long beach truck accident attorneys
Since 1979, the Long Beach California truck lawyers at DiMarco | Araujo | Montevideo have worked hard each and every day to help clients who have been injured in truck accident get the maximum compensation they could get by law. Injuries are always difficult to deal with and could be even harder on the family. As you may sadly already know, trucking injuries can be more devastating because of the size and speed of trucks and the huge potential weight of their loads. We have represented the full scope of injuries from trucking accidents which includes it all from wrongful deaths and head injuries to whiplash injuries and spinal cord injuries. We strive to remain the best Long Beach trucking accident injury attorneys in the region. Our firm is ready today to begin fighting in and out of court for you so you can focus on healing and your family. Our quality reputation throughout Long Beach speaks for itself: We are experienced and successful truck accident lawyers who work tirelessly to protect the rights of their clients.
how to file a truck accident lawsuit claim
You are possibly thinking about how to bring a semi truck legal cause of action and/or how to file a workers’ compensation claim for a shipping truck catastrophic injury. You may call our injury firm any time of the day or night at (562) 372-3960. It is important to get at least some legal guidance before proceeding with a tractor trailer, refrigeration truck, or big rig truck injury accident case. We will discuss your claim during your free consultation:
- Options for how you may be able to do-it-yourself.
- What would actually be involved step-by-step in suing another party and filing your legal claim(s) for workers’ comp and/or third party personal injury.
- The answers to all of your questions that you have regarding how we can help you navigate the legal system during this very trying time.
- Potential litigation issues including: investigation, law and motion, expert witness depositions, types of causes of action, pleadings, written discovery, legal evidentiary standards of proof and legal requirements, lay witness depositions, potential special and general damages including: temporary disability benefits, loss of earnings, medical treatment, bodily injury, and other damages and benefits you are entitled to recover.
- How we could make your case simple, efficient and successful.
Our seasoned Long Beach truck accidents lawyers and staff are prepared to take the load and stress of a lawsuit off of your shoulders. We have been doing this for over three decades so we want to offer you the peace of mind that you will be in good hands. If after meeting with us and discussing with us the numerous crucial steps and costs that are needed to file, litigate, investigate, negotiate and potentially take your trucking injury case to trial, please know that we are always here for you. We sure hope this webpage helps you and that you get to maximum medical improvement as quickly as you can.
contact our firm right away
Work Injury Lawyers in Long Beach, CA
The Law Firm of DiMarco | Araujo | Montevideo
Long Beach, CA ~ (562) 372-3960
You deserve the absolute best attorneys in Long Beach, CA who have the knowhow, experience, staff and training to get you the maximum compensation you can get under the law. We are sure that the insurance companies will have a full team of lawyers and investigators to the scene of the accident as quickly as they can. You will need to even the playing field as much as possible by taking quick action to get your own legal team on the case quickly. As discussed later, we know how to protect the evidence and keep your case strong.
Highest Rating for Ethics & Service to our Customers
The Better Business Bureau consistently gives us their highest award of an A+. Due to that, you can rest assured that we will work hard for you throughout the case. We are ready to start your trucking and hauling work injury, workers’ compensation, and personal injury case so contact our firm today at (562) 372-3960. We will conduct a case evaluation to look into the merits of your case. The initial meeting is free and we’ll work on a contingency basis after that where you will not have to pay our firm anything unless we win your case.
truck accident workers’ compensation
Just like all the other workers in Long Beach and CA, truckers are required by law to be covered by workers’ compensation insurance. As you know, it provides assistance when an employee is injured while on the job or working. Workers’ compensation also protects the rights of the injured employee including the fact that the employer cannot penalize or fire employees for filing a workers’ compensation claim in Long Beach. As with all insurances, workers’ compensation insurance does have limits that were set in place by law. It also doesn’t allow for monetary damages for pain and suffering. The work comp insurance held by your employer might provide money to you and your family for disability, income, medical benefits, permanent disability compensation, medical expenses, death benefits, and vocational rehabilitation, when the injury, accident or circumstances warrants such payments. See the information below regarding “adding third parties” who are also at fault for trucking accidents for more info on maximizing your compensation.
