Who You Choose
Matters.

Madera Truck Accident Attorney

Holding Negligent Trucking Companies Accountable

When a massive commercial truck collides with a passenger vehicle, it is usually a disaster. Victims are likely to suffer serious injuries and face extensive medical treatment, lost income, and a long road to recovery. If you or your loved one has been in a truck accident in Madera, you need a powerful legal advocate in your corner.

Our experienced truck accident attorneys at Tomassian, Pimentel & Shapazian are committed to holding negligent truck drivers and the companies that employ them accountable. We aggressively pursue the maximum compensation available under the law.

What Makes Truck Accidents a Risk in Madera?

Madera is crisscrossed by major routes frequently used by semi-trucks, tractor-trailers, and agricultural haulers. Although essential to California’s economy, these large vehicles pose significant risks to motorists. A fully loaded commercial truck can weigh up to 80,000 pounds. In a collision with a 4,000-pound passenger vehicle or a motorcycle, their sheer size and weight can lead to catastrophic or fatal injuries, crushed vehicles, spilled hazardous materials, and multi-car pileups.

Truck accidents are often preventable. When truckers, trucking companies, or manufacturers fail to follow safety regulations, others on the road pay the price.

What Are the Common Causes of Truck Accidents?

Truck accidents have a number of contributing factors, many of which involve negligence. The following are common causes of truck accidents in Madera:

  • Driver fatigue: Truckers are under pressure to meet delivery deadlines. Despite federal hours of service regulations, they may drive fatigued, putting others on the road at risk.
  • Distracted driving: Commercial drivers are as prone to distraction as other drivers. Texting or talking on a cell phone, eating, adjusting the GPS, or simply losing focus could cause a deadly crash.
  • Speeding: Truck drivers may be tempted to exceed the speed limit to meet delivery deadlines or shave hours off a long trip. The faster a big rig travels, the more time and distance are needed to stop and avoid a crash.
  • Impaired driving: Alcohol or drugs, including certain prescription medications, can impair a driver’s judgment, coordination, and response time, making an 80,000-pound commercial truck a weapon on wheels.
  • Improper truck maintenance: Trucking companies are required to regularly inspect and maintain their fleets. Worn brakes, broken lights, bald tires, and steering defects can contribute to catastrophic accidents.
  • Improper loading: A truck that is overloaded, or improperly loaded with unbalanced cargo, is more likely to roll over or jackknife. Cargo that is not properly secured can fall out onto the roadway, creating hazardous obstacles for other motorists.
  • Reckless driving: Tailgating, speeding, making unsafe lane changes, and failing to yield are particularly dangerous when done behind the wheel of a big rig.
  • Negligent hiring and training: Trucking companies may fail to screen drivers or provide proper training. Hiring inexperienced or unqualified drivers increases the risk of truck accidents.

What Types of Injuries Do Truck Accidents Cause?

Truck accident injuries can be particularly severe or fatal in some cases. Victims may suffer the following:

  • Traumatic brain injuries
  • Spinal cord injuries and paralysis
  • Bone fractures and orthopedic injuries
  • Internal organ damage
  • Burns and disfigurement
  • Crush injuries and amputation
  • Death

Who Can Be Held Liable for Truck Accidents?

Many truck accident cases involve multiple potentially liable parties. We can conduct a thorough investigation to identify all sources of liability and compensation, which may include the following:

  • Truck driver: A trucker who was speeding, distracted, fatigued, impaired, or otherwise negligent may be held personally liable for the accident.
  • Trucking company: In many cases, trucking companies may be held responsible for the actions of their employees. They also may be directly liable for negligent hiring, training, or supervision, or for violations of federal trucking regulations.
  • Cargo loaders: If the load was unsecured, unbalanced, or exceeded weight limits, a third-party company that loaded the cargo may be liable.
  • Maintenance providers: If a crash was caused by mechanical failure or poor maintenance, the company responsible for servicing the truck could be held accountable.
  • Truck or parts manufacturers: Defective brakes, tires, steering components, or trailer hitches can cause truck accidents. In such cases, product liability laws may apply.

What Compensation Is Available for Truck Accidents?

Under California law, injured victims may seek compensation for economic and non-economic damages. Commercial trucking companies typically carry higher liability insurance limits, and settlements and verdicts can be very high value. As these companies and their insurers have teams of attorneys working to minimize their payouts, it is essential to have a skilled legal advocate who you can trust to fight for you.

