Orange County Truck Accident Lawyer

Truck Accident Attorney in Orange County, CA

Large commercial vehicles, including tractor-trailers or big rigs, are essential to the supply chain of California. Most drivers encounter large trucks regularly without any problems, but accidents involving large trucks do occur and often cause far worse damage than standard passenger vehicle accidents. That’s where an Orange County truck accident lawyer comes in.

Within the past two decades, the frequency of truck accidents has risen as more big rigs take to the roadways across the country.

Though large trucks are responsible for a mere five percent of motor vehicle accidents that cause injuries, they are frequently more severe than accidents involving commuter vehicles because of the massive weight and size of the majority of trucks. An experienced Orange County truck accident lawyer can help victims of truck accidents seek the compensation they deserve.

Experienced Orange County Big Rig/18-Wheeler Accident Attorney

When a truck accident does occur in Orange County, the victim faces a similar series of legal proceedings as they would face after a standard passenger vehicle accident. However, their case is likely to involve more significant damages as well as more complex legal issues that might arise between them and their final case award. Having an experienced Orange County truck accident attorney on your side for this type of case is invaluable.

When you select Duque & Price to represent your case, you can rest assured that you can have a dedicated legal advocate readily available to answer your questions about truck accident laws and address your concerns throughout all stages of your case.

Have You Been Involved in an 18-wheeler Truck Accident in Orange County, CA?

Commercial trucking accidents can be quite a bit more complicated than a simple traffic accident. Both the driver and owner of the truck are generally involved in any claim filed, and you often need to have some knowledge of the industry to fully understand the potential case.

The knowledge of the common reasons for trucking accidents and relationships between those who have to do with the truck, trailer, and load is extremely helpful in determining the validity of your claim and presentation of your truck accident case.

While you can pursue recovery by yourself, this is not advisable, even if you think that the fault for your accident is readily obvious. California law does not strictly require that you hire an attorney to represent you in your case, but doing so can dramatically improve your chances of successfully proving liability for your damages and improving your total compensation.

An experienced Orange County truck accident attorney can streamline every stage of your case, shortening the time it takes for you to recover your losses. If you tried to handle your truck accident case without hiring legal representation, you would be forced to contend with strict court filing requirements and procedural deadlines while managing the medical effects of your injury and your personal affairs.

Ultimately, having an attorney you can trust to help with these issues can make the entire recovery process easier to handle and more likely to yield optimal results. Duque & Price has a strong record of successful cases, and we are confident in our ability to guide you to a positive outcome for your truck accident case in Orange County.

Laws Pertaining to Truck Accidents in Orange County, CA

The trucking industry is mandated by federal regulations that have established a set of standards and can determine the responsible party in a trucking accident. Title 49 of the Code of Federal Regulations contains most applicable regulations. Fortunately, the experienced attorneys at Duque & Price have understood these regulations and have successfully fought numerous cases over the years.

It’s possible for the truck driver to face sole responsibility for your damages, or fault may also fall to their employer. If the employer failed to follow applicable trucking industry regulations in any way that contributed to your accident, the legal issue of vicarious liability will apply to your case. Your Orange County truck accident attorney can explain the implications that vicarious liability could have for your recovery.

It is also possible for another driver to have caused your truck accident. In this situation, you would follow the standard process of recovery that usually follows a passenger vehicle accident, but the fact that a truck was involved means your damages are likely to be severe. Ultimately, your case could involve trucking industry regulations and complex questions of liability, so it is crucial to have legal counsel you can trust to guide you through the case efficiently.

Who Is Responsible?

In any truck accident, there is a large number of possible responsible parties. These include the truck owner, whoever leased the truck from the owner, the driver, the manufacturer of the vehicle or any parts, shippers, and loaders, etc.

Your Orange County truck accident attorney can help identify every liable party to target in your recovery efforts. It’s important to remember that the state upholds a pure comparative negligence law, meaning that when multiple parties share liability for damages cited in a civil claim, each liable party may have a percentage of total fault assigned to them. This determines how much of the damages they are responsible for repaying.

For example, if there are two defendants in your case, the facts of the case could show that one is 60% at fault and the other is 40% at fault, and they can each absorb liability for a corresponding percentage of the damages cited by the plaintiff.

