Truck Accident Lawyer Victorville

Victorville Truck Accident Lawyer 

Personal injury attorneys. Truck on highway in Victorville.

Were You Injured in a Truck Accident in Victorville?

Truck accidents are a common occurrence in San Bernardino County, and unfortunately, the aftermath of being involved in such an accident is devastating. Between catastrophic injuries, recovery, accumulating debt, and overall mental distress, the struggles that follow a crash are life-changing. If you or a loved one were injured in a trucking accident, you may be eligible to receive compensation from the responsible parties.

Victorville personal injury attorney, Daniel Kim, and his award-winning legal team are dedicated to defending victims’ rights and assisting them recover maximum compensation. As a plaintiff’s law firm, we only represent victims, never the insurance companies. We’re available to answer any questions regarding your accident 24 hours a day, seven days a week. Contact us by calling (760) 552-7412 or filling out a quick form to request a free consultation. You don’t pay anything until you win.

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Why Hire Daniel Kim As Your Victorville Truck Accident Lawyer?

Daniel Kim, voted a Top 3 Personal Injury Lawyer in Victorville, CA, has dedicated his career to defending the rights of motor vehicle accident victims. As a former paralegal for the US Army, Daniel understands the pain and hardship that follows an accident. He is committed to giving the best possible service to his clients and never makes his clients settle for less. When you hire our Victorville law firm, we make these guarantees:

  • A 99% success rate
  • Exclusively deal with auto accidents
  • Recovered over $250 million for clients
  • A+ Rating from the Better Business Bureau (BBB)
  • Free case evaluation 
  • No fees until we win your case

In addition to our hands-on approach, we fully prepare every case in the event it goes to trial. We won’t take the easy way out, because we believe victims should get what they deserve. Contact our law firm in Victorville, CA to schedule your free case evaluation.

 

How Can a Truck Accident Lawyer Help Me?

Image lawyer businessman sitting at the office with a woman customer explaining the agreement of advice.

Injuries suffered in a trucking accident can be catastrophic, altering your financial standing and physical well-being for years to come. If you sustained injuries in an accident due to negligence, you need a truck accident attorney on your side.

Experienced Victorville truck accident lawyers can thoroughly investigate and gather information about your case. Obtaining surveillance footage, speaking with eyewitnesses, and reviewing local traffic laws are just a few of the guarantees you’ll have when hiring a lawyer. A lawyer is also necessary when going after the at-fault party, whether it’s the truck driver, the trucking companies, or another driver. Lawyers are experienced negotiators who can take on and win against aggressive insurance adjusters. Having a lawyer represent you truly makes all the difference.

It’s critical that you begin the claims process as soon as possible, because there is a deadline. The statute of limitations in California states that victims have two years to file a personal injury claim, either from the date of the accident or the date of when the injuries were discovered. However, if the truck accident involved a government vehicle, like a fire truck or USPS delivery truck, the statute is reduced to just six months. Contact a Victorville personal injury lawyer to get started on your case and to avoid missing important filing deadlines.

 

What Losses Can I Recover?

Essentially, if an accident involving a truck resulted in a major injury with a serious outcome, then the value of your settlement will be higher. To best determine how much a case is worth, schedule a free session with our Victorville truck accident lawyer. Here’s a general overview of what we will discuss during your case evaluation.

When it comes to compensation, these areas of concern must be examined:

  • Current and future medical bills
  • Lost wages from missing work
  • Physical pain and suffering
  • Disabilities or disfigurement
  • Emotional trauma or ongoing mental distress
  • Damage to personal property
  • Wrongful death

Contact our law firm in Victorville, CA today to find out how much your case is worth.

 

What Are Common Causes of Truck Accidents?

Semi truck accidents. Commercial big rig white industrial long haul semi truck transporting frozen cargo in refrigerator semi trailer driving on the multiline interstate highway road with one way traffic direction

According to data from the Federal Motor Carrier Safety Administration, there were 4,842 fatal truck crashes in 2020. Additionally, the data found that truck fatalities occur most frequently in rural areas and on interstate highways.

The studies found that speeding and impaired driving were two of the most common factors in truck accidents. Below are some other common causes of truck accidents:

Distracted driving: Truck drivers are prone to many distractions – texting, talking on the phone, using dispatch devices, eating, and adjusting the radio. Even a few seconds where a driver is not looking at the road can cause a serious accident.

Reckless driving: Commercial truck drivers who are caught speeding over the 55 miles per hour limit are subject to a fine and points on their DMV record. Despite these risks, they still speed, tailgate, and ignore traffic signals. These reckless behaviors can cause an accident with a passenger vehicle much smaller in size.

Poor training and vehicle maintenance: While large trucks are generally inspected before they hit the road, oversight is still a possibility. Tire blowouts and faulty brakes can lead a truck to spin out of control. Truckers need extensive training in the event they encounter an emergency while driving.

