Truck Accident Lawyer Santa Monica, CA
Justice for Santa Monica Truck Accident Victims
The highways around Santa Monica are filled with semi-trucks; our city’s position on several of the main highways in California means that we see more than our fair share of these “gentle giants” of the road. But, when you get into a wreck with a semi-truck, you quickly learn that these giants are anything but gentle. Semi-trucks weigh 80,000 pounds when the trailer is full, and with that much weight coming at your much-smaller passenger vehicle, the potential for serious injuries is high. You may never regain the physical abilities you had before the collision, and your losses are likely extensive. Our Santa Monica, CA truck accident lawyer can help you get the compensation you need to recover from your injuries and move forward with your life.
The attorneys at Choulos & Tsoi Law Firm are familiar with California and federal regulations that govern the operation of commercial trucks and can easily identify when a driver or their trucking company violates them. We help injured victims like you hold negligent parties accountable for the harm they cause and demand that the at-fault driver and any other liable party compensate you for your losses. Contact us today for a free consolation.
What Does a Santa Monica Truck Accident Lawyer Do?
Truck accident lawyers are personal injury attorneys who help victims, like you, who have been harmed due to the negligence of a commercial driver and other parties, like the trucker’s employer. Truck accidents can be considerably more difficult to litigate than car accidents involving two private drivers, and not every personal injury firm has the resources, knowledge, and experience required for a satisfactory outcome for the plaintiff. We do; our firm understands the stringent federal requirements set by the FMCSA, plus the requirements the state of California sets for commercial truckers.
We collect evidence to build a case proving that the trucker was negligent and will likely name the trucking company as a defendant. This includes subpoenaing the company’s hiring and personnel records, plus data from the truck’s Event Data Recorder, aka the “black box.” We also employ expert witnesses, like medical experts and accident reconstructionists, who can testify about the cause of the wreck and the extent of your injuries. Our goal is to achieve the highest possible settlement in your case.
Complexities in Semi-Truck Accident Cases
Truck accident claims have complicated legal issues that car accidents typically don’t. First, the injuries the victim suffers are often life-threatening or disabling. You may have months of recovery and invasive medical procedures and may never fully regain your physical abilities. These medical bills add up, which makes the damages easily in the six figures, sometimes over a million dollars.
Secondly, there may be multiple defendants in your case, not just the driver. If we find that the trucking company failed to do due diligence in hiring or supervision or set schedules that required the operator to drive longer than the FMCSA permits, then we can name them as a negligent party, too. This means building two cases, not one, which takes more time and resources.
The other party’s insurance company will fight hard to avoid paying out the full value of your claim. Your Santa Monica truck accident lawyer will fight back, supporting your rights and ensuring that you get everything you deserve. Contact Choulos & Tsoi Law Firm today for a free consultation.
Determining Liability in Santa Monica Truck Accidents
Truck accidents can be some of the most devastating collisions on the road. When these accidents occur, determining who is at fault can be complicated due to the various parties involved and the specific regulations governing trucking. Understanding how liability is assigned in truck accidents is crucial for victims seeking compensation for their injuries, medical expenses, and damages. For help with a claim, schedule a free 30-minute consultation with our Santa Monica, CA truck accident lawyer at Choulos & Tsoi Law Firm. Let our team determine who is at fault and help you get the compensation you deserve.
How Negligence Factors Into Truck Accidents
As with all motor vehicle accidents, the key to determining fault in a truck crash is establishing negligence. To hold someone liable, it must be shown that their actions (or inactions) directly caused the accident. In the case of truck accidents, there are several parties that could be considered negligent.
The most common source of negligence is the truck driver. Reckless behavior such as distracted driving, speeding, driving under the influence of alcohol or drugs, failing to obey traffic signals, or improper vehicle operation can lead to serious roadway accidents.
In addition, if the trucking company fails to maintain its vehicles, does not properly train drivers, or pressures drivers to violate safety regulations, such as driving for excessive hours, they can also be held liable for the accident. However, if a truck’s mechanical failure, like bad brakes or a blown tire, caused the crash, the company responsible for the truck’s maintenance or repair might be at fault. Poor maintenance or the use of faulty parts could be a significant factor in an accident.