Shared Liability After a Truck Accident in California

It is also possible for a plaintiff in a civil claim to share liability for their claimed damages. Under the state’s pure comparative fault rule, it is possible for a plaintiff to share liability and still recover compensation for their losses. However, their fault percentage is deducted from their final case award as a penalty, and they keep the remainder.

For example, if a plaintiff is shown to be 25% at fault in a personal injury case, they lose 25% of the total compensation won from the defendant. The amount of damages you can seek in your truck accident claim can be affected by your comparative fault and can make a sizeable dent in your recovery. If you are concerned about any partial liability on your part, it is crucial that you speak with a seasoned Orange County truck accident attorney immediately.

Avoidance Of Liability By Trucking Companies

In an attempt to separate themselves from the drivers, vehicles, and other equipment and to avoid liability in case of an accident, trucking companies have employed several measures to protect themselves.

While they are the ones with the necessary permits to operate the vehicles, they often do not own the equipment that is used to haul the load. They also hire drivers as independent contractors rather than employees. These practices have enabled them in the past to shift the responsibility over to the owners and drivers of the truck.

However, federal regulations have since made it so that any company that owns a trucking permit is liable for any accident that involves a truck with its name or placard on the vehicle.

Additionally, accident victims historically had to rely on witness statements and police reports to get an account of the accident. Now, data from high-tech devices, as well as information from government agencies, are also available for greater understanding.

These factors may appear to complicate your impending case, but the reality is that a good attorney can take full advantage of the issue of vicarious liability and the availability of evidence to help increase the total compensation you gain from your case. When you select Duque & Price as your legal representatives, we can carefully examine the facts of the truck accident case and guide you through the difficult proceedings that your recovery efforts are likely to entail.

Common Causes Of Truck Accidents in Orange County, CA

The most frequent causes of big rig accidents are driver error, mechanical failures, road design, weather conditions, and traffic signal failures.

Driver Error

Driver error accounts for most trucking accidents. These accidents are caused by a driver’s action or failure to take action. Some of the most common causes of driver error are driver fatigue and sleep deprivation.

Mechanical Problems

The second most common cause of truck-related accidents is mechanical and equipment issues. These can include design errors in the vehicles, manufacturing mistakes, or some other issue that interferes with the truck running smoothly. The majority of mechanical causes of these accidents are a result of a failure to maintain the equipment properly.

These can include the following: jackknifing of a truck, which is caused by failure of the brakes as a result of inadequate adjustments, blowouts of the tires because of wear and tear, the depowering or removing of the front brakes, truck rollover because of improper securing of the load distribution, defective steering, transmission failure, incorrect trailer attachment, defective lighting on the rears or sides of vehicles, and many more.

No matter how your truck accident happened, it is crucial to gather evidence that firmly proves liability for the incident and the resulting damages. Various types of evidence could be essential to your case, including testimony from witnesses and others involved in the crash, digital evidence like vehicle computer data and cell phone records, and physical evidence recovered from the scene of the accident.

What to Do Immediately Following a Truck Accident

As with any automotive accident, there are certain steps you need to take after a truck crash to protect your health and safety and the validity of your personal injury claim. The most important thing to remember is not to panic. If you take these steps, you’ll improve your chances of getting the compensation you need to put your life back together:

1. Get everyone to safety. The first thing you should do is check on the passengers and drivers of all the cars involved in the crash and help anyone who needs assistance getting to safety. Everyone should remove themselves from the road and find a place to wait for the police or EMTs away from traffic. Just don’t move anyone who might have a back or neck injury, as this can worsen their condition.
2. Call for help. You should call emergency services right away. They can send out an officer from the OC Sheriff’s Department or a local police department to complete a report and assist you with getting the accident scene cleaned up safely. Emergency services can also send out EMTs if anyone has suffered serious injuries that require on-site care.
3. Exchange information. Once everyone is safe and you’ve called the authorities, take the time to exchange information with the truck driver and any other drivers involved in the crash. You’ll need to write down the trucker’s basic contact information, insurance information, and employer so that you can follow up with a truck accident claim. You should also get contact information for any witnesses to the accident.
4. Take photos. Use your smartphone to take photos or videos of the scene. These forms of documentation can be useful to your lawyer in determining and proving fault and constructing a coherent narrative of the event.
   Get pictures of all the visual details that help to explain what happened, including the vehicles, nearby road conditions, skid marks, and traffic signs. You should also take photos of any injuries you sustained prior to getting treatment.
5. Seek medical care. Not all truck accident injuries are immediately apparent after the crash. You should seek a medical evaluation even if you aren’t positive you’ve sustained serious injuries. The doctor could catch symptoms you’ve missed, some of which can indicate serious problems like internal bleeding, traumatic brain injuries, or back or neck damage. Be sure to track your medical treatment as you receive it.
6. Contact insurance and the DMV. You’ll need to let your insurance company know that you’ve been in an accident. California also requires you to submit a DMV SR-1 within ten days of the accident.
7. Hire a lawyer. As soon as you’ve received the immediate medical care you need, you should contact our firm to schedule a consultation. Never accept an insurance settlement before speaking with a truck accident attorney. There may be damages you’re unaware of, and insurance companies are known for offering low settlements that don’t adequately compensate accident victims.

Commonly Reported Injuries From Truck Accidents in Orange County

Any vehicle accident has the potential to inflict life-changing injuries, but this risk is exceptionally high when it comes to truck accidents. These large vehicles are many times larger and heavier than even the largest passenger vehicles on the road, and when accidents happen involving commercial trucks, there is a significant risk of catastrophic or fatal injury to those involved.

Some of the most commonly reported injuries from truck accidents include broken bones, facial injuries from airbag deployment, spinal cord injuries that sometimes result in paralysis, and traumatic brain injuries that may entail substantial long-term effects. Many people injured in truck accidents face very difficult roads to recovery that entail months or even years of rehabilitative care, and many are left permanently disabled due to the severity of their injuries.

Building Your Truck Accident Claim in Orange County, CA

Identifying the party responsible for your accident is the first challenge you face in recovering your losses. Once you identify the liable party and prove how they caused the accident, the next step is to calculate the full extent of your claimable damages. Success with your case generally requires proving fault and then proving the effects of the defendant’s actions. You can only claim compensation for the direct result of their negligence or misconduct.

Recovery from any vehicle accident usually begins with a claim against the at-fault driver’s insurance, and this same rule applies to truck accidents. In fact, most trucking companies have greater insurance coverage than the average individual driver in Orange County, but this does not mean you can fully recover your losses with just an insurance claim. Additionally, there is never any guarantee that dealing with an insurance company is going to be easy.

Your Orange County truck accident attorney can guide you through the insurance claim filing process, and they can be essential for resolving any issues you encounter with the at-fault driver’s insurance carrier. Once you have received your settlement offer, you can determine whether it is suitable under the terms of your policy, and if so, you can accept it.

When you have outstanding damages that insurance can’t cover, the next step of your recovery process is to file a personal injury claim against the defendant who caused your accident.

Claimable Economic Damages in an Orange County Personal Injury Case

The goal of a personal injury claim is for the plaintiff to obtain the compensation they need to recover as fully as possible from their damages. Under the state’s personal injury statutes, a plaintiff has the right to claim full repayment of any direct financial losses incurred because of the defendant’s negligence or illegal action.

The average person should be able to identify immediately recognizable damages, but calculating the full long-term financial impact of a personal injury can be much more challenging. The economic damages you could potentially recover in your truck accident claim include:

• Healthcare expenses.When a defendant has physically injured you, they become liable for all medical treatment costs you incur. This includes both immediate and future medical expenses, and your Orange County truck accident attorney can work with your healthcare team to make sure that the full extent of your medical complications is appropriately addressed in your civil claim.
• Property damage. Auto insurance may yield some compensation for the cost of repairing or replacing your vehicle after a truck accident, but these incidents often leave victims’ vehicles damaged beyond repair. Outstanding vehicle costs needed to repair or replace the property lost in the accident are claimable economic damages in a personal injury suit.
• Lost wages. It’s common for personal injury victims to be unable to work while they recover from their injuries. If this applies to your truck accident case, the defendant is liable for the money you are unable to earn during your recovery period.
• Lost future income. Some truck accident victims are left permanently disabled by their injuries. They may be unable to return to their previous job or unable to return to work at all after their accident. If your earning power has been permanently diminished by your truck accident injuries, you can seek full compensation for the future income you are no longer able to earn. Your Orange County truck accident attorney can help you calculate the total future wages you have lost because of the defendant’s actions and add this amount to your claim.

