I Suffered a Truck Accident in San Diego. What Are My Rights?

truck accident in San DiegoUnderstanding your rights is crucial if you’ve been involved in a truck accident in San Diego.  This article provides a roadmap to navigate the legal landscape following this kind of accident. In an accident involving a truck or any other big vehicle, you’ll know what to do, what you’re entitled to claim and other helpful information.

If you’ve already had an accident with a truck and need the help of an accident lawyer in San Diego, contact My Lawyer Mark at (866) 721-5808. Our firm offers free consultation, and our experts have experience handling insurance companies and their lawyers. They will fight tooth and nail for every penny on your behalf. 

The Severity of a Truck Accident in San Diego

Large commercial trucks pose a significant threat on the road due to their immense size and weight.  According to the Federal Motor Carrier Safety Administration (FMCSA), truck accidents are far more likely to result in fatalities than crashes involving passenger vehicles alone. The increased danger stems from factors like:

  • More prominent blind spots: Trucks have extensive blind spots, making it difficult for drivers to see smaller vehicles around them.
  • Longer stopping distances: Trucks require significantly more distance than passenger cars.
  • Increased cargo weight: The weight of a truck’s cargo can significantly impact its handling and maneuverability.

Determining Fault

Establishing fault in a truck accident is essential for pursuing compensation for damages.  Several parties could potentially be liable, including:

  • The truck driver: Driver negligence is a leading cause of truck accidents. Factors like speeding, distracted driving, drowsiness, or driving under the influence can all contribute.
  • The trucking company: Companies may be held responsible for negligent hiring or retention practices, inadequate training, or pressure drivers to violate safety regulations or work excessive hours.
  • The mechanic/maintenance company: Faulty brakes, tire blowouts, or other mechanical issues can cause accidents. If improper maintenance is identified, the mechanic or maintenance company could be liable.
  • The cargo loader: Improperly loaded cargo can shift during transit, affecting the truck’s balance and leading to a rollover accident.

Your Rights After a San Diego Truck Accident

Following a truck accident, several crucial steps can protect your rights:

Seek Medical Attention

Your health is the top priority.  Get immediate medical attention for any injuries sustained in the accident, regardless of severity.  Document all medical care you receive, including doctor visits, medications, and treatments.

Secure the Scene

If possible, call 911 and request police assistance.  The police report will document the accident scene, including details of the vehicles involved, witness statements, and the investigating officer’s observations.

Gather Evidence

If possible, take photos of the accident scene, including the damage to the vehicles involved, skid marks, and road conditions. Also, gather contact information from any witnesses.

File an Insurance Claim

Contact your insurance company promptly to report the accident.  Cooperate with their investigation but avoid admitting fault.

Consult a Truck Accident Lawyer

Truck accident cases are often complex due to federal trucking regulations and the potential involvement of multiple parties.  An experienced truck accident lawyer can evaluate your case, determine potentially liable parties, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

The Role of a San Diego Truck Accident Lawyer

A truck accident lawyer can be invaluable in navigating the legal process after a collision.  Here’s how they can assist you:

  • Investigate the accident: They will thoroughly investigate it to identify all potentially liable parties and gather evidence to support your claim.
  • Handle complex legal issues: Truck accident cases involve federal trucking regulations and may require working with multiple insurance companies. Your lawyer will have the expertise to handle these complexities.
  • Negotiate with insurance companies: Insurance companies often attempt to minimize settlements. Your lawyer will have the skill and experience to negotiate a fair settlement on your behalf.
  • Prepare for and represent you in court: If negotiations fail, your lawyer will be prepared to argue your case.

Damages Recoverable After a Truck Accident

Truck accident victims in San Diego may be entitled to compensation for various damages, including:

  • Medical expenses: Past, present, and future medical costs associated with treating your injuries.
  • Lost wages: Compensation for wages lost due to time away from work due to your injuries.
  • Reduced earning capacity: If your injuries limit your ability to earn a living in the future.
  • Property damage: The cost of repairing or replacing your vehicle.
  • Pain and suffering: Compensation for physical and emotional pain caused by the accident.
  • Loss of consortium: Compensation for the loss of companionship or assistance from a spouse or family member due to your injuries.

Are you ready to take your claim to the next level? Call My Lawyer Mark at (866) 721-5808 to make a free consultation and get quality representation as soon as possible. The more you take, the shorter your chances of obtaining maximum compensation are. You have rights, and you can defend them with My Lawyer Mark.