Fresno Truck Accident Attorneys

Injured in a Big Rig Accident? We Can Help.

Truck drivers carry a higher level of responsibility than other drivers due to the size and weight of the vehicles they operate. Large commercial trucks cause devastating accidents every year in the United States. Weighing as much as 80,000 pounds, these massive vehicles can cause serious havoc. 

If you or a loved one was injured in an accident involving a semi-truck, we encourage you to contact the Fresno truck accident lawyers at Fowler | Helsel | Vogt as soon as possible.

Why Choose Our Truck Accident Attorneys?

At Fowler | Helsel | Vogt, our truck accident attorneys are ready to give you the help and legal protection you need if you've suffered an injury or lost a loved one in a truck accident. We put our clients first because we understand the vital need to get the best possible compensation available to them. 

Here are a few reasons to consider partnering with us:

• 24-hour availability
• Free and confidential consultation
• Millions recovered for our clients
• Award-winning representation

Call (559) 900-1280 to schedule a FREE consultation with our Fresno truck accident lawyers.

Common Truck Accident Injuries

Truck accidents are often devastating and can result in severe injuries or even fatalities. Due to the size and weight of commercial trucks, the injuries sustained in these accidents tend to be more severe than those in car accidents.

At Fowler | Helsel | Vogt, our experienced truck accident attorneys have seen a wide range of injuries resulting from truck accidents in Fresno, CA and the surrounding areas.

Common injuries in truck accidents include:

• Traumatic brain injuries
• Spinal cord injuries, such as paralysis
• Broken bones and fractures
• Internal injuries, including organ damage
• Burn injuries
• Cuts and lacerations
• Emotional trauma, such as PTSD
• Concussions

If you or a loved one have been injured in a big rig accident, it is important to seek medical attention immediately and contact an attorney. Fowler | Helsel | Vogt is dedicated to fighting for the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.

What Causes Truck Accidents?

The Federal Motor Carrier Safety Administration (FMCSA) is designed to regulate truck drivers and their employers in order to protect others on the road. For example, under FMCSA regulations, truck drivers may not operate their vehicles for longer than 11 hours or 14 hours in total including work that does not involve driving. 

By ignoring the hours of service regulations, truck drivers put others in serious jeopardy of accidents caused by exhausted driving.

Common causes of 18-wheeler accidents include, but are not limited to:

• Jackknifing - Jackknifing occurs when a truck folds in on itself due to the front of the vehicle rapidly slowing and the trailer behind it still moving at a faster speed. This can be caused by equipment failure, slick weather conditions, and driver error. A jackknifing truck is out of the driver's control and can easily cause a multi-car collision.
• Tire blowouts - Truck tire blowouts are a common cause of semi-truck accidents, and typically, they are preventable.
• Drunk drivers - The BAC for a DUI is much lower for a truck driver. Whereas for non-commercial vehicles the percentage is 0.8%, for semi-truck drivers, it is 0.04%. For drivers under 21, that percentage is just 0.01%.
• Making unsafe lane changes - It is very important that a semi driver makes slow, predictable lane changes. Truck drivers need to keep an eye out for vehicles passing through their blind spot.
• Fatigued drivers - Fatigued driving is a very common factor in semi truck accidents.
• Driving aggressively - A driver who is a bully is a much bigger threat behind the wheel of a large vehicle.
• Failure to follow rules of the road - Truck drivers are obligated to follow special rules. Truck drivers in CA must use truck lanes when available. There are also speed limit restrictions as well as restrictions on when the driver can drive outside of the far right lane.
• Improperly secured cargo - Even if someone else has loaded it, the truck driver is responsible for making sure it is correctly secured.
• Inexperienced drivers - Many trucking companies in CA hire drivers with little to no experience.
• Texting or talking on the phone while driving - Texting or talking with a phone in hand while driving is not permitted in any vehicle in CA, and it is a very serious traffic violation for a commercial vehicle.

What Impacts Liability In Trucking Accidents?

Negligent actors involved in trucking accidents can include the semi-truck operators, the transportation companies, and even the contracting manufacturers who are responsible for preparing transit loads. 

All truck accidents are investigated by the California DOT or the local jurisdiction police departments where the accident occurs. Many times, there are multiple agencies that step into action as soon as possible following the fact. 

While the information found by the government agencies can establish solid facts in the case, many times, a trained accident attorney can investigate the accident for evidence that may have been missed by the oversight agencies or evidence that could help show direct negligence and injuries, as a result.

Identifying All Liable Parties After a Truck Crash

In the aftermath of a truck accident, determining liability can be complex. Unlike a standard car accident, where the fault may be straightforward, multiple parties may be involved in a truck crash. The potentially liable parties include:

The Trucking Company 

The trucking company is crucial in determining liability. It is responsible for the truck's maintenance and its drivers' actions. The company must ensure drivers are properly rested and not under the influence of alcohol or drugs. The trucking company must also maintain the vehicle to prevent malfunctions that could lead to accidents.