After assessing the total of the economic losses you can claim from the defendant, you may learn that your case is more valuable than you initially anticipated. However, you also have the right to claim recompense for your non-economic damages. The severity of your injuries can affect your claimed damages even more and could amount to more than your claimed economic damages.

Calculating Pain and Suffering in a Truck Accident Case In California

California’s personal injury statutes allow a plaintiff to seek recompense for the intangible damages they suffered because of a defendant’s actions, specifically their physical pain and psychological distress. The average person is likely to find it difficult to determine appropriate financial amounts to reflect such losses, but your Orange County truck accident attorney can provide direction in this aspect of your claim.

The state does not impose a limit or cap on the amount of pain and suffering compensation a plaintiff may seek in a truck accident case. This means you can seek as much as you believe to be fair to reflect the overall severity of the harm you suffered and the long-term complications you might experience due to the accident.

Your Orange County truck accident attorney can help calculate appropriate recompense for your pain and suffering based on how long it takes you to recover and/or the extent of long-term harm you face because of the defendant’s actions.

Many personal injury plaintiffs gain more in pain and suffering compensation than they receive as compensation for their economic damages. This is especially true for plaintiffs who have suffered permanent harm from their personal injuries. When you hire Duque & Price to represent your claim, we can carefully review the full extent of the damages you suffered so that the pain and suffering compensation you secure is fair and reasonable to reflect the severity of your experience.

Resolving Your Truck Accident Claim in Orange County

If you intend to file a personal injury claim in response to your recent truck accident or any other vehicle accident, it is natural to worry whether you must take the case to court. While litigation may be necessary to resolve some civil claims for damages in Orange County, it is more likely that your case can end in private settlement negotiations.

The private settlement process allows the parties involved in a civil case to resolve the issue more quickly than litigation. They also retain more control over the final outcome of the case and are able to negotiate mutually agreeable terms, whereas litigation would mean the judge has the final say on the outcome of the case. As long as the parties involved in the case are willing to negotiate, a settlement can allow them to resolve the case in a fraction of the time that litigation usually requires.

When a Case Needs to Go to Court

If negotiations prove fruitless or if the defendant denies their liability for the plaintiff’s damages, the case needs to go to court. A judge considers evidence and testimony presented by both sides of the case and then delivers a ruling. They decide the fault for the incident and how much compensation to award to the plaintiff.

They also have the discretion to assign further penalties to the defendant based on the severity of their actions. For example, a judge may award a plaintiff punitive damages along with their other compensation if the defendant broke the law in causing their injury or if they were egregiously negligent.

Regardless of how your truck accident claim unfolds, your Orange County truck accident attorney is your most valuable asset when it comes to streamlining these proceedings and increasing the compensation you get from the defendant who caused your damages. When you hire Duque & Price to represent your case, you have instant access to an experienced legal advocate who can address any concerns you may have about the direction of your case and the final outcome.

How Much Does It Cost to Hire an Orange County Truck Accident Attorney?

It is understandable for anyone to worry about the potential cost of their legal fees when they are already struggling with the economic effects of their accident. However, there is no cause for alarm if you choose Duque & Price to represent you. Our firm only collects a fee from our client after we complete their case, and we take nothing if we are unable to secure a recovery on our client’s behalf.

This contingency fee policy makes legal counsel more accessible to those who need it most, allowing them to approach their case with peace of mind and the confidence of knowing they have the legal advocacy they need in this challenging situation.

When you accept an attorney’s representation under a contingency fee agreement, the attorney’s fee is a percentage of the final case award. The percentage is typically determined by the overall complexity of the case and the amount of the plaintiff’s claimable damages. While you may be concerned with paying out a percentage of your case award as legal fees, remember that even after you account for your contingency fee, the attorney is likely to reach far better results in your case than you could manage alone, and do so within a much shorter timeframe.