Fatigue: Many of us only spend a few hours at most commuting to and from work, while truck drivers can spend up to 12 hours on the road. These excruciatingly long hours can lead to tiredness and fatigue. While truckers in California are required to take breaks and follow safety regulations, some may violate the “hours of service” rules to meet delivery deadlines, ultimately affecting their safety and the other drivers around them.

Overloading cargo: In California, trucks cannot exceed the maximum weight allowance of 80,000 lbs. (averaging to about 20,000 lbs. per axle). If this amount is exceeded, it can cause the cargo to fall onto the highway or cause the truck to tip over.

Driving under the influence: Truck drivers are held to a different standard than regular drivers when it comes to DUI. California Vehicle Code 23152(d) makes it a crime to drive a commercial vehicle with a blood alcohol concentration (“BAC”) of .04% or higher – compared to the standard 0.8%. Truckers with a BAC of .04% or higher run the risk of having their commercial license revoked for life.

Severe weather: In some cases, truck accidents are out of a driver’s control. Bad weather conditions, like rain, ice, snow, and fog can cause a driver to lose control of their vehicle and cause an accident.

While truck companies are required to thoroughly evaluate and check each driver’s DMV records, mistakes are inevitable. Specific laws and regulations are put in place to keep all drivers safe, but when rules are not followed, accidents happen. Contact Victorville personal injury attorneys if you suffered injuries in a trucking accident.

 

Who Is Liable in a Truck Accident?

Since truck drivers have to follow strict industry laws and maintain different insurance coverage, truck accidents are very different from car accidents. Another thing to complicate the process? Liability. Determining who is liable in a truck accident can be a logistical nightmare. The truck driver, trucking company, or truck manufacturer could be at fault, as well as the injured driver of the passenger vehicle.

Negligence

However, since California is an at fault state, even an injured driver who is partially responsible can still recover damages. Known as comparative negligence, all parties can share a degree of liability. Proving liability is most commonly determined by negligence. In California, there are three elements for proving negligence in a truck accident.

  1. The truck driver owed a duty of care to the driver 
  2. The truck driver breached his or her duty of care 
  3. The truck driver’s breach caused the accident
  4. The accident resulted in the victim’s injuries and losses

Strict Liability

A truck driver who failed to act with reasonable care can be held liable. However, the truck company or manufacturer can also hold some responsibility if a defective product caused the accident. In this case, driver negligence is not a factor, but rather strict liability. California’s strict liability laws state a claim can be based on:

  1. Manufacturing defects
  2. Design defects
  3. Warning defects

Filing a strict liability personal injury case is a complex and delicate process requiring the skill of an experienced attorney. We can help you hold the responsible party accountable and seek fair compensation.

 

What to Do After an Accident

Safety manager is is checking electronic logbooks on a tablet

Immediately following a truck accident, your actions can greatly affect the outcome of your personal injury case. If you were injured in a Victorville truck accident, follow these steps to protect your safety and legal rights:

  1. Get to safety: Move your vehicle out of the way if possible and seek immediate medical attention.  An injury diagnosis and treatment plan from a medical professional prevents injuries from worsening. Additionally, failing to see a doctor will negatively affect your claim, as it can be interpreted by the insurance company that you were not injured in the crash.
  2. Call the police: A police report will be taken at the truck accident site, and that report can be utilized as evidence in a personal injury claim.
  3. Exchange information: Collect the truck driver’s information, including contact number, employer, insurance information, and the truck’s license plate. If there were witnesses, collect their statements, and request their contact information, as well.
  4. Gather evidence: After exchanging information, document the collision site by taking photos and videos of the wreck, your injuries, roads, and all other relevant visuals.
  5. Contact your insurance company: Alert your insurance company of your crash, but avoid going into details until you secure legal representation.
  6. Call a Victorville truck accident lawyer: Consulting with an accident lawyer will provide legal guidance on how to proceed. Established truck accident attorneys typically offer a free consultation to get started.

Another very important factor is evidence in a truck accident claim. Having photos, videos, and witness statements from the accident will strengthen your case. In addition to these items, there are a few other truck-specific pieces of evidence that you should have. Commercial trucks carry a black box, which contains important information such as driving time and speed. It’s very important that you obtain the black box as soon as possible, as the trucking companies are only required to retain this information for six months. You should also obtain DOT-required company records, such as electronic logging devices (ELD), dispatch and trip records, and driver qualification records.

