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Were You Injured in a Commercial Vehicle or Trucking Accident?
The first thing you should do before discussing your accident with anyone is to contact us at 800.341.2292.
- No Fee Unless We Win!
- Free Consultation!
- See What Your Case Is Worth!
- We Handle Property Damage On Your Behalf at NO Extra Cost!
- We Don't Get Paid Until You Get Paid!
Our team of professional trucking injury specialists will schedule a free no obligation consultation. We will go over all the details of your accident to determine the best course of action. We can provide you with all the information you need to move forward with your claim. We will ensure you get the highest settlement possible and avoid some of the common mistakes.
Before you sign any documents with an insurance company, it is critical that you understand your rights. Insurance Companies are not on your side. They will do whatever they can to persuade you into signing off on their first offer. They will make no effort to properly assess the physical or psychological damages caused by the accident. Their only concern is to protect the company’s profits.
An insurance claims person will use some of these typical tactics:
- Ask you to provide a recorded statement regarding the accident and your injuries.
- Ask you to fill out complex paperwork to use it against you.
- Force you to be examined by their own medical specialists whose diagnosis usually conflicts with the medical report your doctor gave you.
- Claim your accident injuries were pre-existing and not linked to the crash.
- Convince you that you are partially or completely liable for the accident.
- Tell you that your injuries are not nearly as serious as you claim.
- Offer you a ridiculously low settlement and pressure you to sign it by saying their next offer may be much lower.
This is why you need Tishbi Law Firm. We are highly skilled in fighting against insurance companies and protecting your rights. We deal directly with the insurance company to eliminate the pressure and stress they will impose upon you to settle.
Here is a list of some common injuries people sustain from truck accident:
- Neck, Back and Spinal Injuries.
- Whiplash, herniated discs, spinal cord damage, sprains, or strains.
- Head and Brain Injuries
- Concussions or other traumatic brain injuries, internal bleeding, skull fractures, or lacerations that require plastic surgery.
- Burn Injuries
- Burns can range between minor to fatal. Serious burns may require skin grafts and result in scarring.
- Soft Tissue Injuries
- When muscles, tendons, or ligaments are stretched or torn in an accident, the pain can be significant and lingering.
- Spinal Injuries
- Spinal cord damaged can result in paralysis or a loss sensation in the lower extremities.
- Broken Bones
- Fractures and breaks can be extremely painful and may require multiple surgeries to repair the damage.
- Fatality
- Surviving family can file a wrongful death lawsuit.
We are committed to getting you the highest settlement, and you pay nothing until we win your case.
Potential Causes of California Truck Accidents
Here are some of the most common:
- Driver Fatigue
- Truck drivers are required follow federal regulations regarding the number of hours they can work without rest, however, they are often pressured to work long hours. And although federal law mandates truck drivers to maintain logs outlining the number of hours they drove and the number of hours they rested, these regulations are usually ignored. This results in truck drivers that are drowsy and sleepy. They cannot react quickly to dangers on the road, or they may begin weaving or driving erratically. Sometimes a driver may even fall asleep at the wheel.
- Excessive Speed
- It is a challenge for large tractor-trailers to stop on flat roadways at reasonable speeds. So when truck drivers are traveling at high-speeds, especially when going downhill, there is an added risk of rear-ending vehicles in front of them or losing control.
- Improper Vehicle Maintenance
- Conscientious truck owners will maintain and service their semi-truck before leaving on a long trip. However, this is not always the case. Tire and brake failure are some of the most common causes of truck accidents that often result in fatal crashes.
- Improper loading
- It is critical that a semi-tractor trailer is loaded properly. A tractor trailer that is not properly loaded will have a significant impact on how the truck handles. Jackknifing accidents are usually caused by an overloaded or improperly loaded big rig.
Actions to Take After a Truck Accident
Truck accidents follow the same guidelines as an auto accident, however there are usually more vehicles involved and this requires gathering more evidence from more people.
Report the Accident
You are required to make a report of an automobile accident that involves injuries; even minor, or property damage. A documented report will also assist you later when you file an insurance claim. If you are sure you were not at fault for the accident, getting a police report can help support your case and will provide beneficial information if the other driver was intoxicated or disobeyed a traffic law.
Speak with the Other Driver(s)
Get all of the other driver’s name, address, license number, license plate number and insurance card. Also, get the name(s) and address of any passengers. Make notes describing the other vehicle(s) and the damages. Never discuss the cause of the accident or apologize, these statements can be used against you in a lawsuit.
Take Photos
Almost everyone has a mobile device with a camera and that is all you need to record images of an accident. If your cell phone was damaged in the accident, see if any passenger has a working camera or ask a witness if they will let you use their device.
- Get as many photos as possible.
- Make photographic notes of the weather conditions, such as if it was raining or snowing.
