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Los Angeles Truck Accident Lawyer

A truck accident lawyer is needed any time you are involved in a truck accident. Every 16 minutes someone is killed in a trucking accident. Have you ever been driving on the freeway next to truck in fear that it is going to cross over that yellow line and directly into your path? Do you see trucks speeding down the freeway with 18 wheels and 53 feet of steel weighing as much as a skyscraper? We see such events on a daily basis, and we know how terrifying it can be. On average, a truck traveling 55 miles-per-hour needs approximately 300 feet to make a complete stop. Unfortunately, truck drivers fail to keep these facts in mind and cause hundreds of thousands of crashes each year that result  in severe and/or permanent injuries.

Some common causes of these deadly crashes are described below:

  1. Driver Fatigue: Truck drivers are on a deadline. This is the number 1 cause of fatal truck accidents in the United States. Exhausted truck drivers fail to pull over and take a nap or rest because they are on such a tight deadline. This is an issue because it forces truck drivers to continue trudging down the freeway to their final destination, while they can barely keep their eyes open.
  2. Insufficient Training: Each year more and more truck drivers are hitting the road without adequate training. This is another high-ranking cause of deadly truck accidents each year. Because driving a truck requires training and precision, it is vital that truck drivers have been properly trained before getting behind the wheel of a Big-Rig. Additionally, drivers that have not been adequately trained have less exposure to various hazards that truck drivers with more experience may be aware of.
  3. Excessive Speeding: Generally, the posted speed limit is put in place for a reason. Having a set speed limit helps the keep the flow of traffic moving, and keeps drivers safe from other vehicles. A common cause of devastating truck accidents is speeding. When truck drivers speed, they are at a higher risk than others to cause either; (1) a fatal collision, or (2) a crash with severe/permanent injury(s). In 2008 there were 11,674 fatalities as a result of speeding trucks. If you have been hit by a speeding truck, you are entitled to compensation for your injuries.
  4. Overloaded Trucks: Overloaded trucks are more prone to roll-over accidents due to the unstable load they are carrying. If a truck is overloaded (as they commonly are) they become like a ticking time bomb. In this way, if someone stops suddenly, or the truck itself must make an emergency stop, the chances of the truck rolling over are significantly higher due to the heavy, unstable load. If a trucks load rolls over onto your vehicle, or the truck itself rolls and/or jack knifes into your vehicle, the chances of a devastating crash is high.
  5. Brake Failure: Trucks are pieces of heavy machinery and require special maintenance. A truck driver should thoroughly check his brakes before heading out on a long trip. The results of a negligent truck driver can be fatal. If a trucks brakes go out it makes it nearly impossible to slow, making the chances of a crash that much higher.
  6. Insufficient Trucks: Insufficient maintenance of a truck can leave you with a deadly crash. Additionally, a mechanical failure can cause the same result. A crucial element of trucking is making sure that your vehicle is safe, and ready for transporting goods. If a truck driver or trucking company has failed to maintain the mechanics of their fleet, the results can be deadly. If you have been injured by a truck that has suffered a mechanical failure and/or insufficient maintenance call The Bear & Barrera Law Firm for a free consultation with one of our experienced truck accident attorney’s today.
  7. Poor Driving Conditions: Poor driving conditions can result in deadly crashes. If it is wet, rainy, snowing, or icy, truck drivers must use a higher standard of care compared to other automobiles on the road. If you have been hit by a truck due to poor driving conditions, then you are entitled to compensation for your loss. Trucks must abide by all traffic laws, and when driving conditions are poor, you are at a significantly higher risk of being hit by a truck.
  8. Intoxication or DUI: As previously stated, truck drivers are on a tight deadline. They must make it from point A to point B without a hitch. Sometimes the pressure can be tough on drivers and they resort to using narcotics and/or alcohol to keep them awake. This is a mistake because the results have shown to be disastrous. If a truck driver is intoxicated or under the influence of narcotics while driving down the highway, the chances are he will have impaired senses that can cause a severe crash. If you have been hit by a truck driver that is under the influence of narcotics or alcohol, call us for a free consultation and to speak directly with one of our experienced truck accident attorney’s.
  9. Impaired Vision (Night Driving): Truckers may experience impaired vision as a result of night time driving. Most truck drivers spend the entire night driving from point A to B no matter how tired they are. When truck drivers are on the road for hours at a time, (especially driving through the night), the chances of them having impaired vision is high, and can result in an unexpected, deadly crash.