We Will Give You the Complete Answers you Need
Schedule your free initial consultation right away so that you can discuss your job injury with our experienced Long Beach workers comp attorneys. We will answer all of your questions including if you are wondering how SDI (State Disability Insurance) works, what the workman comp benefits may end up being specifically for you and your family, and how much a work compensation attorney costs or how much a work injury lawyer costs? The great news is that you will not have to pay anything to our firm unless and until we win your case. In addition, you will be a knowledgeable partner through the entire case as our firm strongly believes in educating the client.
the third party who is also at fault
Third parties are people, companies, contractors, manufacturers, factories, repair shops or government entities that are also responsible for all or part of your workplace injury other than just your employer or place of work. (This information is in regards to a workers’ compensation case). By adding the third party, you could be able to receive compensation and benefits beyond that which is provided by the CA workers’ comp set of laws. If you are filing a workers’ compensation case but you want to recoup your complete lost income and damages for pain and suffering, our trucking accident law firm and our injury investigators will need to prove that a third party like that of a road or highway construction firm, truck manufacturer, truck mechanic, part manufacturer, or others has a share in the fault for the trucking accident.
Third Party Cases will be Coordinated with the W.C. Claim
Please contact one of our local Long Beach workers’ comp accident lawyers today using the phone number at the top of the page to discuss your injury and your legal options. This may be especially crucial if your case might have an additional third party (like a defective product manufacturer or it was caused in part by a faulty road or freeway design) as it needs to be coordinated and handled correctly since there could be two or more cases for the one truck accident injury. Our experienced truck accident injury lawyers and staff have handled cases like these for over three decades and we will be able to handle yours.
truck accident injuries & o.s.h.a.
The stated goal of the Occupational Safety and Health Administration (www.osha.gov) is to keep all work environments as safe and as healthful as they can. Their influence reaches far and wide. This even includes the working environment of truckers: the warehouses, freeways, truck yards, rest stops, loading/unloading zones and their mobile workplace of the truck, big rig, 18-wheeler, tanker, tractor trailer, 16-wheeler, and all other types and brands of trucks. OSHA states that “Every day in the USA, more than 14 workers lose their lives in preventable workplace tragedies.” Due to that unfortunate statistic, OSHA continues to improve road safety, freeway safety, truck driving rules and driving conditions so that less truckers and other drivers get hurt. OSHA even has a section of its laws devoted to trucking drivers and the trucking industry in general.
OSHA Has a Duty to Enforce the Safety Regulations
OSHA will investigate accidents, injuries and safety code violations by conducting site inspections, interviewing witnesses and employees, checking driving logs, reviewing maintenance records and by conducting other investigations. What has proven to be one of perhaps one of the most successful techniques that they use is to keep the names of all truckers or employees who call them regarding unsafe working conditions, OSHA violations, unsafe work hours, defective parts and potential truck accident risks anonymous, if the employee requests it.
the common trucking accident injuries
Due to the big size and fast speed of many trucks, most of the potential results of truck accidents can be traumatic. Concussions, broken bones, coma, blindness, contusions, back injury, ligament sprains, brain injury, burns, neck injury, amputation, lacerations, whiplash, being crushed, muscle strains, heavy bleeding, becoming deformed, cuts, and death are all potential outcomes of trucking accidents. The truck accident injury lawyers of DiMarco | Araujo | Montevideo have over thirty years of experience assisting truckers or those hit by a truck with their legal cases for all the above results, injuries, and more. We will stay by your side throughout the legal journey. If you do not have your own doctor or medical plan for your truck highway injury, truck unloading accident, truck loading injury, truck load shift accident, or truck road accident, we can help find a local one that will be able to give you the comprehensive and timely treatment that you legally deserve. Let us walk with you all the way.
