Experienced Truck Accident Lawyer
What Is A Personal Injury Lawsuit?
In broad terms, an injured person can file a claim against the party who allegedly caused the injury through negligence. The lawsuit allows you to seek compensation, such as lost wages, medical bills/medical costs from medical treatment, and other pain and suffering costs.
If you believe your truck accident claim case is worth more than the insurance company offers, and the company’s representative indicates it’s unlikely the offer will increase during injury settlement negotiations, then you must take advantage of Hoybjerg Law’s free initial consultation.
California’s personal injury statute of limitations is two years, meaning if you or your loved one continues to suffer from injuries sustained during an accident, you can file a lawsuit.
Do not cash a check or sign paperwork if you’ve been in a truck crash without legal guidance. Doing so may limit your ability to seek legal recourse.
Our personal injury attorney, Paul Hoybjerg, can help you determine your lawsuit’s scope and options when you meet with him.
Hoybjerg’s Law Firm Process
Our law firm offers experienced truck accident, car accident, and semi-truck accident lawyers representing claims with common injuries, severe injuries, or wrongful death. If you have a commercial truck accident case, make sure you hire a trucking accident lawyer.
While each lawsuit differs, Hoybjerg Law follows a proven legal process to achieve results.
Free Initial Consultation
The aftermath of an accident can be disorienting, with insurance companies rushing you to settle, especially if you or a loved one suffered a severe injury. Our free consultation will allow you to get to know our law firm. We’ll listen to your concerns and answer your questions. Our philosophy is that if we don’t win, you don’t pay, which is reflected in our free consultation.
Investigate The Accident
We obtain the police report about your accident, examine photos and videos from the accident scene and speak to relevant witnesses. When we have established liability, we begin to build your personal injury claim. A truck accident case may involve a truck accident attorney reviewing the black box to determine liability.
Build Your Claim
We want you to receive the care you need to live your life as close to how you did before your accident. When there is nothing more doctors can do, we help you gather your medical records, medical bills, and other medical expenses incurred. It’s important to seek out Hoybjerg Law as early as possible so that you receive treatment and build your claim before the two-year statute of limitations to file a personal injury lawsuit.
Negotiate A Settlement
We will send out a demand package – a collection of all the medical bills, future medical expenses, and documents that illustrate your injuries, wage loss, etc., since the accident – to the at-fault party’s insurance company. Paul Hoybjerg and his team will negotiate in your best interest to ensure you receive a fair offer.
Litigate Your Case
While we hope to settle, there are times when your claim must go to court. Our team will aggressively represent you and pursue an outcome in your best interest.
Testimonials
Frequently Asked Questions About Truck Accidents
The No-Zone refers to the blind spots around a commercial truck where other vehicles can be difficult or impossible for the truck driver to see. These blind spots are larger and more numerous in a commercial vehicle than in a typical passenger vehicle. They can make driving dangerous to travel alongside or directly behind a truck.
The No-Zone typically includes the areas directly behind the truck and the areas directly to the left and right of the truck’s cab. Trucks also have large blind spots in the front, particularly when making turns or driving downhill.
Commercial truck drivers are trained to check their blind spots frequently and to use mirrors and other safety equipment to minimize the risks of accidents caused by the No-Zone.
If the trucking company denies liability for the accident, you may need to take legal action to recover compensation for your injuries and damages. In such a situation, you should consider hiring a personal injury attorney with experience handling serious trucking accidents and accident cases, like Paul Hoybjerg at Hoybjerg Law.
We will investigate the accident, gather evidence, and build a strong case on your behalf. This may include obtaining witness statements, reviewing police reports, and analyzing data from the truck’s black box.
A truck’s black box, also known as an Electronic Control Module (ECM) or Event Data Recorder (EDR), is a device that records various data about the truck’s performance and operation. The data captured by the black box can provide important information about the truck’s speed, braking, acceleration, and other factors that may have contributed to an accident.
In the event of a truck accident, the data from the black box can be analyzed to help determine what happened and who may be responsible. This can be particularly important in cases where there are disputes about the cause of the truck crash, accident claims, or who may be liable.
If we can prove that the trucking company was negligent or responsible for the trucking accident in some way, you may be able to recover damages such as medical expenses, lost wages, pain and suffering, and other losses.
It’s important to note that the trucking industry and companies typically have legal teams and insurance providers to defend them against liability claims. Therefore, in truck accident cases, it’s crucial to have an experienced attorney who can advocate for your rights and protect your interests throughout the legal process.
