Reviewed by Adrianos Facchetti, Esq. California State Bar No. 243213. This page was reviewed for California personal injury accuracy, legal clarity, and usefulness for people injured in truck, big rig, semi-truck, and commercial vehicle accidents in Toluca Lake. You can verify Adrianos Facchetti’s license through the California State Bar attorney search.
Injured in a Truck Accident in Toluca Lake?
A Toluca Lake truck accident lawyer can help investigate what happened, identify who may actually be responsible, preserve trucking records before they disappear, deal with insurance companies, and pursue compensation for your injuries and losses. Truck accident cases tend to be more complicated than a standard car accident claim, since the truck driver, the trucking company, a maintenance provider, a cargo loading company, a broker, the vehicle owner, or a parts manufacturer may all potentially be involved.
The Law Offices of Adrianos Facchetti, Accident & Injury Lawyer, works with people injured throughout Toluca Lake and the San Fernando Valley, including near Riverside Drive, Cahuenga Boulevard, Lankershim Boulevard, and the busy stretches of the US-101 and SR-134. As a Toluca Lake personal injury lawyer, we’ve seen how much studio, delivery, and commercial traffic moves through this area and how quickly a trucking company’s own insurers begin working the case once a serious crash happens.
What Makes Truck Accident Cases More Complex?
The fact that commercial trucks have considerable size means that the injuries caused by an accident with such vehicles are likely to be severe, and thus, the size factor influences the entire course of such cases.
Multiple insurance policies might apply to the incident, and the truck driver is never the only responsible party. It is necessary to gather evidence quickly since many of the documents that are relevant to this case will have their own retention schedule and will have nothing in common with the statute of limitations. Federal and state requirements concerning safety regulations of the commercial vehicle can also be considered.
Commercial insurance companies are likely to conduct their investigation immediately after the incident because the trucking company needs protection. Severe injuries caused by the truck accident require lots of medical documentation, unlike minor accidents.
Who Can Be Found Liable for a Truck Accident?
Determining the actual party at fault in a truck accident requires more than just knowing who the driver was.
- The truck driver, should his/her speeding, distraction, drowsiness, or any other unsafe conduct result in the accident.
- The trucking company that may be held liable based on various factors such as the employment status of the driver, hiring policies, lack of training, etc.
- The truck owner when the trucking company does not own the truck and uses the truck for commercial purposes.
- The trailer owner, in case the trailer of the truck was separately owned or leased.
- Cargo loading company if the loading or securing of cargo was done incorrectly by this company.
- Maintenance company if there had been a known mechanical defect that remained unsolved.
- A parts manufacturing company, in case the defective parts of the truck have resulted in the crash.
- Brokers and logistics companies, based on how the shipment had been organized.
- The other negligent driver, in case the accident involved more than one vehicle.
- Public entity in rare cases involving bad road conditions or government vehicles.
A trucking company isn’t automatically liable in every case, but responsibility often depends on who controlled the driver, who was responsible for maintenance and loading, and what company policies were, or weren’t, followed leading up to the crash.
Common Causes of Truck Accidents
A number of recurring factors show up again and again in commercial truck crashes, and identifying which one applies to your situation matters for figuring out who’s responsible.
- Driver fatigue, often tied to long hours or aggressive delivery schedules
- Distracted driving
- Speeding
- Unsafe lane changes
- Following too closely, given a truck’s significantly longer stopping distance
- Improper turns
- Overloaded or unsecured cargo
- Brake failure
- Tire failure
- Poor maintenance
- Unsafe hiring or inadequate training practices
- Delivery pressure that pushes drivers to rush or skip rest periods
- Blind spot collisions
- Jackknife accidents
- Underride or override collisions
Most of these causes trace back to a decision someone made, whether that’s a driver, a dispatcher, or a company setting an unrealistic delivery schedule, which is part of why liability often extends beyond just the person behind the wheel.
Common Causes of Truck Accidents
There are several common issues that appear in truck accidents, and determining which one affects your case is necessary for determining liability.
- Driver fatigue, frequently caused by working long hours or having to follow an aggressive delivery schedule
- Distracted driving
- Speeding
- Unsafe lane changing
- Driving too close, considering that a truck needs much more time to stop than other vehicles
- Improper turning
- Overloading or failing to properly secure cargo
- Brakes failing
- Tire failure
- Maintenance issues
- Unsafe hiring or training practices
- The need to complete deliveries quickly, putting pressure on the driver to speed or forgo breaks
- Blind spots hitting another vehicle
- Jackknife crashes
- Underride or override crashes
Many of the issues above can be traced to a particular choice made by either the driver, dispatcher, or delivery company creating an impossible schedule.
Evidence That Could Be Helpful in a Truck Accident Claim
Some of the evidence in a truck accident case are records that simply aren’t available in a normal car accident. They are also records that you must request early on or risk losing.
