Were you or a loved one seriously hurt in a truck accident in Encinitas, CA? An experienced Encinitas truck accident lawyer at Petrov Personal Injury Lawyers can help you fight for compensation to cover medical bills, lost wages, and more.
Our lawyers have been representing truck accident victims in Southern California since 2012. We have over 20 years of experience between us–and we’ve already helped injured clients recover more than $40 million in compensation.
How Petrov Personal Injury Lawyers Can Help After a Truck Accident in Encinitas
Accidents involving big rigs, semi-trucks, and tractor-trailers can be devastating. If someone else caused the crash, you may be entitled to compensation. However, it’s important to remember that the trucking companies and their insurance carriers are not on your side.
Instead, they’ll do whatever it takes to minimize the amount of money you take home. Common scare tactics include blaming the victim, claiming that you failed to mitigate damages, and even claiming that your injuries were pre-existing.
When your financial security is on the line, you deserve an experienced Encinitas personal injury lawyer who can help you fight back.
Here are some of the ways Petrov Personal Injury Lawyers can help after a truck wreck:
- Conduct an investigation and gather evidence to prove your case
- Retain top experts in various fields to make your case stronger
- Calculate the value of your personal injury claim
- Fight back when the insurance company attempts to blame you
- Negotiate to reach a fair settlement with the insurance company
Every day can be a struggle when you’re dealing with an injury. Our Encinitas personal injury attorneys are here to handle the insurance battle on your behalf. Just give us a call to schedule a 100% free case review today.
How Common Are Truck Accidents in Southern California?
Trucking is an important industry in California and across the U.S. In California, over 130,000 people work as truck drivers.
Unfortunately, truck drivers can also pose a serious threat to other drivers on the road. When trucks are involved in car accidents, occupants in passenger vehicles often suffer devastating injuries.
According to data compiled by the Federal Motor Carrier Safety Administration (FMCSA), at least 438,842 large commercial trucks were involved in accidents in the United States in 2020. A total of 4,842 of those accidents caused at least one death, and 107,000 trucking accidents caused injuries that year. In California alone, 398 people died in truck accidents in 2020.
What Is My Encinitas Truck Accident Case Worth?
There is no way to accurately estimate your case value without first understanding the facts. All personal injury cases are unique. Even if you suffer the same injuries as another victim, those injuries will impact your life differently.
As such, our lawyers will carefully evaluate all relevant factors when we’re calculating your case value.
Some of the factors that we’ll evaluate include:
- The nature of your injuries and your prognosis for recovery
- The cost of your medical care
- Your lost wages during recovery
- Your emotional and physical suffering
- Your estimated future costs and losses, including diminished earning potential
- Whether you played any role in causing the accident
Some of your damages will be easy to prove. You’ll have receipts and documentation to establish your medical expenses and lost income. Other damages, such as pain and suffering, will require a skilled lawyer who has experience negotiating with profit-driven insurance companies.
Our Encinitas truck accident attorneys at Petrov Personal Injury Lawyers are always available to discuss your case. To learn more about your case value, call for a free case review today.
What Types of Damages Are Available to Victims of Truck Accidents in California?
A serious accident can leave you struggling with multiple types of losses. Medical bills add up quickly. You might also fall behind on your daily expenses if you’re unable to work due to your injuries.
Examples of the compensation you may be entitled to receive include:
- Past and future medical expenses
- Lost wages, income, and employment benefits
- Reduced future earning potential
- Nursing care
- Property damage to replace your damaged vehicle and belongings
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Anxiety, depression, and PTSD
- Loss of consortium
- Damages for wrongful death if the crash was fatal
Do you want to make sure you’re getting the full compensation you deserve? Give our accident lawyers in Encinitas a call today. We’ll evaluate your case for free.
Can I Recover Damages If I’m Being Blamed for Causing a Truck Accident in California?
California follows a pure comparative negligence law. Everyone whose careless, reckless, or wrongful acts contributed to the accident can be held responsible. Injured parties are not exempt from this rule.
You won’t lose your right to compensation entirely unless you were 100% liable for the crash. However, you will be held liable for your share of fault. If you were 20% to blame, for example, your compensation will be reduced by 20%.
That said, assigning a percentage of fault is never an exact science. To minimize the impact of the shared fault rules, you should have an experienced lawyer defending you.
Our Encinitas Truck Accident Attorneys Will Fight To Recover Compensation for All of Your Injuries
Our lawyers at Petrov Personal Injury Lawyers know how serious motor vehicle accidents involving trucks can be. If you were injured and it wasn’t your fault, we’re here to help you fight for fair compensation for all of your injuries.
We often represent drivers and passengers who have suffered:
- Broken bones
- Crushing injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Organ damage
- Chest injuries
- Catastrophic injuries
- Wrongful death of a loved one
We understand that you may still be recovering from your injuries. That doesn’t mean it’s too early to get legal advice. Our truck accident attorneys in Encinitas can get started today, so call for your free initial consultation.
What Causes Most Accidents Involving Trucks in Encinitas, California?
FMCSA research has found that about 87% of truck accidents occur because of human error. Truck drivers spend much more time on the roads than typical drivers. They’re more likely to be distracted and tired. That, of course, means they’re also more likely to cause an accident despite their driving experience.
Some of the most common causes of car and truck accidents are:
- Distracted driving
- Dangerous turns
- Failure to yield the right-of-way
- Dangerous passing maneuvers
- Aggressive driving
- Failure to account for the truck’s longer stopping times and wide turns
- Failure to check blind spots
- Running a red light or stop sign
- Drunk driving
- Driving under the influence of drugs
- Poorly maintained trucks
- Hazardous truck cargo
- Failure to properly secure the truck’s cargo or trailer
Truck drivers are required to obtain a commercial driver’s license (CDL). Many accidents occur because drivers aren’t properly licensed and so shouldn’t be operating the vehicle in the first place.
How Do I Prove Negligence If I Was Injured in a Truck Accident in California?
Negligence is the root cause of most trucking accidents. In legal terms, people who are careless or reckless are called “negligent.”
To establish negligence, you must prove four elements:
- A legal duty of care existed
- A breach of duty occurred
- The breach was the direct cause of the truck accident
- You suffered damages
Of course, you’ll also have to identify the person who was legally liable for your damages. Even if you prove that the truck driver was negligent, someone else may be responsible for paying your damages.
- The trucking company that employs the truck driver
- Mechanics and maintenance companies
- Inspection companies
- Manufacturers of defective safety equipment
- Someone who was responsible for the truck’s cargo
- Government agencies
Our lawyers will gather the evidence you need to support your personal injury case. That evidence may include the truck’s black box recording device, the truck driver’s hours-of-service log, maintenance records, and even statements from eyewitnesses.
The truck company is already investigating to determine the cause of the crash. Our lawyers are here to do the same for you. Call our law firm in Encinitas to learn more about how we can help today.
How Long Do I Have To File a Lawsuit After a Trucking Accident Under California Law?
The statute of limitations in California is only two years. You have two years from the date of the crash to file a personal injury lawsuit for damages. After two years pass, you no longer have the right to pursue compensation from the at-fault party.
Contact an Encinitas Truck Accident Attorney for a Free Consultation
Your financial security is too important to trust just any lawyer. An experienced Encinitas truck accident attorney at Petrov Personal Injury Lawyers can help you maximize your case value. Just call to schedule a free case review today.