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Truck Accidents
Orange County Truck Accident Lawyer
It is no surprise that trucks are among the leading causes of injuries and fatalities on the road. Their size and weight, reaching up to 80,000 pounds (or more if the truck is overloaded), can cause catastrophic damage if they become involved in an accident with a smaller vehicle. Given the complexity and severity of truck accidents, it's crucial to understand the dynamics involved to safeguard your rights and pursue justice effectively.
While most truck drivers do their duty to drive safely and follow all commercial trucking regulations, some unfortunately put profits before safety and ignore the rules. This negligence causes tragic accidents and underscores the importance of accountability and legal recourse for victims. Truck accident victims often face a long journey to recovery, and securing compensation is a critical step in rebuilding their lives.
Have you or a loved one been injured in a truck accident? Call Law Office of Marshall Silberberg today at (949) 565-4281 or contact us online for a free consultation!
Why Hire Our Truck Accident Attorneys?
If you or a loved one has been involved in a truck accident and are now facing steep medical bills and other damages, you need an experienced truck accident lawyer in Irvine to fight for you. The Law Office of Marshall Silberberg can provide proven legal help to those injured in a truck accident.
With decades of combined experience, we know how to investigate serious truck crashes and determine who may be liable for harming our clients. We leverage a comprehensive understanding of state and federal regulations to hold the responsible parties accountable.
Since the Law Office of Marshall Silberberg was founded in 2004, our firm has obtained over $500 million for injury clients! As former defense lawyers, our previous experience gives us an edge in court because we are familiar with the defense strategies other firms routinely use. This unique insight allows us to anticipate challenges and strategize effectively to benefit our clients.
Marshall did a great job for me! He was always there for me, if I called he would be right there! He and the whole team at The Law Office of Marshall Silberberg were awesome, 5 stars! Don't know of anybody better.
- Charles T. (Actual client)
Understanding Truck Types and the Causes of Truck Accidents
A truck is a motor vehicle designed primarily for transporting goods or materials. They come in various shapes, sizes, and configurations to accommodate different purposes and industries.
Here are some common types of trucks:
- Semi-trucks (tractor-trailers or articulated lorries)
- Dump trucks
- Delivery trucks (vans)
- Pickup trucks
- Box trucks (straight trucks)
- Flatbed trucks
- Refrigerated trucks (reefer trucks)
- Tanker trucks
- Tow trucks
A truck accident is any collision or incident involving a truck that can lead to property damage, injuries, or fatalities. Truck accidents can occur due to various factors, such as driver error, mechanical failure, adverse weather conditions, road hazards, or other external factors.
Common Causes of Truck Accidents
Some common causes of truck accidents include:
- Rear-end Collisions occur when a truck crashes into the vehicle in front of it. They can be caused by following too closely, distracted driving, sudden stops, or inadequate braking distance.
- Jackknife Accidents – A jackknife accident happens when a truck's trailer swings out to the side, forming an angle with the truck's cab, resembling the shape of a folding jackknife. This typically occurs when the trailer loses traction with the road surface, often due to slippery conditions, excessive speed, or sudden maneuvers.
- Roll-over Accidents – Roll-over accidents involve a truck tipping over onto its side or roof. These accidents can happen due to factors such as taking a curve too quickly, overloading, uneven weight distribution, or sudden evasive maneuvers.
- Underride Accidents – Underride accidents occur when a smaller vehicle collides with the rear or side of a truck and slides underneath the truck's trailer. These accidents can result in catastrophic injuries or fatalities for occupants of smaller vehicles due to the lack of protection from the truck's rear or side underride guards.
- Head-on Collisions – Head-on collisions involve a truck colliding with another vehicle or object head-on. These accidents often occur on narrow roads, during overtaking maneuvers, or due to vehicles crossing into oncoming traffic lanes.
- Blind Spot Accidents – Trucks have large blind spots, also known as "no-zones," where smaller vehicles are not visible to the truck driver. Blind spot accidents occur when a vehicle enters or travels within these blind spots, leading to collisions during lane changes, merging, or turning maneuvers.
