Truck Accident Lawyer Santa Monica, CA

Justice for Santa Monica Truck Accident Victims

The highways around Santa Monica are filled with semi-trucks; our city’s position on several of the main highways in California means that we see more than our fair share of these “gentle giants” of the road. But, when you get into a wreck with a semi-truck, you quickly learn that these giants are anything but gentle. Semi-trucks weigh 80,000 pounds when the trailer is full, and with that much weight coming at your much-smaller passenger vehicle, the potential for serious injuries is high. You may never regain the physical abilities you had before the collision, and your losses are likely extensive. Our Santa Monica, CA truck accident lawyer can help you get the compensation you need to recover from your injuries and move forward with your life.

The attorneys at Choulos & Tsoi Law Firm are familiar with California and federal regulations that govern the operation of commercial trucks and can easily identify when a driver or their trucking company violates them. We help injured victims like you hold negligent parties accountable for the harm they cause and demand that the at-fault driver and any other liable party compensate you for your losses. Contact us today for a free consolation.

What Does a Santa Monica Truck Accident Lawyer Do?

Truck accident lawyers are personal injury attorneys who help victims, like you, who have been harmed due to the negligence of a commercial driver and other parties, like the trucker’s employer. Truck accidents can be considerably more difficult to litigate than car accidents involving two private drivers, and not every personal injury firm has the resources, knowledge, and experience required for a satisfactory outcome for the plaintiff. We do; our firm understands the stringent federal requirements set by the FMCSA, plus the requirements the state of California sets for commercial truckers.

We collect evidence to build a case proving that the trucker was negligent and will likely name the trucking company as a defendant. This includes subpoenaing the company’s hiring and personnel records, plus data from the truck’s Event Data Recorder, aka the “black box.” We also employ expert witnesses, like medical experts and accident reconstructionists, who can testify about the cause of the wreck and the extent of your injuries. Our goal is to achieve the highest possible settlement in your case.

Complexities in Semi-Truck Accident Cases

Truck accident claims have complicated legal issues that car accidents typically don’t. First, the injuries the victim suffers are often life-threatening or disabling. You may have months of recovery and invasive medical procedures and may never fully regain your physical abilities. These medical bills add up, which makes the damages easily in the six figures, sometimes over a million dollars.

Secondly, there may be multiple defendants in your case, not just the driver. If we find that the trucking company failed to do due diligence in hiring or supervision or set schedules that required the operator to drive longer than the FMCSA permits, then we can name them as a negligent party, too. This means building two cases, not one, which takes more time and resources.

The other party’s insurance company will fight hard to avoid paying out the full value of your claim. Your Santa Monica truck accident lawyer will fight back, supporting your rights and ensuring that you get everything you deserve. Contact Choulos & Tsoi Law Firm today for a free consultation.

Determining Liability in Santa Monica Truck Accidents

Truck accidents can be some of the most devastating collisions on the road. When these accidents occur, determining who is at fault can be complicated due to the various parties involved and the specific regulations governing trucking. Understanding how liability is assigned in truck accidents is crucial for victims seeking compensation for their injuries, medical expenses, and damages. For help with a claim, schedule a free 30-minute consultation with our Santa Monica, CA truck accident lawyer at Choulos & Tsoi Law Firm. Let our team determine who is at fault and help you get the compensation you deserve.

How Negligence Factors Into Truck Accidents

As with all motor vehicle accidents, the key to determining fault in a truck crash is establishing negligence. To hold someone liable, it must be shown that their actions (or inactions) directly caused the accident. In the case of truck accidents, there are several parties that could be considered negligent.

The most common source of negligence is the truck driver. Reckless behavior such as distracted driving, speeding, driving under the influence of alcohol or drugs, failing to obey traffic signals, or improper vehicle operation can lead to serious roadway accidents.

In addition, if the trucking company fails to maintain its vehicles, does not properly train drivers, or pressures drivers to violate safety regulations, such as driving for excessive hours, they can also be held liable for the accident. However, if a truck’s mechanical failure, like bad brakes or a blown tire, caused the crash, the company responsible for the truck’s maintenance or repair might be at fault. Poor maintenance or the use of faulty parts could be a significant factor in an accident.

Improperly loaded cargo or failing to secure the load properly can lead to accidents such as rollovers, truck jackknifing, or debris on the road. In these cases, the company responsible for loading the truck could be liable for any resulting accidents. Moreover, if the accident was caused by a defect in the truck or its parts, the manufacturer could be accountable for product defects under product liability laws.

Contributory and Comparative Fault

In some cases, multiple parties may share liability for the truck accident. California follows a comparative fault system, meaning that even if you, the accident victim, were partially responsible for the crash, you may still be entitled to compensation. However, your compensation may be reduced by the percentage of fault assigned to you.

For example, if the truck driver is found to be 80% at fault and you are 20% at fault, you could still recover 80% of your damages. This system helps ensure that victims can receive compensation even if they share some responsibility for the accident.

Investigating the Accident Scene

Determining fault for a truck accident often requires a thorough investigation. Evidence from the crash scene, witness statements, and data from the truck’s black box or event data recorder (EDR) can help piece together what happened before, during, and after the accident. Law enforcement reports, traffic camera footage, and accident reconstruction specialists may also play key roles in determining who is at fault.

In many truck accident cases, the truck’s black box captures crucial data such as speed, braking patterns, and driver behavior leading up to the crash. This information can be invaluable in proving the driver’s negligence or the failure of the truck’s equipment.

The Role of Federal and State Regulations

Trucking companies and drivers are regulated by both federal and state laws. In California, truck drivers must adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations, which govern everything from driving hours to vehicle inspections. Violating these regulations can constitute negligence, and if a truck driver or company is found to be in violation, they can be held accountable for the accident.

Some of the common regulations that might come into play in a truck accident case include, limits to how many hours a driver can drive per week, maintenance and inspection reports, and cargo weight limits.

Filing an Insurance Claim and Seeking Compensation

Once fault has been determined, the next step is seeking compensation for your damages.

If negotiations with the insurance company fail or if you are not satisfied with the settlement offer, you may need to pursue a lawsuit to recover full compensation. This is where our experienced Santa Monica truck accident lawyer can be invaluable. Our attorney will help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.

If you or a loved one has been involved in a collision, contact Choulos & Tsoi Law Firm now. Schedule a free 30-minute consultation with our Santa Monica truck accident lawyer. With over 30 years of experience representing personal injury claims, you can be assured that our firm will work diligently and tirelessly in order to provide a favorable resolution.