how trucking accidents occur
Truckers can be scheduled to drive for many hours on end throughout all times of the day and night and in the complete variety of weather conditions from sunny and dry to cold, rain and high winds. They encounter many types of challenges and dangers. Sometimes just backing into the driveway of the warehouse is not an easy task. A main reason truck accidents cause so many injuries and deaths each year is that trucks can be forty times heavier than the car, motorcycle or van it collides with on the highway or road or in the parking lot. Over 70 percent of truck accident injury victims were not truckers or truck passengers. Trucking accidents can happen in many ways including rear-ender, illegal lane change, rollover, unsafe lane change, improper loading, driver on drugs, improperly secured load, out of control downhill, an intoxicated driver (DUI), spill, poor repair or maintenance of the truck or car who started the accident, a drunk driver, overworked driver, negligent hiring, drugged driver, air-brake failure, illegal loads, driver on his cell phone, run-off-road collision, another driver hit the truck, load too heavy, driver fell asleep at the wheel, side collision, and animal collision. It is important that the trucking company you work for always keeps up on the maintenance of your truck as that helps avoid some trucking accidents.
Additional Truck Accident Causes
Some more types of causes of trucking accidents that occur in Long Beach include collision with a pole or stop light, head-on collision, poor road construction, collision with a median or barrier, hit a pedestrian, swerved into a car, hit a deer, side swiped a car, speeding, jack brake failure, under the influence driver, load shift, brake failure, jack-knife, equipment failure, sleep deprivation, poor eyesight or poor reflexes, poor road design, hit road debris, swerved off road, blind spot accident, a car got hit while it was in the way of the wide turn, poor road condition, driver eating or calling, too much downhill speed, trucker texting, inexperienced UHaul driver, low warehouse clearance, low bridge clearance, low building clearance, or a distracted trucker on a cell phone while driving. Trucking accident injuries can be catastrophic, tragic, serious, and/or fatal and we hope that you let our injury law firm have the chance to defend you, get you the compensation you deserve and protect your rights.
The Trucking Companies Response to the Accident
Each trucking company and manufacturer has decades of experience as the defender in countless truck accident injury legal proceedings and so they invariably have a team of seasoned defense attorneys ready to do what it takes to win the case and minimize the compensation payout. As discussed elsewhere on this page, the trucking companies have the whole routine down as to how to immediately start building their case from the moment of the accident.
Our Legal Assistance Could Help You Get the Max Compensation
We fully believe that you need our legal help to receive the maximum compensation that is legally possible for your truck accident injury. Trucking companies have been accused of tying up the legal process so that individuals like you cannot sustain the cost of the legal effort. They have also been known to not enforce their trucker rules and regulations, falsify maintenance records, falsify driving logs, and lose critical records like the receipts, black box, computer records, driving logs and more.
Trucking Companies Start Building their Legal Case within 1 Hour
In fact, when a trucker is involved in any type of accident, they are sure to radio their dispatcher. The dispatcher then gets the trucking company’s lawyers and investigative team to the trucking accident site usually within an hour. Sometimes they are there even faster than the police, ambulance, tow trucks, or fire trucks. Their team immediately starts to prepare and build the case and they sometimes even destroy, hide or change the evidence. If the large company you will be up against in court is legally defending their case so quickly after the accident, shouldn’t you be too?
We Can Fight the Insurance Companies for You
Call us as soon as you can as we can help you preserve the evidence and protect your side of the case. It is important that you are proactive when facing the above and hire some of the best Long Beach truck accident lawyers around. We know how to help you win your injury case and how to get to Maximum Medical Improvement as soon as possible.
what to do following a truck accident
After any truck accidents, it is always a good idea to remain as calm as you can. Decisions that are made following a truck accident may affect your health, your recovery, and your potential legal case, so be sure to get a hold of some of 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 whiplash injuries, neck injuries, and back injuries, do not have immediate pain or symptoms but they do need quick treatment and medical attention.
Document the Scene
Be sure to also retain as much evidence from the trucking and car accident scene as possible including taking your own pictures with your camera or cell phone, writing your own records of what happened, writing down the info for all other people involved including witnesses, and protecting your vehicle that was involved in the crash. Our trained staff will want to investigate the vehicle for signs of defect and evidence to help with the case so be sure the car or truck is not tampered or cleaned until we can see it.