- Tire Blowouts – Truck tire blowouts can cause loss of control, leading to accidents. Tire blowouts may result from worn-out tires, overloading, underinflation, or hitting road debris.
- Brake Failure Accidents – Brake failure can occur due to mechanical issues, malfunctions, or overheating. Brake failure accidents can result in rear-end collisions, jackknife accidents, or other collisions when the truck cannot stop or slow down effectively.
- Hazardous Material Spills – Trucks carrying hazardous materials can be involved in accidents leading to spills or leaks of dangerous substances. These accidents can pose significant risks to public safety, health, and the environment.
- Drowsy Driving Accidents – Truck drivers often face long hours on the road, leading to fatigue and drowsiness. Accidents caused by drowsy driving can result in serious consequences due to impaired reaction times and decision-making abilities.
Expanding on these common types, it's crucial to note the importance of early intervention and collection of evidence when a truck accident occurs. Promptly gathering data and witness statements can make a significant difference in proving liability and securing fair compensation for victims.
Determining Liability in Orange County Truck Accidents
Depending on the circumstances, several parties may be liable for a truck accident, including careless drivers, their employers, maintenance companies, and other third parties.
Some of the most common causes of truck accidents include those related to:
- Driver Error – Driver error is a leading cause of auto accidents, and truck wrecks are no different. Truckers have a legal duty to take reasonable measures to operate their rigs safely and must also comply with various safety regulations designed to protect the public. When they are negligent and fail to uphold this duty, they (or the trucking company for whom they work) can be liable for victims’ damages. Common examples of driver-related causes include drunk or drugged driving, fatigue caused by working too many hours, inadequate vehicle inspections, speeding or traffic violations, and distracted driving, among others.
- Trucking Company Negligence – Trucking companies can also play a role in causing or contributing to preventable wrecks, and they can be held accountable when their negligence harms others (as well as the negligence of their employees). Trucking companies can cause crashes in several ways, including safety violations, improper cargo securement, inadequate vehicle maintenance, negligent hiring or retention of dangerous drivers, violations of hours-of-service rules, and more.
- Defective Products – While the negligence of truckers and trucking companies leads to most truck accidents, some wrecks are caused by auto parts and products that malfunction and fail to work as they should. These can include defective brakes, faulty tires, broken headlights, etc. When defective products are to blame for a crash, injured victims can seek a recovery of their damages by pursuing a product liability claim.
- Maintenance Company Negligence – Trucking operators may contract vehicle maintenance responsibilities to third-party companies. These maintenance companies, which must be appropriately licensed and certified, are responsible for regularly inspecting the fleet and making repairs when any potential hazards are present. Failures to fix hazards they knew or should have known about can lead to preventable crashes and civil liability.
When you retain our firm as your truck accident lawyer in Orange County, we will launch a thorough investigation into the cause of your accident to determine precisely what happened, who was at fault, and how much you are owed for your medical bills, pain and suffering, and other damages. Our meticulous approach involves examining all available evidence, consulting with experts if needed, and creating a robust claim to support your case.
Why Do Fatigued Truck Driver Accidents Happen?
Truck drivers feel extreme pressure to cover as much ground as possible, no matter what it takes. Their pay is almost always directly linked to the more they travel, which incentivizes many drivers to overexert themselves and risk the lives of all others on the road. The trucking industry, known for its tight schedules and competitive nature, often overlooks the importance of driver well-being.
Long hours in traffic are extremely monotonous and exhausting for even the most experienced and alert truck driver. Driver fatigue is responsible for many trucking accidents and has become an intrinsic part of the industry. This frightening reality increases the chances of a devastating and fatal accident, urging the need for stricter regulations and enforcement.
Because drivers feel obligated to meet a nearly impossible schedule, they may partake in unsafe behaviors such as speeding, pushing through rush-hour traffic, illegal maneuvers, failing to take breaks, etc. Sometimes, drivers attempt to combat drowsiness by taking drugs or stimulants to stay awake. This creates a cycle of dangerous practices that jeopardize the safety of everyone on the road.
