Menifee Large Commercial Vehicle Accident Attorneys

Any auto collision involving a large commercial vehicle, such as a semi-truck, can cause devastating damages to all vehicles involved. Commercial truck drivers have a responsibility to drive with extra care, but nonetheless, accidents still happen. If you or a loved one have experienced an accident involving a commercial truck, then contacting an experienced Menifee large commercial vehicle accident attorney can help you navigate the road ahead.
Common Causes of Semi-Truck Accidents

Although semi-truck accidents are relatively common in California today, the reality is that oftentimes, they are completely avoidable. In most cases, there is some degree of negligence committed by at least one of the drivers involved that ultimately causes the collision. Gaining some insight into how some of today’s semi-truck accidents occur can only help your awareness as you’re operating behind the wheel and potentially even avoid a serious crash while you’re out on California roads.

Here are some of the most common causes and contributing factors of large commercial vehicle accidents:

• Speeding: Similar to other types of auto accidents, speeding remains one of the top causes of commercial truck crashes in California and throughout the nation, especially while driving on the highway. In general, the greater the speed at which the vehicle is traveling, the greater the chances for a serious accident to occur. Greater speeds substantially reduce the drivers’ reaction time, which is necessary to avoid any potential collisions with other vehicles on the road.
• Mechanical Failure. Broken, faulty, defective, improperly installed, or missing parts are paramount to the safe operation of a commercial vehicle, especially when it comes to the tires and braking systems.
• Improper Maintenance. Commercial truck drivers must complete regular maintenance of their vehicles to ensure they remain in satisfactory driving condition. Drivers are typically responsible for maintaining up-to-date maintenance records of all inspections and repairs.
• Distracted Driving: Whether you’re adjusting your GPS or music player in your truck, texting or using your cellphone, eating, or simply caught up in conversation with a passenger, cases of distracted driving have steadily increased in California over the years and are one of the leading causes of large truck accidents across the United States. It only takes a brief moment to divert your attention from the road to cause a major accident.
• Driving Under the Influence: Also known as impaired driving, operating a vehicle while under the influence of drugs or alcohol has severe legal consequences and significantly impacts the drivers’ overall situational awareness, ability to react in time, and make sound judgments while out on the road.
• Driver Fatigue. Commercial truck drivers must often adhere to strict delivery schedules that require them to drive great distances in short periods of time. Some drivers are compensated by the number of miles they travel, which can create a potentially dangerous incentive for driving further distances over shorter periods of time. Federal regulations limit the number of consecutive hours a driver can spend behind the wheel.
• Driver Inexperience. Employee turnover rate in the trucking industry is particularly high, which can result in many inexperienced drivers who are underqualified for their position. Even with adequate training and certification, safe operation of large commercial vehicles requires extensive experience in order to ensure that drivers navigate safely in all conditions.
• Improper Cargo Loading. Cargo loading involves precisely arranging items to evenly distribute weight throughout the vehicle. Improperly loaded cargo can easily move and shift within a commercial vehicle, increasing the chances of certain types of accidents, such as jack-knifing, where the cab and trailer become folded at their point of connection to form a ninety-degree angle.
• Reckless Driving: There are several different behaviors that can be classified as reckless driving. Disregarding the state’s driving laws, ignoring traffic signals and signs, tailgating, speeding, and general aggressive or careless driving behaviors can all be defined as forms of reckless driving.
  
  

Unfortunately, even if you possess the proper knowledge about the common causes of commercial truck accidents and maintain your awareness while operating a vehicle, the negligent acts of other drivers on the road are beyond your control. That makes it even more necessary for you to stay alert at all times while behind the wheel. Remaining alert at all times, exercising caution, and obeying the laws of the road can help you avoid any potential catastrophic collisions.

What Does a Commercial Truck Accident Attorney Do?

It’s not uncommon for victims of a commercial truck accident to feel like they have a relatively straightforward case, and the at-fault party liable for the crash is clear-cut. However, the majority of accident victims don’t fully grasp the various legal intricacies involved in personal injury cases and the ways that the responsible party can combat their claims in order to potentially avoid liability for the corresponding damages.

Because of these misunderstandings, it is somewhat commonplace for a plaintiff proceeding without legal representation to be taken advantage of by the defendant’s legal team or that of the insurance provider who is looking to minimize their financial responsibility for the damages.

An experienced personal injury lawyer will have first-hand knowledge of the various legal procedures that take place during accident claims, in addition to being able to help you formulate a legally sound plan of action against the defense.

