Irvine Truck Accident Lawyer

If you or a loved one has been injured in a truck accident in Irvine, you likely have large medical bills, lost wages, and fears about an uncertain future. It’s understandable that you’re grappling with a lot of anxiety, pain, and stress. You don’t have to suffer alone. While you focus on your medical recovery, an Irvine truck accident lawyer can step in and handle legal issues surrounding the crash. This includes filing a lawsuit for financial damages.

Why Choose Us as Your Irvine Truck Accident Lawyer?

There are a lot of attorneys in California to choose from, but our legal team is outstanding. Attorney Aaron Fhima is a tough negotiator with a creative legal mind. He’s been handling truck accident cases for many years, and he knows the complexities and nuances of state statutes. Our legal team understands the quirks in the law, as well as the many court opinions interpreting it. We put this knowledge to work for you.

How We Can Help

At Neale & Fhima, we have handled hundreds of personal injury claims in which victims suffered terribly because of someone else’s negligence. Following are the ways we can help with your truck accident claim. We will:

1. Explain your legal rights and your options for a remedy.
2. Gather evidence, medical records, police reports, photos, surveillance video, and all other data to prove your claim.
3. Interview witnesses, and even hire expert witnesses, if needed.
4. Conduct an accident scene investigation.
5. Build a strong case based on California statutes and case law that puts you in a favorable light.
6. Negotiate aggressively on your behalf with insurance companies to get the maximum payout possible.
7. Litigate your claim in court, if necessary.

At Neale & Fhima, we don’t back down when fighting for the compensation you deserve. To find out more about how we can help, call us now at 888-407-2955.

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Damages You May Be Entitled To

If you’ve been injured in an accident, an Irvine truck accident lawyer can fight for you so that you may recover both economic and non-economic damages. These include:

Economic

• Medical and hospital bills
• Lost wages
• Cost of future medical care and rehabilitation
• Loss of future earnings potential
• Property damage
• Wrongful death

Non-Economic

• Pain and suffering
• Scarring and disfigurement
• PTSD and emotional distress
• Loss of consortium

In some cases, where a defendant’s disregard for the safety of others is particularly egregious, or grossly negligent, punitive damages can also be awarded. These are designed to punish the defendant or wrongdoer and send a warning to other would-be offenders.

Truck Accident FAQs

Our Irvine truck accident lawyers have handled hundreds of injury accident cases, and we often hear a lot of the same questions from clients. Here are answers to some frequently asked questions:

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

  In California, there are no limitations on the amount of money a person can receive for the economic damages they incurred because of an injury. Non-economic damages are also unlimited in most cases – the exception is in medical malpractice claims.

• How many vehicle accident fatalities are there in California each year?

  The most recent data shows that more than 4,000 people died annually in motor vehicle accidents in California.

• Who can bring a wrongful death claim in California?

  Sadly, in some collisions between large 18-wheelers and passenger vehicles, motorists die. When that happens, you can file a wrongful death claim to recoup damages for medical costs, lost wages, pain and suffering as well as funeral and burial costs. Under California law, those 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.

  The law states that all wrongful death claims must be filed within two years of the person’s death. (CCP 335.1)

• What are the deadliest roads for vehicle accidents in California?

  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
• Do most truck accident lawsuits settle or go to trial?

  The vast majority of truck accident lawsuits settle before going to trial. But because they are often large, multi-million-dollar cases, trucking companies and their insurance representatives will wait until the last minute before trial to make serious efforts to settle because they can earn interest on those settlement funds before paying injury victims.

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

  IAt Neale & Fhima, we work on a contingency, which means that your Irvine truck accident attorney’s fees and case expenses are paid by the defendant’s insurance company in successful cases. If we do not recover a settlement for our client, we are paid nothing.

• What areas does Neale & Fhima serve?

  Truck accident lawyers at our law firm serve clients throughout California. We have offices in Irvine, Dana Point, San Diego, Los Angeles, and San Francisco. We handle all types of motor vehicle injury victims, including those hurt in car crashes, motorcycle accidents, and boat accidents.

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

  Yes, in some cases a spouse can sue for “loss of consortium” if your truck accident injury prevents you from engaging in everyday spousal activities such as going places together, helping with tasks around the house, raising children, and enjoying sexual relations. If successful, your spouse would be awarded damages of his or her own.

• Why do I need an Irvine truck accident attorney?

