California – March 20, 2022
A truck driver carrying a large trailer of Amazon packages crashed on Interstate 805 resulting in scattered boxes across the lanes closing down traffic for a few hours. The rig jackknifed, crashed into a bridge railing, and flipped on its side near the University City area according to California Highway Patrol. According to callers who reported the accident to California Highway Patrol, part of the truck caught fire and firefighters were sent to the scene where they found the driver, who did not appear to have suffered serious injury, but was transported by ambulance to a local hospital. An experienced attorney will research specific case facts and interpret the law to support compensation for damages and injuries caused in a single vehicle truck accident. If there were factors outside of the driver’s responsibility that contributed to the accident, fault will be determined by those who have reviewed police reports, witness reports, property damages, mechanical inspections, roadway marks and other factors present at the time of the accident. Accident victims should talk to a truck accident attorney about their case for guidance on filing of insurance claims, and litigation when necessary.
Commercial motor operators that drive big trucks carrying cargo are restricted by the federal government regarding the maximum hours driven; minimum hours off duty; and required rest periods after 60/70 hours of driving over 7/8 consecutive days. Driver violations of hours-of-service may impact damage compensation. Commercial motor vehicle drivers that are carrying people have more stringent restrictions. The United States Department of Transportation, 49 C.F.R. part 387, subpart A, mandates minimum levels of financial responsibility to address accident losses.
Possible damage compensation.
Economic and non-economic losses, such as lost wages, medical bills, legal fees, property replacement and pain and suffering are addressed in loss valuations with punitive damages in some cases. Expenses for medical bills and lost wages from work are simply calculated in a claim for damages, but estimates for pain, scarring, emotional harm, or short and long term psychological and physical limitations are not as easy to calculate. Valuations are determined with input from lawyers, insurance companies and juries who must consider what is a fair and reasonable amount of money to cover the loss, based on a compilation of evidence provided to the court.
Parties that can be named in a trucking accident insurance claim or lawsuit include:
- the driver of the truck,
- the trucking company (motor carrier),
- truck manufacturers,
- parts manufacturers basic to the truck’s safe operation,
- municipalities that maintain roadways,
- truck maintenance providers,
- truck or trailer owners,
- people responsible for cargo loads,
- other vehicles that may have caused a truck to react in a way that exacerbates a crash situation.
Insurance and time to file.
California offers personal injury protection Med Pay coverages as an option to address injuries caused in a truck accident, but it is always best to speak with a lawyer who understands California insurance laws. There is a two year time period to file legal action after an accident in California. Experienced truck accident lawyers will build a case against negligent parties on behalf of injured parties, or their loved ones in cases of fatal injury.
Seek legal counsel
Truck accident victims may wonder – – “Where can I find attorneys near me to help?” Legal counsel should be contacted shortly after a truck accident so victims do not miss the ability to file a civil case in accordance with the California statute of limitations for accidents. Contact the Law Offices of Jeffrey E. Estes & Associates for guidance toward comprehensive damages after a truck accident results in property damage and/or bodily injury in San Diego.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101