Improperly loaded cargo or failing to secure the load properly can lead to accidents such as rollovers, truck jackknifing, or debris on the road. In these cases, the company responsible for loading the truck could be liable for any resulting accidents. Moreover, if the accident was caused by a defect in the truck or its parts, the manufacturer could be accountable for product defects under product liability laws.
Contributory and Comparative Fault
In some cases, multiple parties may share liability for the truck accident. California follows a comparative fault system, meaning that even if you, the accident victim, were partially responsible for the crash, you may still be entitled to compensation. However, your compensation may be reduced by the percentage of fault assigned to you.
For example, if the truck driver is found to be 80% at fault and you are 20% at fault, you could still recover 80% of your damages. This system helps ensure that victims can receive compensation even if they share some responsibility for the accident.
Investigating the Accident Scene
Determining fault for a truck accident often requires a thorough investigation. Evidence from the crash scene, witness statements, and data from the truck’s black box or event data recorder (EDR) can help piece together what happened before, during, and after the accident. Law enforcement reports, traffic camera footage, and accident reconstruction specialists may also play key roles in determining who is at fault.
In many truck accident cases, the truck’s black box captures crucial data such as speed, braking patterns, and driver behavior leading up to the crash. This information can be invaluable in proving the driver’s negligence or the failure of the truck’s equipment.
The Role of Federal and State Regulations
Trucking companies and drivers are regulated by both federal and state laws. In California, truck drivers must adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations, which govern everything from driving hours to vehicle inspections. Violating these regulations can constitute negligence, and if a truck driver or company is found to be in violation, they can be held accountable for the accident.
Some of the common regulations that might come into play in a truck accident case include, limits to how many hours a driver can drive per week, maintenance and inspection reports, and cargo weight limits.
Filing an Insurance Claim and Seeking Compensation
Once fault has been determined, the next step is seeking compensation for your damages.
If negotiations with the insurance company fail or if you are not satisfied with the settlement offer, you may need to pursue a lawsuit to recover full compensation. This is where our experienced Santa Monica truck accident lawyer can be invaluable. Our attorney will help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
If you or a loved one has been involved in a collision, contact Choulos & Tsoi Law Firm now. Schedule a free 30-minute consultation with our Santa Monica truck accident lawyer. With over 30 years of experience representing personal injury claims, you can be assured that our firm will work diligently and tirelessly in order to provide a favorable resolution.
Common Causes Of California Truck Accidents
Truck accidents can lead to serious injuries and financial stress. When you’re involved in a crash, it helps to know why these accidents happen. At Choulos & Tsoi Law Firm, we work with people who have been hurt in truck accidents and are looking for answers. Below are some of the most common causes of truck accidents in California.
Driver Fatigue
Truck drivers often work long hours to meet delivery deadlines. Even with regulations in place, drowsy driving is a regular problem. Fatigue slows reaction times and makes it harder for drivers to make good decisions. If a tired driver causes a crash, they and their employer may be responsible for your injuries.
Distracted Driving
Like anyone behind the wheel, truck drivers can get distracted. Looking at a phone, adjusting a GPS, or eating while driving takes attention off the road. When a driver of a large truck is distracted, the results can be devastating. Our Santa Monica truck accident lawyer can help you figure out if distraction played a part in your accident.
Improper Loading
Cargo must be loaded correctly to avoid shifting during transport. When cargo moves or falls, the driver can lose control of the truck. This can cause rollovers, jackknifes, and collisions with other vehicles. Loading mistakes may involve not just the driver, but also the company that prepared the truck.
Speeding
Truck drivers are often on tight schedules, which can lead them to drive faster than is safe. Trucks need more time and space to stop than cars. When a truck is speeding, it becomes even harder to avoid a crash. If you believe speeding caused your collision, working with our Santa Monica truck accident lawyer is a good way to review the details of your case and collect solid evidence to support your claim.
Poor Vehicle Maintenance
Trucking companies are responsible for keeping their vehicles in good shape. Worn brakes, old tires, and broken lights can all lead to serious accidents. If a company has skipped regular inspections or repairs, they may be liable if their truck causes harm.