If the truck driver involved in the accident is an independent contractor, the situation may be more complex than with semi-truck drivers employed by trucking companies. In general, a trucking company can be held liable for the actions of a truck driver if the commercial truck driver acted within the scope of their employment at the time of the accident.
If the truck driver is an independent contractor, the trucking company may not be directly liable for the accident. Instead, the driver may be held responsible for their actions, and any liability may be limited to their own insurance coverage.
That being said, it’s still possible that the trucking company could be held liable for the trucking accident in certain situations. For example, if the trucking company fails to properly vet the independent contractor and hire a qualified and safe driver, they may be held liable for auto accidents from negligent hiring. Similarly, if the trucking company fails to properly maintain the truck, it may be held liable for any accidents caused by mechanical failures.
Overall, the liability in an accident involving an independent contractor can be complex and will depend on the specific circumstances of the case. It’s important to consult with an experienced personal injury attorney who can help evaluate your options and pursue the compensation you deserve.
If a truck was overloaded or improperly loaded and caused an accident, multiple parties may be liable for the resulting damages. Here are some potential scenarios:
- Truck driver is responsible: The truck driver may be held liable if they were responsible for loading the cargo themselves or for checking the weight and distribution of the cargo before starting their trip.
- Trucking company is responsible: If the trucking company failed to properly train their employees on loading procedures, or if they pressured the driver to overload the truck to save time or money, they may be held liable for the accident.
- Loading company is responsible: If a separate company was responsible for loading the cargo onto the truck, they might be held liable if they overloaded the truck or loaded the cargo in an improper way that contributed to the accident.
- Manufacturer or supplier is responsible: If the cargo itself was defective or unstable and caused the accident, the manufacturer or supplier of the cargo may be held liable.
In any case, if the truck was overloaded or improperly loaded and caused an accident, the truck accident victims may be entitled to compensation for their injuries and damages. It’s important to consult with an experienced personal injury lawyer who can help evaluate the evidence and determine who may be liable for the accident.
Types of Truck Accidents
Rear-End Collisions
Occur when a truck crashes into the back of another vehicle, often due to tailgating, distracted driving, or sudden stops.
Jackknife Accidents
When the truck’s trailer swings out to form an angle with the cab, often caused by sudden braking or slippery road conditions.
Rollover Accidents
When a truck overturns, usually due to high-speed turns, uneven weight distribution, or road conditions.
T-Bone or Side-Impact Accidents
Occur when a truck crashes into the side of another vehicle, often at an intersection, due to failure to yield or running a red light.
Head-On Collisions
When a truck strikes another vehicle directly in front of it, often caused by impaired or distracted driving, or fatigue.
Wide Turn Accidents
Occur when trucks make wide turns and either hit other vehicles or pedestrians, often due to large turning radii.
Underride Accidents
When a smaller vehicle slides under the rear or side of a truck, often caused by insufficient guard rails or improper truck height.
Blind Spot Accidents
Occur when a truck driver fails to see a vehicle in the truck’s large blind spots during lane changes or turns.
Tire Blowout Accidents
Result from a truck tire bursting, causing the driver to lose control and potentially crash into other vehicles or objects.
Freight or Cargo Spills
Occur when cargo becomes improperly secured and spills, causing accidents or blocking lanes.
Wide Load or Overweight Load Accidents
Trucks carrying oversized or improperly balanced loads can lose stability or have difficulty navigating certain roads, causing accidents.
Truck Driver Fatigue or Drowsiness Accidents
When drivers fall asleep or become impaired due to long hours without rest, often leading to severe accidents.
Tire Blowout Accidents
When a tire bursts unexpectedly, causing a truck to lose control, often leading to crashes or rollovers.
Brake Failure Accidents
Occur when a truck’s braking system malfunctions, typically due to improper maintenance or worn-out parts.
Load Shifting Accidents
When a truck’s load shifts during transit, affecting the stability of the vehicle and causing the driver to lose control.
Weather-Related Accidents
Truck accidents caused by poor visibility or slippery road conditions, such as rain, snow, or ice, leading to loss of control.
Truck Maintenance Failure
Result from improper maintenance, such as failing to inspect or repair brakes, tires, or lights, leading to accidents.
Common Causes of Truck Accidents
Long hours on the road without adequate rest can lead to drowsiness, reduced reaction times, and impaired decision-making.
