Ontario Small Commercial Truck Accident Lawyer
Ontario Small Commercial Truck Accidents are Every Bit as Dangerous
While they may look pint-sized compared to the big rigs traveling California highways, small commercial vehicles can still weigh up to 26,000 – more than 6 times the average weight of a typical passenger automobile. As a result, box trucks, cherry pickers, bucket trucks, and small commercial truck accidents can still lead to devastating damage. According to the California Highway Patrol (CHP), there are around 7,200 truck crash casualties every year. Statistics reveal that motorists in Southern California face a higher risk, likely due to being situated in the Inland Empire, a major trucking hub. Though San Bernardino County is home to just 6 percent of the state population, 10 percent of all CMV collisions occur in this region.
Fortunately, California personal injury laws cover crashes no matter what the size of the truck. You may qualify to recover compensation, and our team at Caruso Law Offices, P.C. will be at your side throughout the process. Our attorneys are active members of The Academy of Truck Accident Attorneys, the largest association of plaintiff attorneys specializing in commercial truck accidents. Please contact us to schedule a free case evaluation with an Ontario small commercial truck accident lawyer, and read on for some background information.
Overview of California Truck Accident Laws
Liability does not change based upon the type or size of a vehicle, so you will still need to prove the essential elements of negligence after a small commercial truck crash. In short, you must show that the collision was the direct result of the operator’s failure to exercise reasonable care while driving. Examples of negligence include running red lights, speeding, or distracted driving.
However, there are some forms of negligence that are specific to small commercial vehicles. For one, keep in mind that these drivers are not subject to the same training and operational regulations that cover 18-wheelers. Someone operating a smaller truck could get a Class B CDL in as little as 7 days, while a Class A CDL takes 3 weeks or more. Drivers of small commercial vehicles may be negligent by
- Failing to inspect and secure cargo;
- Taking turns too quickly;
- Making unexpected, sudden stops; and
- Driving while fatigued, since many operators of small commercial vehicles are not required to comply with Hours of Service (HOS) regulations established by the Federal Motor Carrier Safety Administration (FMCSA).
Steps in the Legal Process
Another common factor small commercial truck crashes share with other accidents is the legal process. The first step is filing an insurance claim, at which point you initiate settlement discussions. It may be possible to resolve your claim by agreement, but insurance companies are notoriously difficult when it comes to settlement. Paying out your claim hits their bottom line, so the insurer may make a lowball counteroffer or deny payment entirely.
When the insurance company declines to pay fair damages, the next step in the legal process is going to court. Under California’s statute of limitations, you have 2 years from the date of the accident to initiate litigation. From there, the proceedings involve:
- Pretrial motions and court hearings;
- Written discovery to access documents and other evidence;
- Depositions of all parties; and
- Going to trial, including presenting evidence, examining and cross-examining witnesses, and arguing in favor of your position.
Complex Legal Issues with Truck Crash Claims
This description of the legal process does not reveal the hurdles that arise in accidents involving CMVs. You can trust Caruso Law Offices, P.C. to overcome challenges, such as
- Multiple Parties: There is typically an employer behind someone operating a small commercial vehicle, and you may be able to pursue the company under the theory of vicarious liability.
- Insurance Coverage: Commercial vehicles carry higher policies, meaning the company will fight even harder to prevent paying you.
- Allegations of YOUR Negligence: California follows the rule of contributory negligence, which could impact your compensation. The law operates to reduce your monetary damages if you were also careless in driving, based upon the percentage of fault attributed to your actions.
Our Ontario small commercial truck accident attorneys develop strategies around these complexities, as we work to ensure you receive top compensation for
- Medical costs and expenses related to treatment;
- Lost income;
- Pain and suffering;
- Emotional distress; and
- Diminished quality of life.
Our Ontario Small Commercial Truck Accident Lawyers Will Fight for You
The complications involved with CMV crashes are substantial, but you can trust Caruso Law Offices, P.C. to overcome challenges. For more information on your rights, please call (909) 937-4480 or reach out online to speak with an Ontario small commercial truck attorney. Whether you choose to consult with us by phone or in person at our Ontario office, the consultation is always free.
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I want to thank the Caruso Law Firm and all their kind, courteous staff! I couldn’t be more pleased with their service. I really appreciate all you have done to help my case.
C. Saller
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