Inexperienced Drivers
Driving a commercial truck takes training and practice. When companies allow new or unqualified drivers on the road, the risk of accidents increases. Mistakes like taking turns too fast, misjudging distances, or failing to check blind spots can quickly lead to crashes.
Bad Weather
Rain, fog, and wind make driving harder for everyone, especially large trucks. Poor weather makes it more difficult to stop, turn, or see other vehicles. Drivers must adjust their speed and driving habits to fit the conditions. When they fail to do so, this could be considered reckless, careless, or negligent driving because serious accidents can happen.
Get Legal Help Today
If you’ve been hurt in a crash and are looking for help, our Santa Monica truck accident lawyer team is ready to work with you. We know how difficult it can be to deal with severe injuries, missed work, and medical costs. Contact us today to arrange a free and confidential consultation so we can review your situation and talk about your next steps.
Truck Accident FAQs
If you or someone close to you was involved in a truck crash, it’s natural to have questions—especially when you’re trying to figure out what to do next. Many people turn to our Santa Monica truck accident lawyer while dealing with doctor visits, car repairs, or time away from work. We’re here to help you better understand your rights and what to expect. The following covers some of the most common questions people ask after being involved in a truck accident.
What Common Injuries Result From Truck Crashes?
Because trucks are so much larger than passenger vehicles, accidents involving them often cause serious injuries. Common injuries include broken bones, back and neck injuries, head trauma, and internal damage. Many people also experience soft tissue injuries like whiplash or sprains.
Some injuries may take time to fully appear, which is why it’s important to get medical attention right away. Even if you feel okay, a thorough medical exam can help identify problems early and support your legal claim later.
How Is Pain And Suffering Calculated In Truck Accident Settlements?
Pain and suffering is a type of compensation that covers the non-economic impact of your injuries—things like physical pain, emotional distress, and loss of enjoyment of life. It’s usually calculated based on the severity of the injury, how long recovery takes, and how much it disrupts your daily life.
Insurance companies may use a multiplier method or rely on past case outcomes to estimate value. Our Santa Monica truck accident lawyer can help review your case and determine a fair amount based on what you’ve been through.
What Should I Avoid Saying To Insurance Adjusters After A Truck Accident?
When you speak to an insurance adjuster, it’s important to keep your answers short and factual. Avoid admitting fault or guessing what caused the crash. Don’t downplay your injuries or speculate about your recovery. Even simple phrases like “I’m feeling better” can be used later to reduce your claim.
Overall, It’s best not to provide a recorded statement without first speaking to your lawyer. The insurance company’s goal is to settle quickly for as little as possible, so protecting your words protects your case.
How Can I Get A Copy Of The Police Report For My Truck Accident?
You can usually get a copy of the police report from the Santa Monica Police Department or the California Highway Patrol, depending on which agency responded. Reports are often available online through the department’s website or by visiting the station in person.
You’ll need basic details like the date, location, and report number if available. Our California truck accident lawyer can also request the report on your behalf as part of your case preparation.
How Can A Personal Injury Attorney Help Me After A Trucking Accident?
After a truck accident, a personal injury lawyer can help you understand your rights and take on the insurance company while you focus on healing. Your lawyer will gather evidence, request the police report, communicate with adjusters, and keep track of deadlines. We can also help estimate what your case is worth and advise whether a settlement offer is fair.
At the Choulos & Tsoi Law Firm, we have a history of securing meaningful settlements for auto accident victims. We take the time to understand your situation and fight for the full compensation you’re entitled to.
Legal Guidance You Can Trust
If you were injured in a truck accident in California, getting legal guidance can make a real difference. Our Santa Monica truck accident lawyer can help you get the support you need to move forward. Contact us today for a free consultation and let’s talk about how we can help you with your claim.
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Where To Find Us
Our California firm serves clients across Santa Monica, Los Angeles, Auburn, the Bay Area, and the surrounding communities. Find an office near you, and give us a call today to set up a free case evaluation.
520 Broadway, Suite 200
Santa Monica, CA 90401
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11764 Inverness Way
Auburn, CA 95602
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580 California St. 12th Floor,
San Francisco, CA 94104
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