What are Truck accidents?
Trucks are one of the main modes of transporting and delivering goods from factories to stores. However, with congested roads and highways, thousands of truck accidents happen each year. Specifically, compared to other cities in Orange County, larger cities such as Irvine, Anaheim, and Santa Ana has one of the highest number of truck accidents. If you were involved in a truck injury as a driver or an occupant of another car, you are entitled to compensation for your injury and damages.
I was hit by a truck in Irvine, is the truck driver liable?
There are several ways to determine if the truck driver was liable. For instance, there are specific regulations that truck drivers have to follow. If they did not abide by the rules, they are negligent for your injury and damages. Some common regulations include, but are not limited to,
- Approved routes: Under California regulations, truck drivers have to follow routes that are approved by the Department of Transportation. There are clear signs if trucks are or aren’t allowed. It is the truck driver’s responsibility to follow these signs.
- Load limit: Under California regulations, trucks can not exceed a maximum of 53 feet in length and 80,000 pounds in weight. If the truck were to exceed these limits, they may not be able to stop in time or crash when turning a corner.
- Hours of Service: Truck drivers have to follow guidelines for how long they can drive in order to ensure that the drivers are not overly fatigued. For trucks, there is a 11-hour driving limit after 10 consecutive hours off duty. Additionally, drivers can not go past the 14th hour after going on duty. Finally, drivers must take a 30-minute break after an 8-hour driving period.
Our Irvine Personal Injury Lawyers Represent Clients In The Following Practice Areas:
- Brain Injury
- Bicycle Accidents
- Car Accidents
- Dog Bites
- Hotel, Resort & Vacation Injuries
- Wrongful Death
- Medical Device Injuries
- Motorcycle Accidents
- Pedestrian Accidents
- Premise Liability
- Slip and Fall Injuries
- Turo Accidents
- Uber/Lyft Accidents
What are some important dates and timeline for a Slip and Fall lawsuit in Irvine?
In California, the statute of limitations details until when the lawsuit can be filled. Specifically, there is a two-year deadline for compensation for injury or death from a truck accident. If you are seeking compensation for damage to property, there is a three year deadline for repair and replacement under California Code of Civil Procedure section 338.
Common causes of truck accidents in Irvine, CA
- Rollover: When the truck is carrying a lot of load and going at a fast speed, the driver can lose control of the truck. From this loss of control, the truck can collide with many obstacles on the road causing the truck to rollover. Rollovers can block or even crush nearby cars.
- Blowout tire: If the truck is not properly maintained, it can lead to tire blowout on the road. It is especially dangerous when it occurs on highways as the truck can suddenly swerve out of control.
- Collisions: The most common type of collisions would be rear-ended. Specifically, trucks carrying a large load and going fast takes a longer time to stop compared to compact vehicles. A distracted or reckless driver can lead to a fatal collision.
- Loose load: During transportation, if the cargo is not secured properly to the regulations, it can come loose. This can block or crash into nearby cars.
- Jackknife: If the truck swings outward for a 90-degree angle, it leads to a jackknife. In this shape, the truck can easily skid or rollover, failing to stop in time.
- Driving past the speed limit: Many trucks on the road and freeways go past the speed limit. As a result, they may not be able to slow down in time for other vehicles in their lane.
- Driving under the influence: Drivers can be impaired due to alcohol use or other drug use. Recently, with the legalization of Cannabis in many states, there has been a rise in DUI. It is important to note that even if a drug is legalized, does not permit drivers to operate a vehicle under the influence.
- Reckless driving: Reckless driving often leads to unintended accidents as the truck goes out of control. It is the driver’s responsibility to determine if they are capable of driving, especially if they feel fatigued or emotionally unstable.
- Poor weather and road conditions: Traction on roads are important for trucks when carrying a large load as they can skid out of control.
What damages are covered under truck injuries?
Unfortunately, truck accidents can be life-threatening. Common damages that you may have suffered from includes, but are not limited to
- Medical bills: Medical treatment can be expensive and often times are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication. Some of the common injuries include:
- Broken bones: collision from a truck, even if the truck was driving at the speed limit, is enough to break bones in a driver’s or passenger’s legs, arms, etc. It can take several weeks to even months to recover. In severe cases, victims can suffer permanent disabilities and disfigurement from amputations and burns.
- Spinal cord injuries: spinal cord injuries lead to many drivers to lose the ability to control certain parts of their body. Specifically, a spinal cord damage below the waist can lead to the inability to move body parts below the waist. If victims are fortunate enough with the treatment, they may be able to go through rehabilitation but for many victims, they may never be able to walk again.
- Brain trauma: While minor injuries can include small fractures, truck accidents can lead to serious injuries such as facial disfigurement, physical or cognitive impairment, and death.
- Internal bleeding: While many injuries can be easily identifiable, some are not that obvious. Collisions can lead to internal organs or blood vessels to rupture. If not treated immediately, it can lead to organ failure.
- Expenses: If there were costs that were out of pocket, it can be included for compensation
- While it can be unfortunate, some pedestrians will not survive their injuries. As a result, expenses for burials and funerals can be filed.
- Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury. Furthermore, some injuries can have lasting impacts, such as a permanent scar or losing the ability to walk, which can be hard to recover emotionally.
- Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.
- Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury
Evidence that can be collected and used to prove at-fault driver’s negligence
There are several pieces of information that can be helpful to the case. For instance, it is important for the individuals involved to call the Irvine police for an accident report. This allows a physical and official record of the accident that proves the incident took place. Additionally, this can confirm that the injuries were from the recorded accident.
Furthermore, it is helpful to take pictures of your injuries, the scene of the accident, skid marks, points of reference, as well as any other damages that are relevant. Within those picture, include a copy of the at-fault driver’s license, his/her insurance card, and the license plate. Contact information can be vital to reach out to eyewitnesses as they can confirm any claims you made about the accident and injuries.
Additionally, even if there were only minor injuries, it is important to visit a doctor to have a medical evaluation. The doctor can determine any injuries that are present and caused by the accident and can record what treatments are required.
What should I do if I have suffered from truck injury in Irvine, CA?
If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence as detailed above.
Be sure to report the incident to the police or public agency in charge so that they can file an incident report. You can also request security footage that captured the incident and the surrounding areas.
We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our lawyers are ready to assist you with truck accidents in Irvine.
How Can We Help?
While seeking immediate medical attention should be your first priority, it is essential that you seek legal advise too. If you have suffered Truck Accident injuries it should not be your responsibility to pay for your medical costs. We understand the extent of pressure that our clients experience after a Truck Accident injury. Our experienced Irvine personal injury attorneys can help you recover your past and future medical costs, lost earning from your job, emotional distress, pain and suffering, and in some cases punitive damages to punish the responsible person, while you focus on recovering your health.
CONTACT US TODAY FOR A FREE CASE EVALUATION.
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