Dana Point Truck Accident Lawyer

A Dana Point Truck Accident Lawyer Can Fight for Your Rights

More than 4,000 people die in large truck accidents annually, and many thousands more are injured. The overwhelming majority of fatalities and injuries are suffered by occupants of cars and other passenger vehicles (68%) as opposed to occupants of large trucks (15%), according to the Insurance Institute for Highway Safety (IIHS). That is because 18-wheelers are so much larger and heavier than cars. A Dana Point truck accident lawyer can fight for your rights if you have been injured or a loved one has been killed in a truck crash.

Pedestrians, bicyclists, and motorcyclists are also at risk of being hit by a truck. Roughly 16% of fatalities in truck crashes fall into this category. If you or a loved one has been affected by such a tragedy, it’s important to seek legal assistance from an experienced pedestrian accident lawyer who can help you navigate the complexities of these cases. Large truck crash fatalities are on the rise. The number of people who died in truck crashes was 28% higher in 2020 than in 2009, according to IIHS data. The number of truck occupants who died was 35% higher during that same period.

People traveling in smaller vehicles are extremely vulnerable when colliding with semi-trucks. Trucks frequently weigh 20-30 times more than cars. A fully loaded tractor-trailer can weigh 80,000 pounds compared to the average passenger car, which weighs 2,000 – 4,000 pounds. Trucks are also much taller with greater ground clearance, which results in cars and motorcycles under-riding trucks in crashes. In such unfortunate situations, it’s crucial to consult a skilled motorcycle accident lawyer to protect your rights and seek the compensation you deserve..

All of this can spell disaster for the drivers and passengers in smaller vehicles. It is common for truck crash injuries to be extremely severe including paralysis, amputations, irreversible head trauma, and spinal cord injuries. Huge medical bills and rehabilitation can add up over years. That is why filing a legal claim for compensation is so important.

Why Choose Us as Your Dana Point Truck Accident Lawyers?

Trucking companies and truck manufacturers do everything they can to defeat personal injury claims. If they are willing to settle a case, they often lowball their offer. Therefore, you need an aggressive legal team. Attorney Aaron Fhima is a tough negotiator with a keen legal mind. He has been handling personal injury cases for decades and knows state statutes’ complexities and nuances. Neale & Fhima knows how to craft powerful, air-tight legal claims. We will work tirelessly to get the maximum payout possible in your case. We have many satisfied clients and an attractive attorney referral program.

How We Can Help: A Truck Accident Lawyer Who is Fierce

At Neale & Fhima, we have handled many truck accident claims where victims were horrifically injured or killed because of spomeone else’s negligence. Severe injuries can permanently change a family’s future trajectory and add burdensome medical bills and financial hardships that last for years. When representing you, we will:

1. Explain your legal rights and your options for a remedy.
2. Gather evidence and conduct an accident scene investigation.
3. Interview witnesses.
4. File all legal paperwork and attend court hearings.
5. Prepare and attend depositions with you, if needed.
6. Negotiate aggressively on your behalf with insurance companies to get the maximum payout possible.
7. Litigate your claim in court, if necessary.

Our truck accident lawyer in Dana Point will not back down when fighting for your financial compensation. To find out more about how we can help, call us at 888-407-2955.

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How Can a Dana Point Truck Accident Lawyer Use a Large Truck’s “Black Box” to Prove My Case?

In accidents involving 18-wheelers, the “black box” can provide critical information your truck accident lawyer can use to prove liability in your case. A truck’s black box — sometimes referred to as an “event data recorder” or an “electronic control module” — is similar to the black boxes found in passenger airplanes. The computer records data about systems in the tractor-trailer, which can provide valuable evidence. Information on the black box can show what was happening in the truck moments before and during the crash. This includes:

• GPS coordinates
• Speed
• Brake application
• Tire pressure
• Cruise control usage
• Deceleration and acceleration
• How long the truck was operating
• Seat belt usage.

Dana Point Truck Accident FAQs

Our truck accident lawyers in Dana Point have handled hundreds of personal injury claims, and we hear some of the same questions over and over from clients. Here are answers to some frequently asked questions:

• Who pays my attorney fees in a Dana Point truck accident lawsuit?

  We work on contingency at Neale & Fhima, which means your Dana Point truck accident attorney’s fees and case expenses are paid by the defendant’s insurance company in successful claims.

• What states in the U.S. have the most fatal truck accidents?

  According to the National Safety Council, the states with the most deaths from large truck crashes are:

  • Texas – 643 deaths
  • California – 398 deaths
  • Florida – 344 deaths.
• What areas does Neale & Fhima serve?

  With offices in Dana Point, Irvine, San Diego, Los Angeles, and San Francisco, we handle cases throughout California. We represent all traffic injury victims, including those hurt in truck collisions, EV accidents, car accidents, and motorcycle crashes.

• Is there a cap on damages for truck accidents in California?

  No, there are no limitations on the amount of money a victim can recover for economic and non-economic damages in a truck accident in California.

