Semi-truck and commercial vehicle collisions can be devastating, causing severe injuries, fatalities, and high financial losses. The Bakersfield truck accident lawyers at Wilshire Law Firm can help you pursue the justice and compensation you and your loved ones deserve. Contact our accomplished team of personal injury attorneys in Bakersfield, CA for a free case review. We’ve collected over $1 billion for our injured clients.
Bakersfield Truck Accident Guide
How Our Truck Accident Lawyers in Bakersfield, CA Fight for You
Truck accidents can cause significant injuries and fatalities. When this happens, an injured person or the deceased’s family may feel alone and scared. Our skilled and compassionate team of Bakersfield truck accident lawyers at Wilshire Law Firm can help in many ways.
Our attorneys believe you have the right to receive compensation for the financial cost of the accident. Damages include lost wages, medical care, and pain and suffering. Our experienced litigators helped clients win over $1 billion in damages in the past, and they will work hard to help you win a life-changing award.
Our award-winning lawyers will aim to resolve your case successfully. From the negotiation table to the courtroom, we will work to obtain justice and make you whole again in the eyes of the law.
How We Investigate a Bakersfield Truck Crash
For a personal injury case to proceed, the evidence must prove liability. For this reason, the investigators from Wilshire Law Firm may take the following actions when needed after a significant truck crash:
Examine the accident scene: Our investigators often scour the scene for clues about why the crash occurred. They take photos of the damage to guardrails or other infrastructure and overgrown foliage that obscures signage. They also photograph vehicles at the accident site, noting damage and location.
Witness accounts: Wilshire Law Firm’s investigators aim to talk to anyone who saw the truck accident. This interview includes dialog with other passengers, those in other vehicles, and pedestrians. It is critical since witnesses can provide information on how the crash happened and the events leading up to the accident.
Review the police report: A police officer will file an accident report if they visit the site. Their crash description could include an overview of how it happened and the vehicles involved. It may also describe the vehicle’s trajectory with drawings. Police also list citations issued at the accident site.
Reconstruction techniques: A reconstructionist can detect liability by examining the vehicles in the crash and detailing their position before, during, and after the accident.
Video surveillance: Cameras on traffic lights, business and residential units, and dash cams may record the Bakersfield truck accident. If the video owner refuses to hand it over, our attorneys can subpoena it. Some bystanders also film the accident on their cell phones.
Cellphone examination: Since using handheld cell phones is forbidden while driving in California due to its involvement with distracted motoring, the investigators look at both drivers’ units to see if they were in use before or during the crash. They can track when the driver was on the phone and its relation to the impact.
Document road and weather conditions: Both are essential factors in accidents, and the police and investigators will determine whether they contributed to the crash. Wilshire Law Firm investigators may also document and take photos of potholes, poor road maintenance, and obscured signs.
Note injuries and vehicle damage: The investigations will describe the injuries and vehicle damage. The severity of an injury and its link to the accident is essential evidence.
Acquire experts: An expert can provide detailed information about the client’s injuries and prognosis. This advice is beneficial when calculating the damages in a lawsuit.
Pursuing Compensation with a Bakersfield Commercial Truck Accident Attorney
A Bakersfield big rig crash frequently causes severe monetary difficulties for the injured parties and their families. You may be eligible to receive the following compensation if negligence occurred:
Medical expenses: Medical care such as emergency room visits, physician fees, hospital costs, diagnostic tests, and surgery are recoverable. It is also possible to recover the cost of physical therapy. Medication prescribed in the hospital is claimable.
Post-hospital costs: Medical care continues for many people after leaving the hospital. This care includes staying at a rehabilitation facility, at-home nursing, assistive devices such as wheelchairs, and home reconstruction to provide ramps and other disability features.
Out-of-pocket expenses include traveling to a physician’s office for treatment due to accident injuries or to an X-ray facility or diagnostic center. The cost of medication outside of the hospital is reimbursable.
Wage loss: If your injuries temporarily interrupt your ability to work, you may receive the wages you usually receive, plus bonuses and commissions. Alternatively, if your ability to work at the same job is impossible, you might qualify to obtain the lost earnings you typically receive until retirement.
Future earning capacity: This is different from losing future earnings. In this case, the injured party loses their ability to enhance their present earnings as they move up within their profession. For instance, someone in the sales industry might start as a salesperson. It is reasonable to think they could move to a managerial position in time. The earnings of a person working as a manager would exceed those of a salesperson. An injury that precludes working would rob the person of the wages they would receive as a manager. In addition, future earning capacity is still calculable for someone who takes off work to care for their child with the intent of returning within a year.
Property damage: In some instances, your vehicle’s damages go unpaid. Our Bakersfield truck accident lawyers will work to recover fair compensation for this loss.
Pain and suffering: This includes the continuing pain and suffering the person experiences after the accident. This damage calculation is different for everyone, and the final amount coincides with the accident’s intensity and the extent of injuries. Our Bakersfield truck accident attorneys will work to ensure that the damages are accurate.
Emotional distress: Anxiety and post-traumatic stress disorder (PTSD) comprise this category. Our attorneys will calculate the damage you suffer due to these factors.
Loss of consortium: A spouse may file a claim for the loss of love, intimacy, and companionship they may have lost due to the accident.
Loss of enjoyment: Many people cannot participate in events or hobbies they once enjoyed. This loss can be part of the lawsuit damages.
