Orange County Truck Accident Lawyer
Marcereau Law Group is a full-service personal injury law firm representing victims and their families injured by careless truck drivers and trucking companies.
Our Orange County Truck Accident Attorney Can Handle the Hassle of Your Truck Accident Lawsuit
Orange County Truck Accident Facts and Statistics
Orange County witnesses numerous truck accidents annually. Given the county’s commercial activity, a significant number of trucks traverse its roads daily. This increases the accident potential. It is essential to be informed about these accidents, their frequency, and potential causes. Detailed statistics on Orange County are difficult to find, but California publishes its data here. Thousands of people are killed in truck crashes annually.Legal Framework and Regulations
Federal and State Regulations Governing the Trucking Industry
The trucking industry is regulated closely to promote safety on roads. Federal departments, including the Federal Motor Carrier Safety Administration (FMCSA), set standards for hours of service, driver qualifications, and vehicle maintenance. These regulations exist to minimize risks. They also ensure that trucking companies and drivers operate responsibly. On a state level, California has its specific set of rules governing the trucking industry. These include weight and size limitations and specific routes that trucks can take. It even covers specialized training for truck drivers. Adherence to these regulations is paramount, and any breach can establish negligence in case of an accident.Importance of Evidence in Truck Accident Cases
In truck accident lawsuits, the evidence is king. Having substantial proof can make or break your case. Some key types of evidence that can significantly influence your case include: 1. Gathering Accident Reports Accident reports, especially those filed by the police, provide an unbiased account of the incident. These reports contain details like the parties involved, witnesses, and potential causes. Our attorneys always ensure to obtain and analyze these reports thoroughly. 2. Black Box Data Retrieval Most modern trucks are equipped with a black box or electronic logging device (ELD). These devices record data about the truck’s operation, like speed, braking patterns, and hours of service. Retrieving this data can offer insights into the moments leading up to the accident. 3. Eyewitness Testimonies Witnesses are a key source of evidence after a collision. Their testimonies can validate claims, offering perspectives that might not be present in official reports. We make it a point to interview all potential witnesses, ensuring their statements align with our client’s account. Consistent and robust evidence is the cornerstone of any successful truck accident case. It helps establish facts, prove negligence, and secures rightful compensation for the victims.Comparative Negligence in Truck Accident Cases
In California, comparative negligence applies to truck accident cases. This means that even if you’re partly at fault for the crash, you can still seek compensation. However, your compensation might be reduced by your percentage of fault. For instance, if you’ve found 20% at fault and your damages amount to $100,000, you might receive $80,000 after the 20% reduction. This doctrine emphasizes the importance of accurately establishing fault. At MLG Personal Injury & Accident Lawyers, we work diligently to ensure our clients’ fault is minimal, maximizing their potential compensation.Statute of Limitations and Filing Deadlines
In California, you typically have two years from the collision to submit a personal injury lawsuit. If you miss this window, you might lose the chance to seek compensation entirely. However, certain circumstances might extend or shorten this period. It’s always advisable to consult with an attorney promptly after an accident to ensure all deadlines are met.Common Causes of Truck Accidents in Orange County
Truck accidents can arise from various causes, ranging from human error to mechanical faults. Understanding these causes can aid in prevention and highlight where negligence might lie.Driver Fatigue
Mechanical Failures
Trucks are intricate machines that require regular maintenance. Mechanical failures, be it brake malfunctions or tire blowouts, can lead to catastrophic accidents. These malfunctions often arise from negligence – either from the trucking company failing to maintain the vehicle or from manufacturers providing defective parts.Improper Maintenance
Distracted Driving
With the rise in technology use, distracted driving has become a significant concern. Truck drivers, who might use devices for navigation or communication, aren’t immune. The consequences can be dire when a driver’s attention deviates from the road, even for a split second. These distractions, which might include texting, phone calls, or even adjusting the radio, can lead to severe accidents.Types of Truck Accidents
