San Bernardino Truck Accident Attorney

By nature, truck accidents are in a vehicle accident class of their own. The sheer size of the trucks often affects the severity of an incident, and workers in the commercial trucking industry are governed by a unique set of regulatory requirements and laws. At DiMarco | Araujo | Montevideo, our San Bernardino truck accident lawyers represent individuals in the trucking industry and those who have been injured in accidents.

Why Choose Our Firm?

• At DiMarco | Araujo | Montevideo, our name carries great weight throughout the state of California because we have successfully taken on major companies and insurance carriers to recover compensation for our clients.
• Our team has a track record of success and has recovered significant multimillion-dollar settlements on behalf of injured clients in San Bernardino and throughout the state.
• We believe in making this process easy on you, which means we will come to your location if you cannot get to our offices due to your injuries.
• You will always have access to your attorney when you work with our team. We will not put you off onto a paralegal or legal assistant.

Common Causes of San Bernardino Truck Accidents

Many personal injury attorneys focus on truck accidents caused by truck drivers. In reality, many individuals may share liability in truck accident cases. Common causes of truck accidents include:

• Driver error – Truck drivers and passenger vehicle drivers are responsible for following the rules of the road and driving reasonably in all circumstances. Distracted driving, drowsy driving, DUI, speeding, and recklessness are all common factors involved in driver error accidents.
• Poor maintenance or defective parts – Commercial trucks require consistent maintenance to perform well and remain road-safe. Some truck drivers may not even know they caused a truck accident if an insecure part flies off in transit. Trucking companies, truck manufacturers, and technicians may all share liability in cases involving maintenance and parts problems.
• Other hazards – Poor freight loading practices, roadway hazards, and inclement weather can also contribute to truck-related accidents. Depending on the incident, a freight company or a road construction company may shoulder part of the blame in a truck incident.

If you were involved in a passenger car accident, our San Bernardino car accident lawyers can take your case.

Types of Truck Accidents

There are various types of truck accidents that can occur in the San Bernardino area. This includes, but is not limited to, the following:

• Underride Accidents: These incidents are characterized by a passenger car colliding with a larger commercial truck. Since larger commercial trucks sit higher off the roadway than traditional vehicles, this often leads to the smaller vehicle riding up under the truck, which can lead to a shearing off of the upper part of the vehicle.
• Jackknife: Jackknife incidents occur when the trailer portion of the tractor-trailer swings forward into the cab, often forming an “L” or a “V” shape. These incidents can occur when the truck driver brakes too hard or if the back axles lock up. Additionally, these incidents can occur during inclement weather if the front or rear portion of the vehicle experiences traction issues.
• Tire Blowout: Truck tire blowouts often lead to significant accidents on the roadway. The tire itself could run into other vehicles or create a roadway obstruction. Additionally, a truck tire blowout could lead to the truck driver losing control of the truck.
• T-Bone: T-bone incidents occur anytime one vehicle strikes another on its side. These incidents usually happen at intersections, but they can also occur when one driver loses control of the vehicle and ends up sideways. T-bone collisions with the truck slamming into a smaller vehicle often result in significant injuries.
• Rollover: rollover accidents involving larger commercial trucks are dangerous not only for the truck driver but also for other vehicles on the roadway. Large truck rollovers can occur as a result of collisions with other vehicles, due to cargo shifting in the back of the truck, driving at an incline, or the driver taking a turn too wide or too fast.
• Blind Spot Crashes: Large commercial trucks have significant blind spots along either side of the vehicle, in front of the vehicle, and behind the vehicle. If a truck driver cannot see the vehicles around them, this makes the situation much more dangerous for smaller vehicles.

What Should You Do After a Truck Accident in San Bernardino?

After any motor vehicle accident, it is a good idea to try to remain as calm as you can. Decisions that are made following a truck accident may affect your health and your potential legal case, so be sure to contact your family or your friends for help after you call 911 and you secure the accident evidence.

It is important to get immediate medical attention as many injuries, such as brain injuries, whiplash injuries, and spinal injuries, do not show immediate symptoms but for the best medical recovery, they do need quick treatment. Be sure to also document and retain as much evidence from the trucking accident scene as possible including taking your own pictures, writing your own records and protecting your vehicle that was involved in the crash. Our trained staff will want to investigate the vehicle for signs of defect or evidence to help with the case so be sure it is not tampered with.

If your loved one has died in a truck accident, please contact our San Bernardino wrongful death attorneys.

Truck Accidents on the Job

If you are on the job when you are involved in a truck accident, you are entitled to workers’ compensation benefits. Like all other employees, truck drivers should have employer-sponsored coverage that meets state workers’ compensation regulations.

At DiMarco | Araujo | Montevideo, we have the best San Bernardino workers’ compensation attorneys who will help you understand the workers’ compensation process so you can move forward with a claim. We routinely assist injured workers who need to appeal claims denials and those who need to address insurance bad faith or employer discrimination/retaliation concerns. If you are injured during the normal course of work, you may be entitled to benefits including coverage for medical expenses, disability, and rehabilitation.

OSHA and trucking industry regulations often play a large role in these injury cases. When preventable accidents occur, we can help truck drivers and injury victims file formal complaints with regulatory agencies against an unsafe employer or partnering company.