ESTABLISHING LIABILITY

Negligence is what must be established in order to pursue your claim. The definition of negligence is, “the failure to use reasonable care, resulting in someone else’s injury(s)” or “failure to take proper care in doing something.” In order to establish liability (A.K.A negligence), you must first show;

1) A duty of care:

A legal duty of care is owed to the Plaintiff by the Defendant under the particular circumstances. An example of a simple duty of care is one we must use while operating a motor vehicle. In California, every person on the roadway is required to use “reasonable care.” Reasonable care is defined as the way, “a reasonably prudent person under the same circumstances” would act. If I’m driving my car and I fail to pay attention to the car in front of me, resulting in me rear-ending them, then I have breached my duty of care owed to the driver in front of me. I owed the other driver a duty to use reasonable care while driving my car, and I breached that duty when I failed to pay attention (for whatever reason) to the car in front of me, resulting in me hitting their car. Sometimes it can be tough to establish this vital element of your claim, that is why you need to call us for your free consultation.

2) Breach of that duty:

The defendant breached that legal duty of care by acting or failing to act in a certain way. The courts will look to see how a “reasonably prudent person” under the circumstances would act. If the Defendant failed to act in a way as the reasonable person under those same circumstances would, then the Defendant has breached the duty of care owed to you.

3) Causation:

It is by the Defendants actions or inactions that caused the Plaintiffs injury. Here, the courts look to see that the Defendants actions directly caused the harm Plaintiff is claiming. Causation can get tricky and most of the time you will need the help of an experienced personal injury attorney to establish this element of your claim.

4) Damages:

As a result of the Defendant’s actions or (inactions) the Plaintiff was harmed or injured. In order to recover compensation for your injuries you must show the court that you have suffered some type of actual damages. Actual damages may include; medical bills, both past and future, lost wages, future lost wages, and punitive damages. Punitive damages are awarded when the Defendant exhibits some type of extreme or outrageous conduct that the court wants to punish the Defendant by charging them monetary compensation. Punitive damages in civil cases can soar into the millions, as there is no limit on how much you may recover.

If you need help establishing liability for your case, please call our offices for your 100% free consultation.

YOUR RIGHTS AS A VICTIM

In California, victims of trucking accidents have a right to compensation for the injuries they have suffered. This includes but is not limited to; Current and ongoing medical expenses, emotional and/or psychological distress, loss of earnings, and loss of future earning capacity. For example, if you are a construction worker and can no longer use one of your hands as a result of a trucking accident, we will help you through the entire process of your claim and get you the maximum amount of compensation that your case deserves.

Our law firm gives each case the individual and personal attention that it deserves. We will not make extravagant promises of high compensation that we cannot keep. We vow to do everything we can to maximize the amount of compensation you receive for your injuries while still maintaining that special attorney-client relationship. Additionally, we always have an attorney on stand-by waiting to take your call. If you are out of the area, we will travel to your location and make sure to take care of all your personal injury needs. Each case we take on is special and our law offices will fight for you and your rights as an injured party. There is no case to big or too small for us, so call us today to speak with one of our experienced truck accident attorneys immediately.

NOTE:

Free Case Evaluation: If you have any further legal questions and would like to speak with an attorney, please feel free to contact our law offices at any time of the day or night. All legal consultations regarding your claim are 100% free of charge.


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Case Results

We have recovered millions of dollars for injured victims of Auto Truck and Motorcycle Accidents.

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