Injuries and Damages Resulting From Truck Accidents
Accidents involving trucks often leave a trail of destruction in terms of injuries and property damage. The aftermath can be overwhelming, but understanding the potential outcomes can aid in seeking rightful compensation. 1. Personal Injuries Given the size disparity between trucks and most other vehicles, the injuries sustained can be severe. Victims might suffer from broken bones, spinal injuries, or even traumatic brain injuries, requiring prolonged medical care. 2. Property Damage All truck collisions can cause extensive property damage. Vehicles might be rendered unusable, and other personal belongings within the car could be destroyed. 3. Wrongful Death Cases Sadly, truck accidents can also lead to fatalities. Families can pursue compensation for the loss of a loved one, covering funeral costs, lost future income, and the emotional pain and suffering they endure. Being informed about the potential injuries and damages helps victims approach their cases with clarity. Knowing what to expect can be a guiding light, assisting victims to make informed decisions as they seek justice.Building a Strong Truck Accident Case
Proving Liability and Negligence in Truck Accident Cases
In all truck accident cases, proving negligence is the cornerstone. You must show that the other party owed you a duty of care, breached that duty and that this breach directly resulted in the accident and subsequent damages. Establishing this requires a thorough understanding of the regulations governing trucking, from maintenance standards to driver qualifications. In many cases, multiple parties might share liability – the driver for their actions, the trucking company for their policies or maintenance neglect, and even the manufacturers for potential defects. Dissecting these layers of responsibility requires skill and expertise, ensuring that all liable parties are held accountable.Types of Compensation Available for Your Orange County Truck Accident
Victims of truck accidents can seek various types of compensation, depending on the damages they’ve incurred. These compensations can be broadly categorized into economic, non-economic, and, in some cases, punitive damages.Economic Damages
- Medical Expenses: Victims can claim compensation for medical bills incurred, both immediate and future, related to accident injuries.
- Lost Wages: If the injury keeps you from returning to work, you can pursue damages for the wages you’d otherwise earn during the recovery period.
- Property Damage: This covers the cost of repairing or replacing damaged properties, typically your vehicle.
- Rehabilitation Costs: Some injuries might require prolonged physical therapy or rehabilitation. These costs can be claimed as economic damages.
- Out-of-Pocket Expenses: Any additional costs directly related to the accident, like transportation to medical appointments, can be included in the claim.
Non-Economic Damages
- Pain and Suffering: This compensates victims for the physical pain and emotional trauma endured post-accident.
- Emotional Distress: Accidents can lead to psychological issues like anxiety, depression, or PTSD. Victims can seek compensation for these non-tangible damages.
- Loss of Enjoyment of Life: This compensation covers the reduced quality of life or the inability to partake in activities previously enjoyed.
- Permanent Disability: If the collision causes a permanent disability, you can seek compensation for the life-long challenges you’ll face.
Punitive Damages
In some cases, if the defendant’s actions were particularly reckless or malicious, the court might award punitive damages. These aren’t meant to compensate the victim but to punish the at-fault party and send a message for the future.Call Our Orange County Truck Accident Lawyer at MLG Personal Injury & Accident Lawyers To Handle Your Truck Accident Claim
Proven Track Record of Success
We Know What It Takes to Win
Semi-Truck Accident
$3.9 Million
Settlement for motorcyclist who was injured when a semi-truck made an improper right turn in front of him.
Defective Highway Design
$12.2 Million
Judgment against the California Department of Transportation for defective highway design in Los Angeles.
Defective Bridge Design
$11.9 Million
Settlement from the California Department of Transportation for defective bridge design in San Francisco.
Emotional Distress
$5.7 Million
Judgment for emotional distress damages suffered by an accident victim in Irvine.
Motorcycle Accident
$2 Million
Settlement for a motorcycle accident victim who lost a testicle due to collision with a car who ran a red light.
Car Accident
$1.5 Million
Settlement for an accident victim who was cut off by a car making a left-hand turn on PCH in Laguna Beach.