The Possible Compensations for You
As you probably already know, the California state law is designed to protect all of the rights of people that get injured due to the fault of another company, person, or corporation. The law takes into account the many ways your life and abilities might have been changed due to the big rig, semi-truck, 18-wheeler, or tractor trailer accident since injuries caused by a bad truck accident can be life-threatening, career hindering, life altering, debilitating, and tragic. The types of compensation that you or your loved ones might be entitled to could include medical bills, payment for your life-care, punitive damages, property damage, loss of current and future wages, changes to your lifestyle, pain and suffering, and more. We can discuss with you during the free consultation whether your case and circumstance warrant each of those compensation categories and what we feel is a reasonable amount that could be coming to you if your case has merit and we win in court.
government’s oversight & liability
All levels of our levels of government have tried to make trucking and driving on the CA roads safer over the last fifty years. This is especially true in California as our roads have become more and more congested. For the trucking industry, the government has many weight, size, route, and design regulations and restrictions. In terms of whose rules truckers have to follow, it depends on where they are. When the trucks stay on the National Network of US and state highways that are considered interstate freeways, they come under federal limits. When those same trucks turn onto intrastate highways and freeways, they come under the state’s rules. This may seem confusing but truckers get it down very quickly.
Other Measures to Protect the Citizens
To protect our bridges and overpasses, there is the Federal Bridge Gross Weight Formula. Weigh stations are also an important way that our government enforces its trucking regulations. In addition, the government continues to pass laws that require trucks to add safety features, sensors, warning lights, quality improvements, and secondary safety features.
CalTRANS and Safety
Caltrans is our state’s department that manages more than fifty thousand miles of highway driving lanes and works with local agencies to connect the local streets, boulevards, avenues and roads to the highway’s bridges, tunnels, offramps, onramps, overpasses and interchanges. CalTRANS has been involved in the high speed flow of cars, trucks, semi-trucks, vans, SUVs and commerce in this state for over a century.
Road Conditions Also Cause Trucking and Car Accidents
Additional causes of auto, motorcycle and trucking accidents on our roads and highways are ineffective curve or downhill/uphill designs, poor road conditions, defective road designs, a lack of a center divider or guard rails, and unmaintained roads and highways. In addition, poor water flow and water drainage can cause slippery conditions, loose gravel, puddles, and other unsafe conditions. Caltrans may be liable if it is proven that their traffic control devices are negligent or not properly designed or installed such as reflectors, road paint, stop signs, warning signage, traffic lights, traffic signage, and detours. We can help you look at your semi-truck accident, 16-wheeler accident or other truck accident to see if CalTRANS was partially or fully at fault.
Limiting Continuous Driving Hours with Hours of Service Rules
Since a few of the top causes for truck accidents are sleepy, overworked or exhausted truck drivers, the federal and state governments regulate the amount of hours a trucker can drive within a certain set period of time. A trucker is required to keep a log book, or an electronic on-board recorder, to track their hours of driving, out-of-cab time, breaks, and duties. The current hours of service rules revolve around a max of 11 hours of driving in a 14 hour window which is then supposed to be followed by a 10 hour period of the trucker resting. Truckers are also required to get a commercial driver’s license to be able to operate a truck in the US.
Governments Have a Duty to Oversee Design and Construction
Our government has a direct oversight over the construction projects of all road and traffic projects including bridge, underpass, street, intersection, overpass, boulevard, offramp, onramp, and freeway projects. They also plan the flow of traffic and control it using signals, reflectors, lanes, warning signs, and other signage. This oversight can create a duty and responsibility of the building, safety, permit and/or planning division of any municipalities, state and federal governments. Most agencies have a building and planning division that oversees commercial and residential construction projects. We have over thirty years of experience working with cases involving government entities and we will be sure to look at that part of your accident.
US and CA Commercial Licenses
The Federal Highway Administration (FHWA) works with the Department of Motor Vehicles (DMV) to maintain a set of minimum standards that each state needs to meet or exceed for their version of the commercial licenses. As always California is one of the hardest states to get a commercial license in. Class A, Class B and Class C commercial licenses are needed when one is driving a vehicle with either the capacity to hold a certain number of passengers or a certain amount of load or cargo. Further tests and certifications are needed for drivers of semi trailers, school buses, tank trucks, and trucks with hazardous materials.