- Record the damages to your vehicle and any other vehicles involved with the accident.
- Take photos of all the debris and wreckage on the road.
- Photograph all street signs and traffic signals.
- Get images of all the vehicles before they are moved from the roadway.
- Record any property damage; this can be a lamppost, parked vehicle, mailbox, someone’s yard, traffic light, etc.
- Take photos of all skid marks.
- Photograph all injuries.
Look for Witnesses
Scan the scene to locate any witnesses. Ask all bystanders if they will provide their contact information and ask if they will remain at the accident scene to provide a statement for the police report
Surveillance
Look around to see if there are any surveillance cameras that may have recorded the accident, such as a traffic camera or security cameras from a nearby business. Ask the police if your attorney can obtain the video from these devices.
Write a Detailed Description
Be sure to write down the accident details when they are fresh in your mind. Write what happened before the accident and description of how the accident occurred. Record the date, time and location of the accident. Describe the weather conditions or other factors that may have contributed to the accident. Example: a deep pothole, road debris, heavy equipment and road repairs, non-functioning traffic signals or any other condition.
Seek Medical Treatment
Some injuries are not noticeable immediately after an accident. You should always get checked out by a paramedic or first responder to determine there are no internal injuries and to confirm you are unharmed. Some conditions such as “whiplash” may not show immediate symptoms. Early diagnosis is always best. Also, getting a medical examination immediately after an accident can help establish a link between the injury and the accident. Be sure to retain a copy of all medical expenses and records related to the accident.
Trucking Accident Claims Can Be Complex and Full of Difficulties
The trucking industry spends thousands and thousands of dollars on attorneys and research firms to produce studies and rehearsed testimony to shift the blame of a trucking accident away from truck drivers and onto car driver(s) and passengers. Trucking companies retain high paid lawyers with experience in handling trucking cases to create misleading information to confuse and convince a judge and/or a jury that their truck driver did not cause the accident.
Here are some other tactics trucking companies will use:
- Falsification of Records
- Trucking companies may pressure their drivers to falsify logs that records how long they have been driving without a rest. This can lead to drivers being overworked and fatigued, which can result in accidents.Tishbi Law Firm knows how to discover falsified logs and find hidden messages in company manuals that disclose the company’s real; and sometimes illegal, actions they impose on their drivers. An example: gas stations and truck stops have been known to remove the purchase time on the truck driver’s receipt. This can be critical evidence to help determine how long the trucker was driving. We have the experience to uncover these scams.
- Published Company Rules, But Not Followed
- There are federal and state regulations that restrict truck drivers from using drugs to stay awake. These regulations are in place to reduce the risk of accidents. However, although these regulations may be in the company manual, many trucking companies ignore truck driver substance abuse to allow their drivers to work long hours in order to meet delivery deadlines.We know how to investigate and identify truck drivers that abuse drugs and ignore regulations that result in injuries and fatalities.
- Multiple Parties In Control of Equipment
- When a piece of equipment fails on a semi or truck, it can be difficult to trace the origin of failure. For example; bad brakes may be the result of a defect from the truck manufacturer, or the brakes could have been replaced improperly, or the brake failure may have been the result of poor maintenance.We partner with a team of investigators and experts to locate the cause of brake failure and place blame for the accident on the appropriate parties.
- You Must Act Quickly
- Trucking companies will not waste their time getting one of their representatives to the scene of the truck crash. They arrive almost as soon as the accident happened to begin their investigation.Because of injuries and the fact that you may have been in a state of shock, you were probably slow to act. The most effective way to counter a trucking company’s early advantage is to contact us as soon as possible.
- Preserve Evidence
- It is extremely important to preserve evidence immediately and as quickly as possible after an accident. Evidence, like the driver logs, computer records and on-board “black box” data, will be critical in proving why the accident occurred. This information must be secured before it is destroyed or disappears. Federal regulations allow trucking companies to discard and destroy old driver logs and other essential data after only six months.
Different Types of Truck Accidents
Not all trucking accidents are the same. Most people do not think about all the different kinds of trucks on the road. The severity and damage from a truck accident often depends on the type of truck involved. Also, truck drivers may be subject to different requirements; licensing for example, than the driver of another kind of truck.
If you are unsure what kind of truck caused your accident, no problem. The attorneys at Tishbi Law Firm have the experience to identify different types of trucks and we know experts who can help with this issue.
- 18-Wheeler
- Ambulance & EMS Trucks
- Big Rig
- Cargo Trucks
- Commercial Bus
- Concrete Trucks
- Construction Trucks
- Delivery Vans
- Fire Trucks
- Fuel Trucks
- Garbage Trucks
- Logging Trucks
- Moving Vans
- Semi Trucks
- Steel Trucks
- Tanker Trucks
- Tow Trucks
- Tractor Trailer
Factors That Can Cause a Trucking Accident
Negligence and irresponsibility are often the major reason for trucking accidents. Usually the truck driver was doing something that they shouldn’t have been doing or failed to do something that they should have.