Here are some of the general responsibilities that a personal injury lawyer takes over in a commercial truck accident case:

• Conducting a Thorough Investigation: The attorney can work to recover any and all available evidence from the accident, conduct research, and obtain detailed testimonies from available witnesses of the event.
• Determining Liability: Through their in-depth investigation and intimate knowledge of the state’s personal injury laws, the attorney can confidently determine who was truly at fault in order to proceed with seeking the necessary compensation for damages.
• Constructing a Strategy: The attorney can put together a comprehensive legal strategy for litigation against the opposition based on legal precedents set by other similar personal injury cases, their recovered evidence, and other relevant legal factors, especially if the claim is taken to trial.
• Lead Negotiations: The opposing legal team and the defendant’s insurance company will almost certainly combat the plaintiff’s claims for financial compensation. Having an experienced attorney present to negotiate aggressively can have a sizable impact on the outcome of your case.
  
  

Having a trusted truck accident attorney at your side can help ensure not only that your constitutional rights are being upheld throughout the length of your accident case but also that justice is delivered and you receive a fair amount of financial compensation for your injuries and any other non-physical damages that you are rightfully entitled to.

A reputable truck accident lawyer who has direct experience handling commercial trucking cases can be the most likely chance you have at securing the maximum level of financial compensation that you deserve and obtaining the most favorable outcome possible so that you are able to shift your focus back on your recovery where it belongs.

How Long Do Semi-Truck Accident Cases Take?

There tends to be a litany of elements that factor into determining just how long your semi-truck accident case in Menifee can take. Because each individual trucking accident and each victim’s corresponding injuries are unique in terms of the severity and circumstances involved, each case is going to vary in the exact settlement amount and total length of time that it takes to reach a fair agreement.

One of the fairly obvious variables that will factor into the length of a trucking accident case is whether or not it goes to trial. For more minor injury claims that are relatively straightforward and receive minimal resistance from the defendant’s legal representation or their insurance provider, a settlement can be agreed upon in as quickly as 90 days, which is certainly an optimal outcome for all parties involved in an accident, but is more of an exception, not the rule.

However, the insurance company and defendant are more than likely to fight back at the initial compensation demands of the plaintiff. More often than not, they will have the goal in mind of minimizing the total settlement amount, if not having the charges dropped completely, by claiming partial responsibility on behalf of the plaintiff for the accident.

Since most semi-truck accident cases are rarely cut and dry, it is essential to the success of your claim to understand the statute of limitations for semi-truck accident claims in California. Because semi-truck accident claims are legally categorized as a type of personal injury claim, the statute of limitations for filing such a claim is two years after the date of the accident under California state law.

This is significantly important because some other states carry a statute of limitations of up to three years for similar personal injury cases and failing to officially submit your personal injury claim from a semi-truck accident within the state established statute of limitations will result in your claim being denied by the courts. This is why it is critical to the outcome of your case that you contact an experienced California truck accident lawyer and file your injury claim as soon as you can following the events of the accident.

What Is the Average Settlement Amount for Semi-Truck Accidents in California?

Similar to other types of personal injury settlements, the exact amount of compensation is going to vary depending on the total extent of the victim’s injuries and other related damages. Given the general size and weight of semi-trucks and other large commercial vehicles, the totality of the damages are typically far greater than that of a regular car accident.

In accidents where the injuries sustained by the victim are classified as minor, an average California semi-truck accident settlement typically ranges anywhere from $25,000-$100,000. For injuries of moderate level of severity, accident settlements can range between $100,000-$500,000, and accidents resulting in severe or catastrophic injuries typically range in settlements totaling $500,000-$1,000,000+ in compensation.

To put the above figures into perspective, the average car accident settlement in California ranges between $21,000-$26,000. It should also be noted that the listed settlement ranges only include compensatory damages and do not take into account any punitive damages or non-physical injuries from damages that directly resulted from a semi-truck accident. Those figures can be even greater once you consider the potential damages for pain and suffering.

How Much Do Accident Attorneys Charge in California?

As is the case with any type of personal injury claim, there are a number of factors that ultimately play into determining how much an accident attorney charges for their legal services. The accident attorney’s total years of legal experience, the law firm’s reputation and track record of success in winning similar cases, the location, and the total time spent dedicated to your individual case all factor into determining the overall cost of their legal services

For most accident cases, it’s commonplace that the attorney charges on a contingency fee model, which means that they will charge the client a specific percentage of the total settlement amount, instead of an hourly rate. This is typically attractive to the client as well, because it means that they will only pay the attorney the contingency fee if they actually win their case and receive financial compensation.

Most California personal injury lawyers have set contingency fees ranging between 30%-40% of the total settlement amount. However, the percentage can vary depending on certain factors, such as whether or not the case is taken to trial, so it’s important to make sure that you discuss the specifics with your lawyer during your initial consultation to ensure full transparency before they get started working on your case.

Consult with a Reputable Large Commercial Vehicle Attorney

If you or a loved one have experienced serious damages due to the negligence of a commercial truck driver, then you are entitled to compensation. For over 35 years, our team of commercial truck accident lawyers has represented victims throughout the Menifee area and California with diligence and compassion.

At Kampf, Schiavone & Associates, our track record of success, winning over $250 million in settlements for our clients, speaks for itself. We would be honored to represent you in your personal injury case. Contact us or schedule a consultation with our team today.