Distracted Truck & Car Drivers Cause Lots of Accidents
The Department of Transportation, DMV and CalTrans are working hard to find a way to prevent trucking accidents and trucking injuries because of the ever increasing amount of distracted drivers. Texting, drinking, eating, cell phones, smoking, using the in-car GPS or map routing device, and loud music all have contributed to truck accidents in the last year.
major california truck routes
California has some of the country’s biggest airports, farms, ports, manufacturers, refineries, factories, and stores that constantly need to ship their raw materials, supplies, products, produce, and merchandise all across the state and country. Some of the major truck routes in California where trucking accidents happen are: Interstate Highway 805 (I-805), Interstate Highway 19 (I-19), Interstate Highway 10 (I-10), Interstate Highway 5 (I-5), Interstate Highway 14 (I-14), Interstate Highway 405 (I-405), Interstate Highway 80 (I-80), Interstate Highway 8 (I-8), Interstate Highway 215 (I-215), Interstate Highway 15 (I-15), Interstate Highway 99 (I-99), Interstate Highway 40 (I-40), Interstate Highway 905 (I-905), Interstate Highway 395 (I-395), Interstate Highway 60 (I-60), and Interstate Highway 710 (I-710). The Los Angeles and Long Beach ports and LAX are also reasons why trucks can always be see on Long Beach and Los Angeles roads and freeways. Every single week of the year, thousands of trucks, semi-trucks, big rigs, tractor trailers and 16 wheelers use our highways to move goods throughout our state.
types of trucks & tractor trailers
Since 1979, our firm has helped thousands of clients who have suffered all types of work injuries and personal injuries. We are proud to say that a rather large number of those clients have been injured truckers who we’ve been able to help rebuild their lives through a positive settlement or trial verdict. The major types and brands of trucks and tractor trailers that are on the road today include motorhomes, Renault Magnum truck, Dodge truck, Ford truck, GMC truck, Penworth, big rig, Kenworth, platform truck, box truck, cab over, double trailer, refrigeration truck, 18 wheeler, open truck, semi-trailer, semi-truck, Peterbilt, Mack, flat bed, tractor, tanker, tractor trailer, live stock truck, Bobtail, construction trucks, cement truck, car/vehicle transport, dump trailers, enclosed truck, Colet, grocery truck, retail truck, three axel truck, Pierce truck, and cement mixer.
Additional Trucks that are on California Roads Today
More types of trucks and tractor trailers include GINAF, Leyland, Freightliner, Sterling, dump truck, Daimler truck, multi-stop truck, mobile crane truck, Chevrolet truck, MAN truck, heavy hauler, log carrier, truck-mounted crane, fire truck, Western Star, garbage truck, crane truck, pickup truck, recreational vehicle (RV), tow truck, Oshkosh, Crane Carrier Corporation, horse trailer, ballast tractor, bottler truck, DAF truck, Tata Motors, Hyundai truck, pic trailer, plant trailer, oil tanker, dog truck, Hino Truck, panel truck, Isuzu truck, UD Nissan truck, and full-sized pickup trucks. All of these types and brands of trucks are useful for what they were designed to do and accomplish but it is crucial that you are always on alert for truck defects or product defects as they can cause truck accidents as well.
contact us for quality legal help
We believe that each and every injured person deserves the chance to discuss their case, their legal options and find out if their case has merit. We will be honest and forthright with you throughout the preparation period and the trial. We are well known throughout Long Beach, California, Riverside, Los Angeles, Orange County, San Bernardino, San Diego, and San Francisco as top trucking accident attorneys who know how to help you. We offer a free initial consultation and case evaluation for all injured truckers and injured drivers. Even after the initial no-cost meeting, we will work for you on a contingency basis where you won’t owe us anything unless we win your case. The Long Beach trucking injury lawyers at DiMarco | Araujo | Montevideo are willing to have the meeting at your home or hospital room if you are unable to come to our office.
We are available to meet Monday through Friday between 8:30 AM and 5:30 PM and we can also setup appointments on Saturdays, Sundays and in the evening. Many throughout Long Beach consider us to be the best trucking accident attorneys around. Let us represent your trucker accident injury and start the process of protecting your rights.
Law Firm of DiMarco | Araujo | Montevideo
Long Beach, California ~ (562) 372-3960
We Will Walk with You All the Way