FAQs About Orange County Truck Accident Cases

How Much Are Most Truck Accident Settlements in California?

Most truck accident settlements in California vary in value depending on injury severity, medical costs, lost wages, and liability evidence. Severe injury or wrongful death cases can be worth a significant amount of money, especially when involving long-term disability or extensive economic losses. The only way to find out what your case is really worth is to contact a truck accident lawyer.

Where Do Most Truck Accidents Happen in California?

According to TIMS Berkeley, in 2022, most truck accidents in California occurred in Los Angeles County, with the number being 1,830. San Bernardino had the second-greatest truck accident incident rate, with 800 truck crashes. Riverside County, Orange County, and San Diego County had 626, 394, and 379 truck accidents, respectively. Risks for truck accidents include: crowded roads, poorly designed infrastructure, such as intersections, lack of safety and driver education, distracted driving, and driving without adequate rest or breaks.

When Should You Hire an Orange County Truck Accident Attorney?

You should hire an Orange County truck accident attorney immediately after a collision if injuries, significant property damage, or disputes over liability occur. Early legal help assists with evidence preservation, accurate claim filing, and stronger negotiation leverage against insurers, especially in cases involving severe injuries or potential wrongful death.

Why Shouldn’t You Apologize After a Truck Accident?

You shouldn’t apologize after a truck accident because it implies that you are taking responsibility for the crash. You don’t want to say anything that makes it look like you are at fault for the accident, as this can reduce your claim or even make you ineligible to receive compensation.

Hire a Truck Accident Lawyer in Orange County, CA

If you have had the misfortune of being in a truck accident, you may find it can be quite complicated because there are so many individuals involved. It can be quite overwhelming trying to navigate through the events and responsible parties without the guidance of someone who is knowledgeable and skilled with trucking law. That’s why you need to hire a truck accident lawyer.

If you have been injured in a truck accident in the state of California, Duque & Price has the experience to be able to help you figure out who exactly is responsible so that you can proceed with a strong case and get the reparations that you deserve for your suffering. You want a personal injury attorney to help you in your case after a truck accident, and Duque & Price is here to help you. Contact our office today.

Read Jasmine W.‘s review of Duque & Price on Yelp

Great help and professionalism
⭐⭐⭐⭐⭐ “Brent Duque offered to help me with a traffic incident that had resulted in an expensive citation. Despite my not having been a prior client, he treated the situation with importance and attention to detail. He made the whole process easier on me than I could have expected, handling it with minimal involvement from me. Brent was prompt, professional, and willing to clarify questions. Excellent job.” – Kevin

Amber Voitenko-Ammerman recommends Duque & Price.

⭐⭐⭐⭐⭐ “Duque & Price is a trustworthy law firm. They are so helpful and have you in mind to help you when you have been involved in a car accident. There are so many things to handle and they help step in so you can relax and get what you need. Thank you Duque & Price for all you do.” – Amber Voitenko-Ammerman

Orange County, CA Truck Accident Resources

• What Is the Most Common Type of Lift Truck Accident in Orange County?
• Average Truck Accident Settlement in Orange County
• Top 5 Causes of Preventable Trucking Accidents

Orange County, CA Truck Accident Legal Resources

• California DMV Commercial Driver Handbook
• OC Sheriff’s Department – Traffic Collision Reporting
• California Highway Patrol (CHP) – Collision Reports
• Orange County Superior Court – Civil Division

Meet Our Orange County Truck Accident Attorneys

Brent A. Duque Attorney, Founder & President

Matthew R. Price Attorney Partner

Jordan Harris Davidoff Attorney

Serving Clients in Orange County, CA, and Surrounding Areas

Located in Southern California, Orange County is a diverse and bustling region, surrounded by cities like Anaheim, Irvine, Santa Ana, Huntington Beach, Costa Mesa, and Newport Beach. From its scenic coastlines to its thriving business districts, the area offers a unique mix of culture and economy. Our personal injury law firm is dedicated to serving Orange County and nearby communities with expert legal representation.