 

Common Truck Accident Injuries

Truck accident injuries are often serious and even fatal, considering the sheer size and weight of a commercial truck compared to the standard passenger car. When an accident occurs due to driver error or a manufacturing defect, the effect on victims can be traumatic and permanent. Our Victorville accident attorney has recovered damages for the following types of injuries:

  • Cuts and lacerations: Cuts, bruises, and lacerations can lead to scarring and may even require plastic surgery.
  • Burns: When big rigs carrying fuel and other dangerous chemicals crash, it can lead to devastating outcomes. Victims may suffer from first degree, second degree, third degree, or fourth degree burns.
  • Broken bones: While a broken arm or leg might not seem like a serious injury, it can lead a victim to miss work and lose wages. If left untreated, the bone can heal incorrectly making normal, everyday activities difficult.
  • Back and neck injuries: If you are involved in a truck accident, you will likely experience some sort of neck or back injury. Whiplash is a common neck injury that can lead to chronic pain or other long-lasting symptoms.
  • Head injuries: Traumatic brain injuries (TBI), including concussions, blunt head trauma, and facial fractures are some of the most devastating injuries caused by truck crashes.
  • Internal injuries: Injuries to the internal organs, such as the spleen or liver, require immediate medical care and extensive recuperation.
  • Spinal cord injuries: A spine injury is often the most severe and can lead to partial or total paralysis or quadriplegia.
  • Amputation: This type of catastrophic injury can occur at the accident site or later in surgery if the damage to the limb can’t be repaired. Amputations are life-changing injuries that could lead to permanent disability.
  • Wrongful death: When an accident results in a fatality, the surviving family or spouse can file a claim for wrongful death compensation.

 

Victorville Truck Accident Statistics

Row of tanker trucks

According to NHTSA crash data, a total of 4,965 people died in large trucking accidents in 2020. Of those fatalities, 71% were occupants of passenger vehicles, compared to 17% of truck occupants and 12% of pedestrians, bicyclists, and motorcyclists. The data also found that 74% of deaths in truck crashes involved tractor-trailers, while 27% involved a single-unit truck. Below are some of the types of trucks and accidents that can occur:

Common Trucks on the Road

  • Tractor-trailers/semi-trucks
  • Tanker truck
  • Dump trucks
  • Tow trucks
  • Cement trucks
  • Flatbed trucks
  • Delivery trucks
  • Garbage trucks
  • Buses

Types of Truck Accidents

  • Jackknife accidents: A jackknife accident happens when the two separate parts of the truck, the cab and trailer, swivel into different directions, resulting in the driver losing control of the truck.
  • Head-on collisions: This happens when vehicles driving in opposite directions collide head-on.
  • Rollovers: When a truck’s wheels lose friction, it can cause the truck to flip on its side or upside down.
  • T-bone accidents: This is when the front of one vehicle crashes into the side of another, making a “T” shape.
  • Sideswipe accidents: Similar to a T-bone collision, this is when cars and trucks collide going in the same direction.
  • Blind spot crashes: Large trucks have large blind spots. Truckers who do not carefully check when changing lanes can cause accidents involving big rigs.
  • Spilled cargo accidents: When cargo is not properly loaded, it can fall or spill onto the road.
  • Rear-end collisions: A rear-end collision involving a truck has a much bigger impact than a passenger vehicle.
  • Bridge strikes: A truck can collide with an overpass or bridge if it’s too tall for clearance.

Dangerous Roads, Intersections, and Highways

Trucking accidents are most common on interstates and highways where drivers who are traveling long distances are prone to drowsiness. Victorville and San Bernardino County is home to several congested highways and roads that can lead to accidents and injuries. Interstate 15, which runs from San Diego to the Nevada border, cuts through Victorville and is considered one of the deadliest highways in Southern California. Below are the city’s most dangerous roads, intersections, and highways:

  • Amargosa Rd.
  • Bear Valley Rd.
  • La Paz Dr.
  • Seneca Rd.
  • Mesa Dr.
  • Ridgecrest Rd.
  • Highway 395
  • Interstate 15 (I-15)
  • Interstate 215 (I-215)
  • Cajon Pass
  • Mariposa and Bear Valley intersection

 

Schedule Your Free Consultation With Us Today

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An accident with a semi-trailer, 18-wheeler, or big rig can cause devastating and lifelong injuries.  At The Law Offices of Daniel Kim, we fight to get accident victims the compensation they need to recover. Our award-winning Victorville law firm has represented clients across the Inland Empire who have suffered from the negligence of a truck driver or trucking company. We handle all of the insurance negotiations and legal proceedings to ensure you are awarded full compensation.

Our truck accident attorney serves clients in nearby neighborhoods and communities in the Victorville area and throughout San Bernardino county including: Adelanto, Apple Valley, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Yucaipa, and Yucca Valley.

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Other Practice Areas We Specialize In

 

Directions to Our Victorville Office

Our Victorville office is located right off the 15 freeway, just north of the Victorville Sheriff’s Department and just west of Victorville Superior Court.

Car Accident Lawyer Daniel Kim — Victorville, CA
Address: 14359 Amargosa Rd Suite S, Victorville, CA 92392
Phone: (760) 552-7412

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