Here are some other factors that can contribute to a truck accident:
- Blind Spot
- Distracted Driver
- Failure to Yield
- Fatigued Driver
- Impaired Driving
- Improper Passing
- Improper Reversing
- Load Spillage
- Over-sized Loads
- Poor Road Conditions
- Poor Route Planning
- Poorly Screened Drivers
- Speeding
- Tailgating
- Unrealistic Schedules
Call Tishbi Law Firm Immediately for a Free Consultation
It is very important to contact us as early as possible. We will explain your legal rights and provide communication between you and the insurance company. We will instruct you regarding the evidence you should collect and when to provide a statement to the insurance company.
We will:
- Review your insurance policy.
- Read your policy carefully to make sure you understand the claims process and your rights and duties under the claim.
- Check the time deadlines in the policy that you must adhere to.
- Contact Your Insurance Provider.
- Tell your insurance company about the accident. This will make them aware that you will be filing a claim.
- File a Claim
Remember, the insurance company is not on your side. Insurance companies are in the business of making money, and they will do all they can to reduce your compensation. This is why you need Tishbi Law Firm, on your side. We understand how the insurance companies operate and we fight for every last dollar to maximize your claim.
If You Think You Are at Fault
Remain Silent
After a truck accident it is imperative to remain silent about who is to blame for the incident. This may seem like a simple concept, but admitting fault is one of the most common mistakes that people make following a crash. Even a simple apology can potentially be used against you.
Do Not Admit Fault
Do not admit that you are at fault or even partially at fault to the driver of the other vehicle, the trucking company, any insurance company, the police, your own passengers or anyone else. There may be extenuating circumstances that may have contributed to the accident that you are not aware. Although hearsay is not admissible in court, the exceptions to this are statements that can serve as an admission or confession and can be included statements by the other party.
Do Not Discuss What May Have Caused of the Accident
Do not ask the other driver, passengers or witnesses what they think caused the accident.
Make No Accusations
Do not accuse anyone of violating traffic laws or being drunk etc., those details will be handled by the police. Law enforcement may administer a breathalyzer or blood test to determine if any of the drivers involved in the accident were intoxicated at the time of the crash. The officer may also ask routine questions and look for evidence, such as empty alcohol containers in the vehicle as well as drugs or illegal substances if either driver is suspected of being high. Law enforcement is highly trained to discover the cause of an accident using forensic scientific methods.
Take Notes
It is important to take notes of any statements made by the other driver. A smart phone, iPad, Android tablet, or other electronic device can be used for recording voice memos in the aftermath of an accident. Use whatever means available and gather as much detail as possible about the accident
Contact Tishbi Law Firm
The most important action that can be done after a truck accident to preserve your rights is to contact us; this will have the greatest impact on your case. Without the guidance of our legal counsel, you will be vulnerable to the tactics of the defendant’s lawyer and the opposing side’s insurance company. An insurance adjuster will pressure you to accept a low and unfair amount of money and possibly waive your legal rights in exchange for a quick settlement. Before you sign anything, be sure to consult us. We will provide you with the legal protection you need.
Call Tishbi Law Firm Immediately for a Free Consultation
We take on the big insurance companies so you are not forced by their clever lawyers to accept a quick and low compensation. We can often settle out of court, giving you faster access to funds and allowing you to focus on your physical and emotional recovery. We examine past all the details to build a strong highly personal case to guarantee you receive the highest financial compensation and medical care. If you have been injured in an Auto accident, call Tishbi Law Firm at 800.341.2292. You are our number one priority!
General Information
According to the National Highway Traffic Safety Administration, a large truck is a vehicle weighing more than 10,000 pounds. An 18-wheel tractor-trailer can weigh more than 80,000 pounds. A large truck traveling at a high speed beside smaller vehicles can be intimidating to the driver of the car and the passengers.
There were 30,057 fatal crashes on the nation’s roadways in 2013 and 3,806 of these accidents involving large trucks or buses according to NHTSA. According to the Federal Motor Carrier Safety Administration, there were 3,622 fatal accidents involving trucks in 2015 and in 2017, there were 4,237 fatal truck accidents. This is an increase of 615 fatal truck accidents in just two years!
Truck accidents are usually very serious and life-threatening. Anyone who has been in a truck crash knows first-hand that a truck accident is not like a common car accident. Commercial trucks cannot maneuver or stop as quickly as a car. The combination of a semi-truck’s large size and speed make the damage caused by an out-of-control truck much greater than most other highway accidents.