Fresno Truck Accident Lawyer

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 catastrophic damage. 

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. Our Fresno personal injury lawyers have 40 years of combined experience, and we’re available to speak to you 24/7.

Why Choose Our Truck Accident Attorneys in Fresno, CA?

At Fowler | Helsel | Vogt, our truck accident attorneys are ready to help if you were injured 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 our Fresno truck accident team:

• Serving injured clients since 2010: Since opening our doors, Fowler | Helsel | Vogt has been a committed advocate for truck accident victims in the Fresno community, helping clients recover the compensation they need to move forward with their lives.
• Free consultation: There is no cost and no obligation to speak with our personal injury team. We offer a completely free consultation so you can learn about your legal rights and options before making any decisions. You do not pay unless we win.
• 40 years of combined legal experience: Our Fresno truck accident lawyers bring decades of combined experience handling truck accident cases across California, giving our clients a decisive edge in negotiations and at trial.
• Available 24/7: Truck accidents can happen at any hour, and so can your questions and concerns. Our personal injury team is available around the clock to provide the answers and support you need at every stage of your case.

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 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 has been injured in a big rig accident, it is important to seek medical attention immediately and contact a Fresno truck accident attorney.

Fowler | Helsel | Vogt is dedicated to fighting for the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering. Our personal injury law team is available around the clock, so call now to learn more.

What Causes Big Rig 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 fatigued 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.
• 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 0.08%, 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: Aggressive driving behaviors are especially dangerous when large commercial vehicles are involved.
• 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.

What Is the Statute of Limitations for Truck Accidents in California?

Under California law, truck accident victims generally have two years from the date of the accident to file a personal injury lawsuit. This timeline is known as the statute of limitations.

While that may sound like plenty of time, truck accident cases often involve long investigations, commercial trucking companies, black box data, maintenance records, and aggressive insurance companies that begin building their defense immediately after a crash.

Important evidence can disappear quickly, and waiting too long may hurt your ability to recover compensation. That is why it is important to partner with Fowler | Helsel | Vogt as soon as possible after a Fresno truck accident to comply with the statute of limitations.

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.

Factors Contributing to Negligence and Determining Liability in Truck Accidents

Truck accidents can be devastating, and negligence is often a contributing factor. Negligence refers to the failure to exercise reasonable care, resulting in harm or serious injury (including traumatic brain injuries) to others.

In Fresno, CA, negligence plays a significant role in truck accidents, and understanding how it contributes to these accidents can help victims seek the compensation they deserve.

Trucking companies are responsible for various operational aspects that can lead to negligence. Several key factors contribute to this negligence:

• Negligent maintenance: Proper vehicle maintenance is essential for safe operation. Failing to inspect or repair faulty brakes, tires, or other critical components can lead to serious accidents.
• Negligent driving: Truck drivers are required to operate their vehicles safely and adhere to traffic laws. Actions such as speeding, distracted driving, or driving under the influence can result in catastrophic incidents.
• Negligent loading practices: Companies must ensure that cargo is loaded correctly and securely. Improper loading practices, including overloading or inadequate cargo securing, can contribute to accidents involving big rigs.

Determining liability after a truck accident can be challenging because multiple parties may be involved. The trucking company plays a central role because it is responsible for vehicle maintenance, driver oversight, and ensuring drivers are well-rested and free from substance abuse.

Liability can also extend to truck and parts manufacturers. The manufacturer may be held liable if a defect in the truck’s design or manufacturing contributed to the accident.

The company responsible for loading or shipping cargo may also bear liability if improper loading practices contributed to the accident. Evidence such as photos, videos of load securement, or data from modern trucks can be critical in proving negligence related to shipping or loading practices.

How Insurance Companies Come Into Play in Big Rig Accidents

Because of their size and weight, commercial trucks can cause devastating crashes. Determining fault plays a significant role in how insurance companies compensate injured parties.

Driver Liability

Each driver involved in the truck accident is evaluated for their role in causing the vehicular 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 economic and non-economic damages. This can complicate cases, sometimes requiring multiple legal representatives.

Trucking Company Liability

Trucking companies are frequently found liable for Fresno big rig accidents. Their insurance companies become the primary negotiators in personal injury claims.

Companies and insurers often work to minimize the payout, especially in cases that could result in punitive damages, such as catastrophic injuries or deaths. To learn more about the possibility of punitive damages, contact our California law firm now.

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 legal professionals who understand insurance claims and pursue 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 accidents.
• 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 economic and non-economic 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 lawyer 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 expenses, and how much should you expect to pay in the future?
• Will you need ongoing medical treatment, such as rehabilitation or therapy appointments, after serious injuries (traumatic brain injuries, spinal cord injuries, etc.)?
• 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 all of your economic and non-economic damages into your offer; they want to offer you as little as possible.

Our personal injury 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 Fresno office is willing to protect your rights both in and out of court.

Schedule a Free Initial Consultation With a Fresno Truck Accident Attorney

Handling a truck accident claim can be complicated and stressful, so don’t try to go it alone. Work with our Fresno truck accident lawyers who are well-versed 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 truck crash lawyer in Fresno from Fowler | Helsel | Vogt, you can be sure that your case is in good hands and that compensation for medical expenses and more is pursued.

Learn more about the firm by calling today and scheduling a free initial consultation with our California law team.