A successful truck accident claim may help you recover the following damages:

  • Medical expenses (past, present, and future)
  • Lost wages or income
  • Loss of earning capacity
  • Property damage
  • Disability or disfigurement
  • Pain and suffering
  • Loss of enjoyment of life
  • Wrongful death (in fatal truck accident cases)

How Our Firm Investigates Truck Accidents

Many truck accident cases involve large corporations and commercial insurers with significant resources. We conduct comprehensive investigations to level the playing field. Prompt action is vital in truck accident litigation, as evidence can disappear quickly. Our investigation may include the following:

  • Obtaining the driver’s logs and the truck’s black box data: These sources can reveal sudden stops, speeding, hours of service violations, or erratic driving before the crash.
  • Reviewing truck maintenance and inspection records: We determine whether the truck was properly maintained or if mechanical failure played a role in the accident.
  • Interviewing witnesses and first responders: Witness statements can help reconstruct the accident and support claims of driver negligence.
  • Sending a legal letter to ensure all evidence is preserved: We act quickly to ensure critical evidence is not destroyed, including onboard camera footage and truck maintenance records.
  • Working with accident reconstruction experts: These professionals recreate the truck accident, using data and analysis to identify fault.

Insurance Challenges in Truck Accident Claims

Commercial trucks are required by law to carry substantially higher liability coverage than the average auto policy. Depending on the type of vehicle and cargo, policy limits can range from $750,000 to several million dollars. Because the stakes are high, insurance companies work aggressively to minimize their payouts. The following tactics are common:

  • Denying liability or shifting the blame to the victim
  • Offering quick, low-value settlements before all damages are known
  • Downplaying the severity of your injuries
  • Arguing that preexisting conditions caused your symptoms

Our Madera truck accident attorneys are skilled negotiators who can counter these tactics and fight for the full compensation you deserve. If the insurance company will not negotiate a fair settlement in good faith, we are prepared to take your case to court.

Wrongful Death Claims in Fatal Truck Accident Cases

If you have lost a loved one in a fatal truck accident, no amount of money can compensate you for your loss. A wrongful death claim is a way to hold responsible parties accountable and provide financial stability for your family during a time of grief. Certain family members, including a surviving spouse or domestic partner, children, and parents in some cases, may bring a wrongful death lawsuit under California law.

We handle wrongful death claims with sensitivity and dedication, providing compassionate legal support while aggressively pursuing justice. Recoverable damages may include the following:

  • Funeral and burial expenses
  • Medical expenses related to the final injury
  • Loss of financial support
  • Loss of companionship, guidance, and care

Frequently Asked Questions: Truck Accidents in California

Truck accidents are complex cases involving state and federal regulations and multiple potentially liable parties. To help you better understand the legal process, we have provided answers to some commonly asked questions about truck accidents in California.

Is California a Comparative Fault State for Truck Accidents?

Yes, California follows a pure comparative negligence rule. If you were partially at fault for a truck accident, you may still recover compensation, although your recovery will be reduced by the percentage of fault assigned to you. For example, if you were awarded $1 million in damages but found to be 20% at fault for the accident, your compensation would be reduced to $800,000.

What Makes Truck Accidents More Complicated Than Car Accidents?

Working with a personal injury attorney with experience resolving commercial vehicle accident cases is essential. Truck accident claims can be more complex than other motor vehicle accident claims because they typically involve the following:

  • Multiple potentially liable parties
  • Federal Motor Carrier Safety Administration (FMCSA) regulations
  • Aggressive legal teams working for trucking companies and their insurers
  • Injuries that are severe, catastrophic, or fatal
  • High stakes because of the large insurance policies commercial trucks are required to carry

What Role Does FMCSA Play in Truck Accident Cases?

FMCSA regulates interstate trucking. This federal agency issues regulations that trucking companies and their drivers must follow. FMCSA regulations govern driver qualifications, hours of service, drug and alcohol testing, vehicle maintenance, and insurance coverage. Violations can be strong evidence of negligence in a California truck accident case.

What Happens If the Truck Is Carrying Hazardous Materials?

If a commercial truck involved in an accident was transporting hazardous materials, special rules apply, and compensation may be higher because of the increased danger. HAZMAT truck accidents can cause additional injuries such as burns, respiratory damage, and toxic exposure. These cases involve complex regulations and multiple responsible parties, including carriers, shippers, and manufacturers.

Can I Sue the Trucking Company If the Driver Was an Independent Contractor?

Depending on the circumstances, you may be able to sue the trucking company. In an attempt to avoid liability, some trucking companies classify drivers as independent contractors. The company still may be held liable if it dictated routes, schedules, or vehicle maintenance, or otherwise exerted control over the driver’s work. We can evaluate the employment relationship to determine whether the trucking company can be named in your claim.

How Much Is My Truck Accident Worth?

Each case is different, and only a qualified personal injury attorney can provide an accurate estimate after reviewing the relevant facts. The value of your car accident case can depend on various factors, including the following:

  • Nature and severity of your injuries
  • Costs of your medical treatment
  • Impact of your injuries on your ability to work
  • Your pain and suffering
  • Policy limits of liable parties

Contact a Madera Truck Accident Attorney

You do not have to face the aftermath of a truck accident alone. At Tomassian, Pimentel & Shapazian, we have experience, skills, and resources, with the tenacity to stand up to trucking companies and fight for justice. We will pursue the maximum compensation available under the law through negotiation or litigation. Let us handle the legal burden while you focus on your recovery. Contact our firm at (559)-545-0383.