Truck drivers may be distracted by texting, phone calls, GPS devices, or other in-cab distractions, leading to a lack of attention on the road.
Driving above the speed limit or too fast for road conditions can reduce a driver’s ability to stop in time and increase the severity of crashes.
Truck drivers operating under the influence of alcohol, drugs, or medications can experience impaired judgment, coordination, and reaction times.
Mechanical failures, such as faulty brakes, tire blowouts, or malfunctioning lights, are often the result of inadequate or deferred maintenance.
Trucks carrying too much weight or improperly distributed loads can become unstable, causing difficulty with braking, steering, or even rollovers.
Truck drivers may fail to yield at intersections or make unsafe lane changes, leading to accidents with smaller vehicles.
Trucks have larger blind spots compared to smaller vehicles, and failure to check these areas before changing lanes or turning can result in accidents.
Drivers who tailgate, make unsafe lane changes, or engage in other aggressive behaviors can contribute to collisions.
Poor visibility or slippery roads from rain, snow, fog, or ice can make it difficult for truck drivers to maintain control and stop in time.
Drivers who are new to handling large trucks or have not received proper training may struggle to operate the vehicle safely, especially in difficult conditions.
Potholes, construction zones, or uneven surfaces can cause a truck driver to lose control or suffer a mechanical failure.
Lack of routine inspections or delayed repairs can lead to failure of critical vehicle components, such as brakes, tires, or the engine.
Failure to comply with laws regulating working hours, vehicle inspections, and driver qualifications can contribute to accidents.
The improper use of truck equipment, like failing to use secure load straps or improper hitching of trailers, can result in accidents due to shifting cargo or loss of control.
Ice, snow, rain, and fog can drastically reduce visibility and road traction, increasing the likelihood of a truck accident.
Poorly attached trailers or improperly functioning coupling devices can lead to detachment or instability, resulting in collisions.
Common Truck Accident Injuries
Concussions: Mild brain injuries from sudden jolts or impacts.
Contusions: Bruising of brain tissue due to violent collisions.
Skull Fractures: Cracks or breaks in the skull, often resulting in severe head injuries.
Paralysis: Partial or full loss of movement in parts of the body, such as paraplegia or quadriplegia, often caused by spinal cord damage.
Herniated Discs: A ruptured disc in the spine causing nerve pain, weakness, or numbness.
Whiplash: Neck injuries from sudden jerking of the head, typically in rear-end truck accidents.
Fractures: Common in arms, legs, ribs, and hips from the force of impact.
Compound Fractures: Severe fractures where bone breaks through the skin, often requiring surgery.
Pelvic Fractures: Common in truck accidents, leading to complications and prolonged recovery.
Organ Damage: Injuries to vital organs like the liver, kidneys, lungs, or spleen due to blunt force trauma.
Internal Bleeding: Dangerous bleeding inside the body, often requiring emergency surgery.
Pneumothorax (Collapsed Lung): Injury to the lungs, often from broken ribs, leading to difficulty breathing.
Rib Fractures: Common from the impact of a collision or the seatbelt during a crash.
Pulmonary Contusions: Bruising of the lung tissue, causing breathing problems.
Abdominal Trauma: Damage to internal organs in the abdomen from a direct blow or collision.
Amputations: Loss of limbs due to the severity of the crash or by being trapped in the wreckage.
Crush Injuries: Severe damage to limbs, leading to the need for amputation or long-term rehabilitation.
Fractured Limbs: Broken bones in arms, legs, or feet from the collision.
Sprains and Strains: Overstretched muscles or ligaments, especially in the neck, back, or legs.
Contusions: Deep bruises from blunt force trauma.
Tendinitis: Inflammation of the tendons due to overstretching or impact.
Post-Traumatic Stress Disorder (PTSD): Emotional and psychological trauma following a serious accident.
Anxiety and Depression: Common mental health issues resulting from the aftermath of a truck accident.
Emotional Distress: Mental suffering caused by severe injuries or witnessing a traumatic event.
Fractured Jaw or Cheekbones: Common in truck accidents, often requiring reconstructive surgery.
Dental Injuries: Broken or knocked-out teeth due to the impact.
Lacerations: Cuts to the face and scalp, potentially leading to permanent scarring.
Thermal Burns: Caused by fire or hot surfaces in the aftermath of a truck crash or explosion.
Chemical Burns: Resulting from hazardous materials in truck accidents, especially in chemical or fuel spills.