If you or a loved one has been injured in a trucking accident due to a fatigued or negligent driver, we at the Law Office of Marshall Silberberg will go above and beyond to help you recover the compensation you deserve. Our aggressive legal team will fight to ensure the responsible parties are held accountable for what they have put you through. Do not allow yourself to be taken advantage of by failing to protect your best interests and the complexities involved adequately. We are committed to standing by you every step of the way.
Understanding Trucking Laws in Orange County
Orange County is governed by both state regulations and federal laws when it comes to truck operations. The California Vehicle Code and federal guidelines from the Federal Motor Carrier Safety Administration (FMCSA) dictate the standards for trucking safety and operation. Truck accident cases often involve thoroughly evaluating these laws to determine whether violations have occurred, contributing to any accidents. Truck drivers and companies must follow strict protocols regarding maintenance, driving hours, and load constraints. This regulatory environment aims to mitigate risks on heavily trafficked routes like I-5 and I-405, common regional commercial transport corridors.
Traffic congestion in Orange County can exacerbate the impact of any violations, leading to severe accidents. Understanding local and federal trucking laws is crucial for navigating legal situations effectively. Victims of truck accidents must ensure these laws are fully explored in their claims, as non-compliance can serve as a basis for liability.
Steps to Take After a Truck Accident
Being involved in a truck accident can be traumatic, and knowing the proper steps to take immediately afterward can make a significant difference. The first and most crucial step is ensuring safety and seeking immediate medical attention. Truck accidents can result in hidden injuries that might not be immediately apparent. After addressing health concerns, reporting the accident to local authorities is essential for official documentation. This report can prove invaluable in future legal proceedings.
Collecting evidence at the scene, such as photographs of the accident, damaged vehicles, and any visible injuries, is also vital. Gathering witness contact information can further strengthen a legal case by providing corroborating testimony. Documenting any discussions with other parties involved is equally essential, avoiding admission of fault at all costs. Consulting with a qualified Orange County truck accident lawyer promptly can help protect your rights and guide you through the complex legal process, ensuring all available avenues for compensation are explored.
Truck Accident FAQs
What If I Share Fault for the Accident?
What Should I Do if the Insurance Company Contacts Me?
After a truck accident, you will likely be contacted by the trucking business’s insurance company to discuss your case. The insurance company will attempt to avoid paying your claim. Even if the accident was the truck driver's fault, they will try to deny your benefits by attempting to attribute fault to you. They may intentionally try to misinterpret your statements and use a misspoken sentence as “evidence” of your liability. Something as seemingly harmless as saying “I’m sorry” can give the insurance company a reason to deny your claim.
You should not talk to them without speaking to our Orange County truck accident attorneys first.
Can the Trucking Company Be Responsible for a Tired Truck Driver?
Although the law seems to have taken steps to reduce driver fatigue, it is not popular within the trucking industry, which has called for the new rules to be repealed. Trucking companies, which make them meet tight deadlines, pressure drivers to do whatever is necessary to ensure the bottom line is not impacted.
Because of this pressure, many drivers falsify their logbooks, turn to illegal drugs to stay awake and ignore mandatory rest periods to ensure that their cargos are delivered on time. Unfortunately, innocent motorists on the road are put at risk.
While the individual driver’s behavior must be addressed and examined, trucking companies are often liable for these accidents. As truck accidents continue to rise throughout the nation, the FMCSA has outlined strict regulations restricting driving schedules and requiring minimal hours of rest. However, the trucking industry has a long way to go to reach acceptable safety standards.
What are the Trucker Hours of Service Regulations?
Since many truck accidents are fatigue-related, the FMCSA recently amended its hours of service regulations to address this problem. The new rules, effective in July 2013, limit truck drivers to a maximum of 11 hours per day and 70 hours per week.
Once the 70-hour maximum has been reached, each driver must rest for 34 consecutive hours over two nights between 1:00 and 5:00 a.m., when the body needs the most rest. Additionally, drivers must take a mandatory 30-minute break within the first eight hours of their shift.
What If the Trucking Company Denies Responsibility?
Trucking companies possess multi-million-dollar insurance policies to protect themselves and their drivers in the event of an accident, so it is no surprise that they will do whatever they can to avoid a large settlement, including denying any liability for your injuries.
