake in time, the result can be anything but usual. Depending on the road surface, environmental conditions, and weight of a particular load, truck drivers are required by law to consider at least 100ft of braking room when stopping. Failing to do so can lead to catastrophic results for anyone in the truck's path.
Jack-Knifing and Rollover Accidents: Because one often results in the other, we will reference both here. Jack-knifing occur when the trailer axels of a moving truck lock up, resulting in the trailer swinging out to an almost 90 degree angle, perpendicular to the cab. Depending on weight and speed, the trailer can force the entire rig into a spin – resulting in a rollover. Both incidents, either in concert or separate, have the potential to leave many motorists injured or dead.
Truck Accident FAQs
One of the most important things you can do after being in a truck accident is protect your legal rights. Consult with a Carlsbad truck accident attorney at the Jurewitz Law Group today to get started on your claim so you can get the money you and your family needs to recover from such a devastating incident.
A: Truck drivers have the duty to operate their vehicles with the highest degree of care as required by law. If the truck driver committed any of the following negligent actions at the time of the accident, s/he may be held liable for all damages:
- Driving without paying close attention to the road
- Braking abruptly
- Turning too swiftly
- Driving while fatigued
- Tailgating or otherwise acting aggressively on the road
- Failing to stop in time to avoid a collision
- Failing to yield right-of-way
- Failing to report an accident
A: With truck accidents, it is important to determine all the liable parties – the more there are, the bigger the potential compensation amount you can get. Depending on the circumstances surrounding your case, you may have a viable lawsuit against one or more of the following:
- The owners of the truck, tractor-trailer cab, trailer, or freight;
- The truck driver;
- The driver's employer;
- The manufacturer of the truck or any of its parts;
- A third-party maintenance company; and/or
- A parent company of the owner of the truck or employer of the driver.
A: You are not obligated to talk to the opposing insurance adjuster – choose not to do so. They can and most likely will use your words against you to limit your compensation. Consult with a trusted attorney and have him/her communicate with the insurance company in your stead. Also, do not sign any documents before reviewing them with an attorney first. This cannot be stressed enough.
A: Yes, the trucking industry is regulated by both federal and state rules and laws. One of the most important is the Hours of Service (HOS) regulations, which dictate just how long a truck driver can drive before s/he needs to get some rest. If any violations were involved in your accident, you may use the fact against the liable party to strengthen your claim or suit.
A: The compensation you receive will depend on the facts of the case and the applicable laws. Damages recovered in these cases generally include:
- Medical and funeral expenses;
- Lost wages and lost future earnings;
- Loss of quality of life;
- Pain and suffering;
- Loss of care and companionship; and/or
- Other damages.
A: First, get medical attention – your health is your top priority. Second, consult with an attorney who can help you do the following:
- Report the accident to your insurance company;
- Communicate with the opposing insurance company;
- Conduct an investigation of the accident scene;
- Gather evidence of liability and damages, including photos, police and medical reports, and so on;
- Consult with accident reconstruction experts and other professionals for an evaluation of the crash; and
- Negotiate a full and fair settlement or, if necessary, fight for your rights in trial.
Speak with a Lawyer at Jurewitz Law Group Today
Looking for legal help after a bad truck accident? If you have been the victim of one of these types of accidents or any wreck involving a tractor trailer in Carlsbad, it is vital that you speak with a qualified truck accident attorney as soon as possible. The trucking company, their lawyers, and the insurance company representing them will do everything in their power to see your claim or complaint done away with. Don't let them spin you around or deny culpability. Get the compensation you want and the peace of mind you deserve. Contact the dedicated Carlsbad auto accident attorneys at the Jurewitz Law Group today at (760) 585-4640. Let our years of experience handling at-fault drivers, and the companies that may represent them, work for you. We are available to answer your important truck accident case questions. If it is inconvenient for you to come to our office, we can come to you!
Call the Jurewitz Law Group at (760) 585-4640 and begin your path to recovery with a no-cost consultation today.