California – March 10, 2021

A driver was rescued from the San Diego River early Wednesday after her car collided with a tractor-trailer and plunged about 50 to 60 feet off a bridge along state Route 52. The woman’s car collided with a truck pulling two trailers filled with dirt east of Mast Boulevard near the border of Santee and San Diego after it stopped because of a tire blow out.  Other drivers spotted the car that went off the bridge, and assisted the driver by smashing the window and helping her out of the car.  Paramedics took her to the hospital for treatment.  Collisions between big trucks and passenger vehicles are a widespread danger on America’s roadways, revealing 4,657 fatal crashes in 2017 data, outlining high levels of damage to property, physical injuries and life altering losses. Truck accident attorneys are instrumental in negotiations with insurance companies, and court action to settle damage awards necessary to address accident victim losses.  A skilled attorney experienced with trucking regulations can help.

Driver fault.

California is a “fault” state and victims can bring a claim against the responsible party before they file a claim against their own “no-fault” insurance.  There is a two year time period to file a suit after an accident.   A California car accident attorney can help victims of loss understand the mechanisms utilized for monetary recovery valuations after proving negligence of drivers.  Truck drivers and companies are responsible for maintaining their trucks to avoid safety hazards on highways.

Negligence.

Negligence will need to be proven in order to receive an award that covers losses and harms caused by a truck accident.  Skilled legal counsel will have to show:

  • An owed duty of care.
  • a breach of duty.
  • causal connection resulting in the harm.
  • proximate cause.
  • measurable damages.

Damage awards.

If the personal injury litigation attorney is successful, a claim award after a truck accident may include economic damages for present and future loss of earnings, medical bills, future medical care, household expenses and non-economic damages for pain and suffering, mental anguish and loss of consortium or companionship.  California Civil Code 3294 allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct amounted to malice, oppression, or fraud.

Seek legal counsel.

Victim of truck accidents should contact legal counsel,  familiar with California federal and state trucking industry laws.  An experienced attorney can be reached at the Law Offices of Jeffrey E. Estes & Associates regarding victim’s next actions after a accident resulting in property loss and injury.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.sandiegouniontribune.com/news/public-safety/story/2021-03-10/woman-rescued-after-crashing-plunging-off-sr-52-into-san-diego-river

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm

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