• What kinds of things can I recover damages for?

  In a successful truck accident claim, you can recover compensation for medical bills, lost wages, the cost of future medical care, loss of future earnings, property damage, pain and suffering, emotional distress, scarring and disfigurement, and loss of the enjoyment of life. If your loved one dies, you can also recover funeral and burial costs.

• Can my spouse sue for loss of companionship if I am injured?

  Yes, in some cases a spouse can sue for “loss of consortium” if your Dana Point truck accident lawyer can prove that your injury prevents you from engaging in everyday spousal activities like cleaning, caring for children, going places together, and enjoying sexual relations. If successful, your spouse can be awarded damages of his/her own.

If you have more questions about filing a personal injury claim, call a truck accident attorney in Dana Point at 888-407-2955. The phone call is free, so you have nothing to lose.

Wrongful Death in Truck Crashes

In the unfortunate event that your loved one dies in a truck accident, you can consult with a wrongful death lawyer to file a wrongful death claim and recoup damages for medical bills, loss of future earnings, property damage, pain and suffering, and funeral and burial costs. Under California law, persons who can file a wrongful death claim include:

• Spouse or domestic partner of the deceased
• Children of the deceased
• Another party who is entitled to property by intestate succession.

California law states that a wrongful death claim must be filed within two years of the person’s death. (CCP 335.1)

Deadliest Roads for Traffic Crashes in California

Some roads — because they are curvy, heavily trafficked, or prone to road construction – are more dangerous than others. The 5 deadliest roadways in California include:

1. Interstate 15 from Cajon Junction to Hesperia
2. Interstate 80 in the East Bay from Albany to the start of the Bay Bridge
3. Interstate 80 also in the East Bay through the cities of Richmond, San Pablo, and Pinole
4. Interstate 5 north of Sacramento
5. Interstate 215 through San Bernardino.

When traveling these roads, use extra care. If you have been injured in a crash on one of these roads, you may be able to collect compensation.

How Much Is My Truck Accident Case Worth?

Each client’s circumstances are unique, so there is no “average” amount a Dana Point truck accident lawyer can recover for you. Financial damages are extremely fact dependent. Generally, the more serious the injury, the greater the payout. Other factors that can affect financial damages include fault and liability, the maximum insurance coverage a defendant carries, and whether the truck manufacturer is liable for manufacturing defects. The more defendants you can sue and the larger their insurance policies, the greater amount of money you may be able to recover. For a free assessment of what your case could be worth, contact a truck accident attorney in Dana Point.

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Causes of Large Truck Accidents

Safety defects and long hours often contribute to truck crashes. Some of the most common contributors to large truck crashes include:

• Vehicle defects (three-quarters of all truck accidents involve vehicle defects)
• Shotty vehicle maintenance by trucking companies
• Poorly loaded tractor trailers, causing an imbalance in cargo
• Shifting cargo on sharp turns and steep inclines/declines
• Bad weather including ice, rain, and snow
• Low visibility due to fog, trees, bushes, or road debris
• Poor road conditions including potholes, patches of gravel, or missing guardrails and signage
• Driver intoxication with drugs or alcohol
• Speeding
• Driver fatigue (exceeding the maximum allowable hours of service.)

Injuries resulting from truck collisions can include:

• Brain injuries and head trauma
• Spinal cord and neck injuries
• Broken bones
• Thermal burns
• Cuts and lacerations
• Internal bleeding and organ damage
• Paralysis.

How Much Time Do I Have to File Truck Accident Claim?

If you did not discover the injury for several months – such as internal organ damage or delayed head trauma — then a knowledgeable brain injury lawyer can help you file a lawsuit within one year from the date the injury was discovered. The clock starts ticking on the date the injury happened. If you did not discover the injury for several months – such as internal organ damage or delayed head trauma — then a lawsuit must be filed within one year from the date the injury was discovered. It is important to file your claim before the statute of limitations expires. Otherwise, a judge can dismiss your case, and you will be barred from recovering damages.

California’s Pure Comparative Negligence Rule

The state of California follows a “pure comparative negligence” rule, which means an injury victim can sue for compensation even if he or she is partially at fault for the accident. Unlike many other states that recognize comparative negligence, truck accident victims can recover damages even if they are more than 50% at fault for the accident.

Here is an example of how pure comparative negligence works. If total damages in a truck accident case are $1 million, but you are found to be 40% at fault for the crash, you will only be awarded $600,000 in total damages ($1 million reduced by 40%).

Contact a Dana Point Truck Accident Lawyer Today

A Dana Point personal injury attorney at Neale & Fhima understands the fear, pain, and uncertainty you’re experiencing after a truck accident. You may have PTSD, nightmares, anxiety, and fear of the future. You may also be experiencing excruciating pain due to the injuries you sustained in the crash. Neale & Fhima’s lawyers and staff feel great compassion for our clients. We can help you recover the financial damages you are entitled to. To find out more about how we can help, call us for a free consultation at 888-407-2955.

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