Truck accidents can be some of the most devastating events on the road, often leading to catastrophic injuries, including but not limited to traumatic brain injuries,  and spinal cord injuries. The immense size and weight of commercial vehicles can cause severe harm, especially when factors like drowsy driving, speeding, or improperly loaded cargo are involved.

Victims face overwhelming physical, emotional, and financial challenges, but California law allows you to seek full compensation for your losses. The Schenk Law Firm is dedicated to helping you navigate the complexities of your claim, ensuring you receive the justice and compensation you deserve so you can focus on your recovery.

Why Choose The Schenk Law Firm?

• Extensive Experience: Our attorneys have a deep understanding of the laws and regulations specific to the trucking industry. We have successfully represented countless truck accident victims, securing favorable outcomes and ensuring that justice is served. Our experience allows us to handle even the most complex truck accident cases with confidence.
• Personalized Attention: Each of our clients has a unique story to tell. Our job is to understand and tell it. You’re not just another case. We take the time to understand your story and craft a legal strategy that’s tailored to your specific needs. We stand with you every step of the way, providing the advocacy and support you need during this difficult time.
• Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
• Relentless Advocacy: We relentlessly pursue justice for our clients. We won’t rest until we’ve explored every avenue to maximize your compensation. Your recovery is our top priority, and we fight tirelessly to ensure your rights are protected.
• No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That’s why we work on a contingency fee basis. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Truck Accident Liability

Determining liability in a truck accident can be a complex process. It requires legal experience and thorough investigation of various at-fault parties, potentially including:

1. Truck Driver: The driver may be liable if they engaged in negligent behavior, such as speeding, distracted driving, driving under the influence, or violating hours-of-service regulations. Fatigue and impairment are common issues due to long hours on the road, making driver negligence a significant factor in many truck accidents.
2. Trucking Company: The company that owns or operates the truck can be held responsible if it engaged in negligent practices, such as inadequate hiring, insufficient training, failure to properly maintain the vehicle, or pressuring drivers to meet unrealistic delivery schedules that encourage unsafe driving behaviors. The company is also responsible for ensuring that its drivers comply with all federal and state regulations.
3. Truck Owner: If the truck is owned by a different entity than the driver or trucking company, the owner may be liable for failing to maintain the vehicle or for allowing an unqualified driver to operate it. This includes ensuring regular inspections and repairs are carried out to keep the truck in a safe working condition.
4. Maintenance Providers: Companies responsible for maintaining the truck can be liable if they fail to perform necessary repairs or if maintenance work is performed improperly. This includes issues such as brake failures, tire blowouts, or other mechanical problems that could have been prevented with proper maintenance.
5. Truck or Parts Manufacturer: If a defect in the truck or its components contributed to the accident, the manufacturer could be held liable. This might include defects in the braking system, tires, or engine that led to mechanical failure. Product liability claims can be complex and often require testimony to prove that the defect existed and caused the accident.
6. Cargo Loaders: Companies responsible for loading the truck can be liable if improper loading contributed to the accident. Overloading, improperly secured cargo, or uneven weight distribution can cause a truck to tip over or lose control, leading to an accident. These cases often involve violations of federal cargo securement standards.
7. Third-Party Contractors: Sometimes, third-party contractors are involved in the logistics and operations of trucking. If a third-party contractor’s negligence, such as failing to schedule proper maintenance or not following safety protocols, contributed to the accident, they could be held liable.
8. Government Entities: If the accident was caused by poor road conditions, inadequate signage, or other issues related to road maintenance, a government entity might be liable. Claims against government entities are subject to different rules and deadlines, making them more complex to navigate.
9. Other Drivers: In some cases, another vehicle on the road may have contributed to the accident by cutting off the truck, causing it to swerve or lose control. In these cases, the other driver could share liability.
10. Insurance Companies: While not directly liable, insurance companies play a critical role in compensating victims. Trucking companies typically carry large insurance policies, and the insurers may be involved in negotiating settlements or disputing liability claims.

Steps to Take After a Truck Accident – Contact The Schenk Law Firm

Taking the right steps after a truck accident can significantly impact the outcome of your case:

1. Ensure Safety: Move to a safe location if possible and check for injuries. Due to the size and weight of trucks, injuries can be severe, so prioritize safety first.
2. Call 911: Report the accident and seek medical assistance if needed. Ensure that a police report is filed, which will be essential for your claim.
3. Collect Information: Exchange contact and insurance information with the truck driver and any other involved parties. Take photos of the scene, vehicle damage, and any visible injuries. If there are witnesses, obtain their contact information as well.
4. Seek Medical Attention: Even if you feel fine, get a medical evaluation to document any injuries. Some injuries may not be immediately apparent but can develop over time.
5. Avoid Speaking with the Trucking Company’s Insurance: Refrain from discussing the accident with the trucking company’s representatives or their insurance adjusters without consulting a lawyer first. Anything you say could be misrepresented by the insurance carrier.
6. Contact The Schenk Law Firm: Promptly reach out to our experienced truck accident attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Common Types of Truck Accidents

Truck accidents can occur in various forms, each with its unique dangers:

• Blind Spot Crashes: Trucks have large blind spots, making it difficult for drivers to see smaller vehicles. These accidents often occur during lane changes or turns when the truck driver is unaware of another vehicle in their blind spot.
• Underride Accidents: Smaller vehicles can become trapped under a truck’s trailer in a collision, often resulting in severe injuries or fatalities. These accidents typically occur when a passenger vehicle collides with the side or rear of a truck.
• Rollover Accidents: These occur when a truck tips over due to factors like improper loading, sharp turns, or driver error. Rollover accidents are particularly dangerous as they can involve multiple vehicles and lead to spills of hazardous materials.
• Tire Blowouts: A sudden tire blowout can cause the truck driver to lose control, leading to serious accidents. Tire blowouts may result from defective tires, improper maintenance, or overloading.
• Jackknife Accidents: When a truck’s trailer swings out from behind the cab, forming a 90-degree angle, it can cause the truck to skid uncontrollably. Jackknife accidents often occur due to sudden braking or slippery road conditions.
• T-Bone Accidents: These collisions occur when a truck runs a red light or fails to yield, leading to another vehicle striking the side of the truck. T-bone accidents often result in significant damage and severe injuries.

Common Truck Accident Injuries

Due to the size and weight of commercial trucks, accidents often result in severe and life-changing injuries:

• Traumatic Brain Injuries (TBIs): These occur from a violent blow or jolt to the head, leading to long-term cognitive, physical, and emotional impairments.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, requiring lifelong medical care and altering the victim’s quality of life.
• Broken Bones: The force of a truck collision often leads to fractures that may require surgery and extensive rehabilitation.
• Internal Injuries: The impact can cause internal bleeding and damage to organs, which may be life-threatening and require immediate surgery.
• Burns: Due to the potential for vehicle fires or chemical spills, burn injuries are common and can require long-term treatment and skin grafts.
• Amputations: The severity of truck accidents can lead to the loss of limbs, necessitating prosthetics and ongoing medical care.

Types of Compensation Available in a Truck Accident Claim

Victims of truck accidents may be entitled to various forms of compensation to address both economic and non-economic losses:

Economic Damages

• Medical Bills: Covers all current and future medical expenses related to the injury, including surgeries, hospital stays, rehabilitation, and any necessary medical equipment like wheelchairs or prosthetics.
• Lost Wages: Compensation for income lost during recovery and any future loss of earning capacity if the injuries result in long-term or permanent disability. This also includes any loss of benefits or retirement contributions.
• Property Damage: Reimbursement for damage to your vehicle, as well as any personal items affected by the accident, such as electronics, clothing, or other valuables.
• Rehabilitation and Therapy Costs: Ongoing costs for physical therapy, occupational therapy, or other rehabilitation services that are necessary for recovery.
• Future Medical Expenses: Consideration of long-term medical needs, including additional surgeries, ongoing treatment, or assistive devices required for daily living.

Non-Economic Damages

• Pain and Suffering: Compensation for the physical pain and discomfort experienced due to the accident, considering both immediate and chronic suffering that may persist long after the incident.
• Emotional Distress: Damages for the psychological impact of the accident, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions that may arise from the trauma.
• Loss of Consortium: Compensation for the impact of the injuries on your relationship with your spouse or partner, including loss of companionship, affection, and support.
• Disfigurement and Scarring: Damages for any permanent scarring or disfigurement resulting from the accident, recognizing the emotional and psychological toll of visible injuries.
• Loss of Enjoyment of Life: Compensation for the diminished ability to enjoy daily activities, hobbies, and other aspects of life that were part of your routine before the accident.

Punitive Damages

• Punitive Damages: Awarded in cases where the at-fault party exhibited extreme negligence or reckless behavior, such as drunk driving or intentional disregard for safety regulations. Punitive damages are meant to punish the wrongdoer and deter similar conduct in the future, and while they are rarely awarded, they can significantly increase the overall compensation in a case.

How We Can Help with Your Truck Accident Claim

We are committed to providing comprehensive legal support for truck accident victims. Here’s how we can help:

1. Thorough Investigation: We conduct in-depth investigations to gather crucial evidence, including black box data, driver logs, maintenance records, and eyewitness accounts. This meticulous approach helps establish liability and increases the potential value of your claim.
2. Litigation Experience: If a fair settlement cannot be reached, we are fully prepared to take your case to court. Our team has the litigation experience necessary to present a compelling case before a judge and jury, ensuring that your rights are fully protected.
3. Compassionate Support: We understand the emotional and physical toll a truck accident can take. Our team provides empathetic support throughout the legal process, keeping you informed and involved at every step. We work closely with you to address your concerns and ensure that your voice is heard.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a truck accident claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve. The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to calculate the full value of your claim, ensuring that you only accept a settlement that fairly compensates you for your injuries and losses.

Seeking Justice and Compensation

No amount of money can ever truly compensate for the injuries and trauma sustained in a truck accident. However, pursuing legal action can offer financial relief and a sense of justice for you and your loved ones. The Schenk Law Firm is committed to guiding you through this challenging process with compassion, ensuring that you receive the compensation you deserve.

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