Punitive damages: This is a particular type of damage category. Rather than compensating you for your loss, it punishes the wrongdoer. Our truck accident attorneys pursue this type of damage if the cause of the accident is especially egregious.
Who Is at Fault in a Bakersfield Truck Accident?
Determining liability in a truck accident is often complicated. In addition, California uses comparative negligence in determining fault.[1] This law allows the court to decide the percentage of fault when several people are liable.
For instance, the trucker may be speeding, but a passenger vehicle may cut in front of the trucker. In this case, both are responsible. The court may decide the passenger vehicle driver was 20 percent responsible. Even though the passenger vehicle’s driver is partly responsible, they will still receive compensation for the trucker’s negligence. They will receive 80 percent of the compensation they deserve.
The following parties can be liable for a trucking accident:
- The trucker
- The trucking company
- The manufacturer of the truck, if a defect caused the crash
- Government agencies if lack of road maintenance and other issues were a reason for the incident
- The truck loader if lack of cargo balance made the truck unstable and led to the accident
- Additional drivers on the road
Common Causes of Truck Accidents in Bakersfield</h2>
There are numerous contributors to collisions involving big rigs and large commercial vehicles. Some of the most common are:
- Driver fatigue: Truck drivers spend long hours on the road without stopping. Although mandated rest periods exist, some truckers break this rule to get their goods to market sooner.
- Alcohol or drug use: Some truckers may use over-the-counter or prescribed medications to relieve pain or to stay awake. Alcohol use is less common.
- Reckless driving: Some truckers are known to speed or display aggressive behavior on the road.
- Distracted driving: Truckers may eat or talk on a cell phone while driving due to long hours on the road. This behavior takes their focus off the road, leading to accidents.
- Equipment failure: If truck maintenance is lacking, brake failure or tire blowouts can cause an accident.
- Third-party mistakes: Driving the vehicle can be risky if cargo loaders or mechanics do an inadequate job. For example, if the cargo remains unsecured and shifts because of this, it is possible for the truck to become unbalanced and rollover.
- Inexperienced truckers: A crash may be more likely if the trucking company fails to hire or train experienced truckers.
- Poorly maintained roads: When foliage blocks signage or the road is not in good condition, the likelihood of a crash is higher. In such cases, the injured party can file a claim against the city or government agency in charge. The deadline to file in this case differs from other personal injury cases, and your Bakersfield truck accident lawyers will ensure that all documents are on time.
- Company policies: Truckers may take chances when the trucking company puts fast delivery over truck safety.
How Long Do You Have to File a Lawsuit in Bakersfield
In California, a plaintiff generally has two years to file a personal injury claim or a wrongful death lawsuit. However, if the case is against the city or a government agency, the time to file an administrative claim is shortened to six months. [2]
If the city/government agency, which has 45 days to answer your complaint, agrees with the claim, it is settled. If not, the injured party has six months to file a lawsuit. If the city/government agency does not answer your claim, you will have two years to file from the day of the incident.
Injuries in a Bakersfield Truck Accident
Some of the most common injuries are:
- TBI: The symptoms of a traumatic brain injury are severe and life-threatening. TBIs can have significant effects on the ability of the person to work. It is common for those with the most severe forms of TBI to stay in the hospital for extended periods and to need physical rehabilitation.
- Spinal cord injuries: Paralysis and a lack of ability to care for yourself are problems caused by spinal cord injuries. Typically, paralysis from the neck down occurs when the damage occurs in the cervical (neck) area. Spinal cord injuries may impair a person’s ability to work.
- Trauma to the face: This includes lacerations, dentition damage and facial fractures. Since insurance companies will not cover facial plastic surgery, a claim for restorative surgery is often necessary. Insurance also limits dental replacement.
Wrongful Death Cases Involving Truck Accidents in Bakersfield
- Due to their size and weight, big rig accidents carry a high death risk. The deceased’s family could file a wrongful death lawsuit if the trucker or trucking company were negligent. The family may need to receive this benefit after the death of a loved one so that they can get by financially. Some recoverable damages are:
- The cost of funerals and burials
- A person’s wages until retirement, if they lived
- Benefits received from insurance and pensions the decedent might have received
- Costs associated with hiring someone to fulfill household duties done by the deceased
- The loss of child nurturing by the deceased
- Loss of consortium, which is a spouse’s loss of intimacy, love and support due to the death
- The loss of an inheritance
If you’ve lost a loved one, our hearts go out to you. Call us 24/7 to speak with a compassionate and skilled attorney who can walk you through our free, confidential case review.
Free Case Review with a Reliable Truck Accident Law Firm in Bakersfield, CA
If you or a loved one suffered injury in a truck accident, we can help. Wilshire Law Firm collected over $1 billion for our clients due to our work.
Regardless of your legal issue, we have the experience, resources, and knowledge to handle it. Our primary concern is assisting our clients’ recovery physically, mentally, and financially after a catastrophic accident.
Get a free case review by calling (800) 501-3011. Please ask your Bakersfield truck accident lawyer any questions to better understand your options. Our online contact form is also available for your convenience. There are no fees unless you win.
Wilshire Law Firm Bakersfield
1430 Truxton Avenue
Bakersfield, CA 93301
Tel: (661) 855-4099
Open Mon – Sun
Available 24 Hours
by Appointment Only