However, trucking companies are required by law to keep records of their driver's history, trips, maintenance, and other operations. Our truck accident lawyers in Orange County can utilize this evidence to help prove your case.
Evidence in a truck accident case may include:
- Witness statements
- Trip logs
- Maintenance records
- Safety violation records
- Hiring documents
Semi-trucks also have a black box that gathers data about their operations. The box records the truck’s speed, acceleration, braking, airbag deployment, seat belt use, and other factors that can identify the cause of an accident.
How an Experienced Orange County Truck Accident Attorney Can Help
Although the laws protect motorists from drowsy truck drivers, many trucking companies feel that violating them while pursuing more profits is worth the risk. Unfortunately, it is not until their bottom lines are impacted after a civil lawsuit that many companies take notice of the folly of their business practices.
If you or a loved one has been injured or killed in an accident with a truck, driver, or trucking company, negligence may or may not be immediately apparent. An experienced personal injury attorney can ensure that the exact cause of the accident is pinpointed and will work to recover compensation for the financial and emotional losses you are entitled to by law.
Contact Our Orange County Truck Accident Lawyer Today
Innocent people should not suffer the financial consequences of someone else’s negligence. Whatever your situation, you can be sure that our firm can effectively assess your needs and circumstances to provide you with the legal guidance and representation you deserve.
We pride ourselves on achieving significant results for our clients and securing the futures of severely injured people.
Our skilled Orange County truck accident lawyers are ready to fight for your rights. Contact us now for experienced legal representation!
Testimonials
Millions of Dollars Recovered for Our ClientsThe Law Office of Marshall Silberberg is proud to be able to represent clients in some of the most difficult times of their lives. With decades of experience as former defense attorneys, we are able to provide our clients with well-rounded representation that has earned us the respect of our peers and even opposing counsel! We fight for maximum compensation on behalf of our clients and have obtained more than $500 million in verdicts and settlements to date. Don’t hesitate to contact our firm for more information about your case. We have offices in Irvine and Los Angeles for client convenience.
Call (949) 565-4281 for a free case evaluation with our firm!
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“We highly recommend the Law Offices of Marshall Silberberg for any personal injury case you may be facing. We will forever be grateful for their aptitude to serve families in our community and their support in defending our son’s future.”
- Diana M. -
“I can't begin to express how wonderful their service is. Will Collins and Marshall are a great team and will provide you with what you're expecting, plus more. Marshall even personally visited me out of state when I was receiving rehabilitation services.”
- Amy T. -
“He and his staff always kept me informed. He personally answered his cell phone whenever I called. He fought for me, and in the end, obtained a settlement in 14 months that was far greater than any of the similar cases I had researched.”
- Craig F. -
“There are no words that describe how grateful I am for Marshall, Will, and the whole team. They fought to get justice for my family, myself, and my unborn baby. When it comes to being committed and fighting for justice, they truly do a great job.”
- Karla B. -
“Marshall did a great job for me! He was always there for me, if I called he would be right there! He and the whole team at The Law Office of Marshall Silberberg were awesome, 5 stars! Don't know of anybody better.”
- Charles T.
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Our Values
What Our Work Means To Us
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Experienced
Under our representation, your case will be backed by decades of experience; experience that includes hundreds of trial cases and countless courtroom wins. Our straight-shooting, no-nonsense approach has resulted in hundreds of millions of dollars in verdicts and settlements.
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Connected
We have spent decades cultivating close working relationships with an array of physicians and industry experts. We use these connections to provide invaluable insight and expert testimonies on the cases we take to court.
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Compassionate
At our firm, the attorney-client relationship is sacred. We are committed to bringing a sense of peace to the victims and families we represent. Nothing is more rewarding than when we can help our clients ease the pain and frustration their injuries have caused them.
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Results-Driven
Our tenacity and work ethic set us apart. We’re not afraid to roll up our sleeves and really get to work on a case. From our personal meetings with prominent field experts to the development and strategy of your overall case, we will zealously stand by your side from start to finish.