Truck Accidents

Contra Costa County Truck Accidents Lawyers

Compassionate Advocacy from Law Office of Daniel Horowitz

Truck accidents can be devastating, resulting in severe injuries or fatalities, alongside significant emotional and financial distress for victims and their families. The size and weight of commercial trucks mean collisions often lead to catastrophic outcomes, far exceeding those of accidents involving only passenger vehicles. They may even result in fatalities.

At Law Office of Daniel Horowitz, we understand the profound impact that a truck accident can have on your life. Conveniently located in Lafayette, just a few short blocks from the BART station, we offer dedicated legal representation to individuals across Contra Costa County.

Contact us online or call (925) 291-5388 to schedule a free case evaluation.

CA Personal Injury Laws Which May Impact Your Case

In California, several legal conditions can significantly impact when you can bring a case and its potential outcomes. One of the most important to be aware of is the state's statute of limitations for these cases.

Statute of Limitations: In California, individuals injured in truck accidents have a limited timeframe to file a lawsuit against those responsible for their injuries. Specifically, the statute of limitations for personal injury claims is two years from the date of the accident or one year from the date that the injury was discovered. Failing to file within this period generally results in losing the right to seek compensation.

Another critical aspect of California's personal injury laws is the doctrine of comparative negligence, which can directly influence the outcome of a truck accident claim.

Comparative Negligence: This law allows a plaintiff to sue a negligent party for the percentage of the damages that they are determined to be liable for. For example, if you suffer an accident with damages amounting to $100,000, and it is determined that a negligent party was responsible for 90% of those damages, you could bring a claim against them for 90% of your damages, or $90,000. This holds true for a defendant’s responsibility for non-economic damages.

Key points to remember when pursuing a truck accident injury lawsuit:

The statute of limitations for filing a personal injury claim in California is two years from the accident date.
California's comparative negligence law may reduce the compensation you can recover depending on your percentage of fault for the accident.

Read Daniel Horowitz's Legal Blog on Truck Accidents in California.

Common Causes of Truck Accidents

Truck accidents occur for various reasons, but understanding the common causes can help prevent future incidents and determine liability. These crashes often result from vehicle malfunction, environmental conditions, and human error.

More examples of common causes of truck accidents include:

Driver fatigue
Overloaded or improperly loaded trucks
Equipment failure
Lack of proper maintenance
Distracted driving
Speeding and reckless driving
Poor road conditions
Adverse weather conditions

Determining liability in truck accidents is complex and can involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and even government entities responsible for road maintenance. At Law Office of Daniel Horowitz, we meticulously investigate each case to identify all potentially liable parties to help enable our clients to make more informed, confident choices regarding seeking compensation.

Determining Liability in Truck Accident Claims

One of the key challenges in truck accident claims is determining liability. Unlike standard car accidents, where typically only the driver is at fault, truck accidents may involve multiple parties who share responsibility. Liability may fall on:

The Truck Driver: The driver’s actions, such as speeding, fatigue, or distracted driving, may be the primary cause of the accident.
The Trucking Company: If the company failed to ensure the driver followed safety protocols, maintained the truck, or complied with federal regulations, they may be held responsible.
The Manufacturer: If the truck or its components were defective, such as faulty brakes or tires, the manufacturer of the truck or parts may be liable.
Cargo Loaders: If the truck was improperly loaded or overloaded, the parties responsible for loading the cargo may share liability.
Maintenance Providers: If a third-party service performed inadequate or negligent maintenance on the truck, they may be held accountable for the accident.

Our truck accidents lawyers in Contra Costa County will work diligently to identify all parties involved in your accident and ensure they are held accountable for their actions. Investigating the circumstances of the crash, gathering evidence, and working with accident reconstruction experts can help establish fault and strengthen your case.

How to File a Truck Accident Claim in California?

Filing a claim after a truck accident in California involves several important steps. The process can vary depending on the specific circumstances of the accident, but generally, the steps are as follows:

Seek Medical Attention
The first priority after a truck accident is to seek medical care, even for minor injuries, as some injuries may not be immediately visible. This also helps create a record for your claim.
Report the Accident
If the accident involves significant damage or injury, report it to the police. The police report will document essential details and serve as evidence for your claim.
Document the Accident Scene
Take photos of the scene, including vehicles, damages, road conditions, and injuries. Collect witness information and other relevant evidence to support your case.
Notify Your Insurance Company
Inform your insurance company about the accident promptly, providing factual information without admitting fault. Your insurance will open a claim and begin its investigation.
Contact a Contra Costa County Truck Accident Lawyer
Hiring a skilled attorney is crucial to navigate the complexities of a truck accident claim. Your lawyer will help gather evidence, assess liability, and guide you through legal actions.
Investigate and Gather Evidence
Your attorney will investigate the accident, including reviewing police reports, truck maintenance records, and gathering witness testimonies to identify all responsible parties.
File the Claim
Your lawyer will assist in filing the claim with the appropriate parties, ensuring all documents, such as medical records and evidence, are submitted. They will negotiate for a fair settlement if necessary.
Negotiation and Settlement
After filing, insurance companies often offer low initial settlements. Your lawyer will negotiate to ensure the settlement covers all your damages, including medical costs, lost wages, and pain and suffering.
Litigation (If Necessary)
If a fair settlement cannot be reached, your lawyer may file a lawsuit and take the case to court, presenting evidence to a judge or jury for a final decision.
Receiving Compensation
Once settled or a judgment is reached, compensation may cover medical costs, lost wages, pain and suffering, property damage, and, in some cases, punitive damages. Having legal support ensures your rights are protected throughout the process.

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How Our Firm Can Help

When you choose Law Office of Daniel Horowitz to represent you in your truck accident case, you're getting more than legal assistance; you're gaining a tireless advocate committed to helping you preserve your rights. Our experienced attorneys are there through every step of the legal process, from filing the initial claim to negotiating settlements or representing clients in court when necessary.

By filing an injury claim, you may be able to recover compensation for:

Medical expenses, including future medical care
Lost wages and loss of earning capacity
Pain and suffering
Emotional distress
Property damage
Punitive damages, if applicable

If you or a loved one was injured in a truck accident, don't delay; schedule a free initial consultation with us today. We will review your case at this first meeting and discuss your options. Should you decide to work with us, we can move forward with the next steps of your claim, including a thorough investigation of your accident, evidence collection, and strategizing your claim options.

Law Office of Daniel Horowitz is well-respected in Contra Costa County, and we are ready to fight for you. Call us at (925) 291-5388 or message us online.

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