- Police report
- Scene photos/video
- Witness testimony
- Dashcam video
- Surveillance video from nearby sources
- Truck logs
- Black box data or electronic control module data
- Inspection records
- Maintenance records
- Repair records
- Cargo loading records
- Driver qualification record
- Dispatch records
- Safety policy of company
- Medical records
- Insurance documentation
- Photographs of vehicle damage
The logs, black box data, and maintenance records typically are subject to regular retention schedules having nothing to do with your legal time limit. Sending preservation letters promptly may force the trucking company to retain records that would otherwise be destroyed.
Injuries Sustained From a Semi-Truck Collision
Due to the disparity in size and weight of a commercial truck versus a regular car, accidents that occur often result in significant injuries.
- Traumatic brain injury
- Spinal cord injury
- Back and neck injury
- Bone fractures
- Organ damage
- Crush injuries
- Laceration
- Burns
- Injury to shoulders and knees
- Nerve damage
- Post-traumatic stress disorder
- Fatal injuries
If you have been involved in a fatal accident, check out our Toluca Lake wrongful death lawyer resources.
Steps to Take After Truck Crash in Toluca Lake
The steps that need to be taken immediately after a truck collision are critical for the success of a case.
- Dial 911 and ask for immediate medical help if any injury is sustained in the collision. Obtain assistance in movement first of all.
- Seek immediate medical attention no matter how slight the injury looks. Many injuries sustained in a truck collision might not reveal themselves at once.
- Take pictures of all the vehicles involved in the accident, the truck, the trailer, the roadway situation, skid marks, debris, and visible injuries if possible. The more detailed pictures, the better.
- Obtain the name, driving license number, license plate number, insurance information, and other information from the truck driver. It is vital to establish the identity of the trucking company.
- Collect information from witnesses on their names and contacts. Those people who witnessed the accident should provide their names before leaving the place.
- Do not give recorded statements until knowing exactly which companies’ insurers are going to handle the claim. Several companies could be involved in the process.
- Discuss your situation with an attorney if there were significant injuries in the collision.
How Insurance Companies Can React
Insurance companies in the process of dealing with your truck accident case, especially commercial insurance companies, usually bring up the same set of reasons.
They can deny fault altogether or suggest that there was another driver in the accident whose fault was not your own. They might argue that your injuries are pre-existing and that they have nothing to do with the accident. Insurance companies try to settle the case right away while they are still unaware of the full extent of the damage. If you are dealing with several companies, which includes a trucking company, a cargo loading company, and a maintenance company, their insurance companies try to pin the blame on each other. Commercial insurance companies may also try to get a recorded statement from you right away, before you are aware of all your rights.
A good record of documents and information regarding the trucking company itself will clear up many doubts.
Compensation That May Be Available for a Truck Accident
Based on the particular circumstances of your accident, compensation may include:
- Emergency services
- Hospitals
- Surgery
- Physical therapy
- Medical services in the future
- Loss of earnings
- Diminished capacity to earn money
- Pain and suffering
- Emotional anguish
- Damage to property
- Other expenses
- Death recovery, if appropriate
There is no universal formula to apply in all cases. It will depend on the extent of your injuries, the evidence, and the insurance available after liability is determined.
Deadlines in California that Might Apply
The majority of personal injury claims in California need to be filed in two years’ time, as stated in California Code of Civil Procedure § 335.1. This two-year window is applicable for all claims that are brought against any private individual, including but not limited to drivers, trucking companies, and even the maintenance company.
In cases where a public entity or public vehicle is involved, the deadline can become much shorter than that and even cut down to just six months based on California Government Code § 911.2.
It is important that any evidence related to trucking is saved at the earliest because driver logs, maintenance logs, and black box data can become difficult to obtain due to loss, repairs, or relocation of such evidence prior to any deadline becoming applicable.
Attorney Adrianos Facchetti’s Process for Truck Accident Cases
Each case begins by determining the exact location of the accident and the specific type of commercial vehicle, such as a semi-truck, delivery truck, box truck, or other commercial vehicle.
Next, we determine whether the driver was on the job when the accident occurred and which company owns and operates the truck. We consider whether issues such as maintenance, improper cargo loading, pressure from the dispatch center, or driver fatigue might be an issue, and we serve immediate preservation requests to secure driver logs, black box information, and maintenance logs before they are purged by routine retention policies. We determine what the police report and your medical records reveal.
We determine all the insurance coverage available, and we ensure compliance with all deadlines.
Consult a Toluca Lake Truck Crash Attorney
In the event of a truck crash in Toluca Lake, it is crucial to understand that the type of evidence that is very important in such lawsuits has a limited time before it is gone forever. Driver logs, maintenance reports, and black boxes are not keeping around, and usually insurance adjusters for trucking companies start working on the case immediately.
The Law Offices of Adrianos Facchetti provides a free initial consultation at no charge, and there is no fee unless you get compensated. We do not guarantee any results before we get familiarized with the facts of your case, but we can provide you with an honest assessment of your case. Contact us via our website.