  You need an experienced Irvine truck accident lawyer who can focus on the legal system and securing a financial payout while you focus on recovering from your injuries. Research shows that personal injury plaintiffs represented by a lawyer typically achieve significantly larger financial settlements than do people trying to represent themselves in court.

If you have additional questions about accidents and the damages you may be entitle to, call an Irvine truck accident lawyer at Neale & Fhima at 888-407-2955 for a free consultation.

California’s Pure Comparative Negligence Rule

The state of California follows a “pure comparative negligence” system. This means that an injury victim can sue for compensation even if he or she is partially at fault for the truck accident. Unlike many other states that recognize comparative negligence, truck injury victims can recover compensation even if they are up to 99% at fault for the accident. However, the compensation (reduced by the percentage of your responsibility for the crash) would be negligible, and the other party would be entitled to financial compensation.

Here’s an example of how pure comparative negligence works. If you are awarded $300,000 in a car accident settlement, but you are found to be 50% responsible for the truck accident, you will only be awarded $150,000 in total damages ($300,000 reduced by half). If you want to know more about California negligence laws, call an Irvine personal injury attorney.

How Does an Irvine Truck Accident Lawyer Proves Negligence?

Truck accident attorneys must prove four elements to establish negligence in a lawsuit. These include:

1. Duty
2. Breach
3. Causation
4. Damages/Harm

Generally, what this means is that your Irvine truck accident lawyer must show that the defendant (1) owed you a duty of care, (2) breached that duty, (3) caused you harm, and (4) the harm you suffered can be measured and compensated by awarding financial damages.

How Much Time Do I Have to Hire an Irvine Truck Accident Attorney?

The statute of limitations for filing a personal injury claim (including truck accident injury) is two years in the state of California. The clock starts ticking on the day the accident occurred. For a wrongful death claim, the statute of limitations is two years from the date of the person’s death, which, in some cases, could be weeks or months after the injury occurred. It’s important to file your claim before the deadline. If you don’t, a judge could dismiss your case, barring you from recovering financial damages.

How Can Irvine Truck Accident Lawyers Use a Large Truck’s “Black Box” to Prove My Case?

In accidents involving automobiles, trucks, and tractor-trailers, often times a “black box” can provide critical information that can help prove liability in your case. A black box is sometimes referred to as an “event data recorder” or an “electronic control module,” and much like the black boxes in passenger airplanes, it’s a computer system that records data about systems in vehicles. Information on the black box can help your Irvine truck accident lawyer discover evidence that can establish your legal claim. Information on the box can show what was happening with the truck in the moments before the crash. This includes:

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

How Much Is My Truck Accident Case Worth?

Because every situation is unique and financial damages are determined on fact-dependent factors, there is no “average” amount a truck accident is worth. Generally, the more severe the injury, the higher the payout. Other factors that can affect the amount of financial damages are the number of defendants, the maximum insurance coverage defendants carry, and whether punitive damages are awarded. For an estimate of what your case could be worth, contact our Irvine truck accident lawyers.

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5 Tips for Truck Accident Injury Victims

As a truck accident injury victim, there are several steps that you should take – and mistakes that you need to avoid – in order to preserve your claim for maximum financial compensation. Here are 5 tips for protecting your claim:

1. Seek prompt medical attention after your accident and follow the doctor’s treatment plan.
2. If you are able, take pictures with your mobile phone of your injuries, the damage to both vehicles, and the truck accident scene.
3. Avoid talking to the insurance companies. While it is ok to report a truck accident, you don’t want to say anything else that could later be used against you in court.
4. Stay off social media. While it may be tempting, you do not want to post photos or talk about your truck accident injuries online.
5. Don’t delay in enforcing your legal rights. California’s statutes of limitations require injury victims to file their claims promptly, and delays can make it more challenging to collect key evidence in your case. Call an Irvine truck accident lawyer at Neale & Fhima today.

Contact Our Truck Accident Lawyers Today

Whether you’ve been involved in a truck crash or motor vehicle accident, the skilled Irvine truck accident attorneys at Neale & Fhima will fight for the compensation you deserve. Truck collisions can be deadly because passenger cars are so much smaller and lighter than 18-wheelers. If you’ve sustained a head injury, spine injury, broken bones, burns or any other harm after a truck crash, Neale & Fhima can help you seek financial damages. To find out more about our legal services, call us for a free consultation at 888-407-2955.

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