Historically, trucking companies tried to evade liability by classifying drivers as independent contractors. However, since 1956, federal laws require trucking companies to have exclusive control over leased trucks until the lease is completed, making it harder for companies to avoid responsibility.

The Manufacturer

Liability can also fall on the truck and its parts manufacturers. If a defect in the truck's original design or manufacturing contributed to the accident, the truck manufacturer might be held liable. Similarly, if a defective aftermarket or replacement part was a factor, the parts manufacturer could be responsible.

Shipping/Loading Liability

The company responsible for loading or shipping the truck’s cargo may also bear liability if improper loading or packaging contributed to the accident. Evidence such as photos, videos of load securement, or data from smart sensors on modern trucks can be used to prove negligence in shipping or loading practices.

How Insurance Comes Into Play in Big Rig Accidents

Truck accidents often result in severe damages and fatalities, making insurance coverage a key element in financial recovery. Determining fault plays a significant role in how insurance compensates injured parties.

Driver Liability

Each driver involved in the truck accident is evaluated for their role in causing the collision. While the truck driver is typically the primary focus, other drivers are also assessed for their driving behavior. Liability may be shared, and each involved party's insurance company could be responsible for some damages. This can complicate cases, sometimes requiring multiple legal representatives.

Trucking Company Liability

Trucking companies are frequently found liable for accidents involving their trucks. Their insurance companies become the primary negotiators in claims. Companies and insurers often work to minimize the payout, especially in cases that could result in punitive damages, such as catastrophic injuries or wrongful deaths.

Coverage Levels

The insurance coverage each party holds can significantly influence the case outcome. Truck drivers and trucking companies must carry higher liability coverage, which can affect the extent of compensation available.

For those injured in truck accidents, working with experienced legal professionals who can effectively navigate the complexities of insurance claims and ensure fair compensation is essential.

Violation of Federal Trucking Regulations

There are federal regulations set in place to ensure truck drivers, as well as other motorists on the road, stay safe. The main regulations for trucks and truck drivers include:

• Weight restrictions: There are weight restrictions for trucking companies when it comes to the amount of cargo any given truck can carry. The actual weight will vary depending on the size and weight of the truck and cargo. Many times, trucking companies will overload trucks with extra cargo for convenience.
• Hours of service: Truck drivers are limited by FMCSA regulations to the number of hours/days they can consecutively drive and the number and length of breaks they are required to take. Fatigue driving, especially within the trucking industry, is one of the most common causes of these accidents when these regulations are not followed.
• Maintenance checks: There is a certain number of maintenance and inspection checks that trucking companies must adhere to with their vehicles. Unfortunately, these checks are sometimes disregarded by transportation companies for convenience

In most instances, trucking companies are held liable for accidents that involve breaking federal regulations. However, in some instances, the truck driver could be held liable. 

For example, this would be the case if a driver logged a break that he didn’t take in order to get to his destination quicker. In other cases, the company may insist that the driver skip a break or drive past regulated hours.

Should I Accept a Settlement Offer?

Truck collisions are some of the most severe collisions on the road. When these accidents occur, catastrophic injuries are not an uncommon outcome. If this is the case for you, we understand that you probably want to take a settlement offer immediately so that you can focus on rebuilding your life. 

However, before you do, there are some things to keep in mind.

Before you accept a settlement offer, it's important to calculate the full extent of your damages in order to ensure you don’t take less than what you need to fully recover from the accident – which should account for all future medical expenses and lost wages.

A Fresno truck accident attorney will be able to help you answer the following questions:

• Have you been out of work without pay since the accident?
• Will you ever be able to work again? If so, will you be able to perform the same job?
• How much are your current medical bills and how much should you expect to pay in the future?
• Will you need ongoing medical treatment, such as rehabilitation or therapy appointments?
• Will you need to see any specialists or have any surgeries?
• Do you need any special equipment, such as a wheelchair or a walker? If so, does your home need additional equipment built?

As you can see, there are so many different factors that could mean you deserve more than the settlement offer. Many times, the trucking company’s insurance provider will not calculate these entire damages into your offer; they want to offer you as little as possible.

Our attorneys at Fowler | Helsel | Vogt know this and will ensure that the insurance company does not take advantage of your rights to compensation. If they offer you less than what you deserve, our lawyers are willing to protect your rights both in and out of court.

Schedule a Free Initial Consultation Today!

Handling a truck accident claim can be complicated! Don't try to go it alone. Work with our truck accident attorneys in Fresno who are experienced in these cases if you or a loved one suffered injuries caused by a truck accident due to the negligence of the driver. 

By working with a knowledgeable truck crash lawyer in Fresno from Fowler | Helsel | Vogt, you can be sure that your case is in good hands.

Injured in a semi-truck accident? Call us today at (559) 900-1280 to schedule a free consultation.