Who is Liable For My San Bernardino Truck Accident?

When we take on a truck accident case, we investigate every angle so that we can maximize compensation for our clients. We work fast because we understand the propensity for internal investigators to hide, alter, or destroy evidence. Trucking accidents, in particular, are complex from a liability standpoint. As a truck driver, a truck industry worker, or an injured passenger vehicle occupant, you may have a personal injury claim against a trucking company, a logistics company, a freight company, a roadwork agency, or an auto manufacturer.

If you are an injured worker, we can simultaneously pursue a third-party claim as we work through the workers’ compensation process. The additional lawsuit can pick up where workers’ compensation benefits end and may help you obtain full compensation for medical expenses, lost past wages and future income, and pain and suffering.

There may be various parties who can be held liable, but it is important to understand that multiple parties may also be held liable for the same incident. For example, the trucking company may be held responsible for the actions of a truck driver because they are the employer and, therefore, vicariously responsible for the actions of the driver while they are on duty.

Driver Liability

Truck drivers are the first place individuals and insurance carriers will look when it comes to liability for a truck accident. Truck drivers are responsible for the immediate operation of the truck, and their actions often lead to collisions on the roadway. Some of the most common reasons that a truck driver could be held liable could be due to:

• Driving too fast for conditions
• Operating while impaired by alcohol or drugs
• Operating while distracted
• Operating beyond the allowable hours of service
• Failing to regularly inspect and maintain the vehicle before each drive
• Failing to inspect the cargo after it is loaded
• Following other vehicles too closely
• Failing to yield the right of way to others on the roadway

Company Liability

The trucking company could also be held liable in a variety of scenarios. First, if the driver is a direct employee of the company, then it is likely that the company will be responsible for the actions of the driver. Additionally, the trucking company also has its own responsibilities when it comes to the safe operation of these larger vehicles on California roadways. Trucking companies could find themselves liable not only for the actions of the driver but also:

• If they fail to regularly inspect and maintain their vehicles
• If they do not adequately check the background and training of a driver
• If they fail to provide the required training to their drivers
• If they encourage drivers to operate beyond the hours of service

Other Party Liability

There may certainly be other parties who could be held liable in the aftermath of a trucking accident. Sometimes, third parties other than the driver or the company could be held liable directly, or they may be held liable in conjunction with these various parties. Some of the other parties that could be held liable include:

• Companies that are in charge of loading cargo on and off of the truck
• Any maintenance company responsible for the upkeep of the vehicle
• The manufacturer of the truck or any truck part that could be defective
• State or federal regulatory agencies who fail to maintain oversight over a company

If you have any questions about liable parties after a commercial truck accident in San Bernardino, we encourage you to reach out to a skilled attorney immediately. A lawyer can investigate your incident and help determine which parties to hold liable for the incident.

What Damages Can I Recover?

There may be various types of compensation available to San Bernardino truck accident victims. Our goal is to recover economic and non-economic compensation on behalf of every client that we assist in an effort to make them whole.

• Economic damages. These types of losses revolve around calculable expenses that truck accident victims are likely to endure as a result of the incident and the aftermath. By gathering bills and receipts, an attorney will work to calculate the following:
  • Medical expenses caused by the incident
  • Physical therapy, rehabilitation, prescription medications, and medical devices
  • Property damage expenses for vehicle repairs
  • Rental vehicle expenses
  • Lost wages if a victim is unable to work
• Non-economic damages. These types of losses are not as easily calculable as the economic damages just mentioned, but they are equally as important. Even though there are no bills and receipts, it is crucial to adequately calculate a truck accident victim’s:
  • Physical and emotional pain and suffering damages
  • Loss of enjoyment of life damages
  • Loss of consortium damages for a spouse or family members

Statute of Limitations

It is crucial to understand that there are time limits in place when it comes to filing truck accident claims in San Bernardino. Under California law, the personal injury statute of limitations is two years from the date and incident occurs. This means that truck accident victims have a two-year window with which to file a lawsuit against the alleged negligent driver, truck company, or some other negligent third party. Failing to file a lawsuit within this two-year timeframe will likely result in the victims being unable to recover the compensation they are entitled to. 

Additionally, there will be insurance carriers involved in the claim. This includes the insurance carriers for the victim as well as carriers for the driver, company, and other parties involved. Each of these insurance carriers will also have its own reporting deadlines, often within a day or two after the incident occurs. Failing to file a claim with the insurance carriers within this timeframe could delay the claim or result in a denial of the claim. 

The best way to prevent a delay or denial of a truck accident claim in San Bernardino is to speak with an attorney as soon as possible. When a lawyer gets involved right after an accident occurs, they can work to get the claim started as soon as possible.

Contact Our San Bernardino Truck Accident Lawyers  Today

At DiMarco | Araujo | Montevideo, our San Bernardino work injury lawyers will be here to help you in any way we can since 1979. Initial consultations are always free. If you do accept our full legal support, we never ask for payment until we have secured compensation on your behalf.

Our San Bernardino trucking accident attorneys can also help you find qualified medical support, negotiate with insurance representatives and bill collectors on your behalf, and answer any questions you have along the way. Contact our San Bernardino office today at (909) 436-4610 to learn more about how we can help you after a truck accident.