Costa Mesa Truck Accident Lawyer — The Law Offices of Daniel Kim

Were You Seriously Injured in a Truck Accident in Costa Mesa?

Semi-trucks, including 18-wheelers and big rigs, can cause substantial damage and serious injuries in an accident. Orange County roads are congested on a daily basis, making it difficult to avoid driving near large trucks. If you were injured in a truck accident caused by someone else’s negligence, don’t hesitate to consult with an experienced truck accident attorney in Costa Mesa.

Insurance companies will do anything to avoid paying out a truck accident claim. At The Law Offices of Daniel Kim, we know how to deal with each insurance company and the deceptive tactics they use against injured victims. We will fight to protect your legal rights and help you obtain fair compensation for your losses.

No Win. No Fee. Guaranteed.

Our Costa Mesa personal injury lawyer, Daniel Kim, works on a contingency fee basis. This means you don’t have to pay any legal fees until we win your case. If we don’t win, you won’t pay anything for our legal services. Schedule a free consultation today to learn more about your legal options.

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Why Hire Daniel Kim as Your Costa Mesa Truck Accident Lawyer?

Award-winning Orange County truck accident lawyer, Daniel Kim, believes that no one deserves to experience the impacts of a truck accident. If you are dealing with severe injuries from a trucking accident, we strongly recommend you contact our top-rated Costa Mesa personal injury lawyer.

Daniel Kim has been recognized by many prestigious legal organizations, including the National Trial Lawyers Association, the American Institute of Personal Injury Attorneys, and the National Association of Distinguished Counsel (NADC).

With offices located across Southern California, The Law Offices of Daniel Kim are fully prepared to handle your truck accident claims. We will fight tirelessly to help you obtain justice and hold the accountable parties liable. Our Costa Mesa personal injury attorney has recovered over $250 million in settlements and verdicts for our clients. We have a proven track record of recovering the maximum compensation. Schedule a free consultation to learn more about your legal options.

How Can a Truck Accident Lawyer Help Me?

Commercial truck accident cases are more complex because they typically involve multiple parties including the truck drivers, trucking companies, insurance companies, and other motorists. Insurance companies want to protect their bottom line and will try to avoid paying out high settlements. The insurer has its own team of lawyers, investigators, and claim adjusters. Insurance adjusters are well-trained to find reasons to justify a low settlement or deny your personal injury claim entirely.

Our Costa Mesa truck accident lawyer has extensive knowledge and experience handling truck accident cases. We know how to deal with each insurance company and the misleading tactics they use against truck accident victims. The Law Offices of Daniel Kim have the resources and expertise to take on any opponent. We will fight to recover the compensation you are entitled to in a timely manner. Our experienced truck accident lawyer will represent you in court, if necessary to recover the maximum compensation available.

After a truck crash, it’s crucial to secure legal representation as soon as possible. In California, the statute of limitations to file a personal injury claim is 2 years from the date of injury. However, there can be exceptions to this rule depending on the circumstances of the case. Therefore, it’s best to consult with an attorney to ensure you file your truck accident claim within the allotted timeframe.

What Damages Can I Recover After a Truck Accident?

Economic damages, non-economic damages, and punitive damages are different types of damages that can be recovered in a truck accident lawsuit.

Economic damages are monetary losses or out-of-pocket costs incurred as a result of the accident. These types of damages are usually easy to quantify and may include:

• Medical bills
• Lost wages
• Physical therapy costs
• Ongoing medical expenses
• Property damage

Non-economic damages are more subjective and they don’t have an exact financial value. Since these losses are not easy to measure, it’s essential to have an experienced trucking accident lawyer who can help you calculate the true value of your claim. These kinds of damages can include:

• Pain and suffering
• Loss of consortium
• Disfigurement
• Emotional distress
• Loss of enjoyment of life

Punitive damages may be awarded to the plaintiff in order to punish the defendant for his or her especially harmful actions. Punitive damages are typically determined at the court’s discretion and are based on the severity of the defendant’s actions and financial resources.

How Much Does It Cost to Hire a Truck Accident Lawyer?

The cost of hiring a truck accident lawyer in Costa Mesa can vary depending on the complexity of the case and the attorney’s fee structure. Most personal injury attorneys work on a contingency fee basis, meaning that they only get paid if they obtain a verdict or settlement.

Generally, contingency fees range from 33% to 40% of the total settlement. Some attorneys may charge an hourly fee for their services. It’s important to consider that your case may require more hours than the attorney initially anticipated. Fee agreements must be in writing when the costs and fees are estimated to be $1,000 or more. However, most injured victims can hire a truck accident attorney in Orange County without any out-of-pocket costs. Additionally, most personal injury law firms offer free initial consultations for potential clients. At the Law Offices of Daniel Kim, we offer a free no-obligation case evaluation.

What Are Common Causes of Truck Accidents?

Accidents involving semi-trucks can result in severe injuries and damage as a result of the sheer size and weight of these trucks. Trucks can weigh 20 to 30 times heavier than passenger cars. Some of the common causes for semi-truck accidents in Costa Mesa are listed below:

• Trailers carrying too much weight (overloaded)
• Trucking company negligence
• Truck driver error
• Speeding
• Tailgating
• Driving under the influence of drugs or alcohol
• Driver fatigue
• Distracted driving
• Poor weather and road conditions
• Poorly maintained trucks and related equipment
• Unsecured or unsafe loads

The lack of proper maintenance of large trucks is often a contributing factor in catastrophic truck accidents. Consequently, there are specific regulations in California that deal with the size and weight limits of trucks and the cargo they ship. Additionally, California law establishes hourly driving limits, because truckers operate their vehicles over long distances and may have unrealistic delivery deadlines imposed on them.

Who Is Liable in a Truck Accident?

In California, the tort law of comparative negligence allows victims can pursue financial compensation from all the parties who caused the accident. There may be multiple parties that contributed to the accident and are liable to pay out damages. In a personal injury case, the plaintiff needs to prove the following elements in order to pursue compensation:

• The defendant owed a duty of care to the plaintiff.
• The defendant breached the duty of care.
• The defendant’s actions were a direct cause or substantial factor in the accident.
• The plaintiff suffered damages as a result of the accident.

Parties that may be liable for a Costa Mesa trucking accident include the following:

• Truck drivers
• Trucking companies
• Truck manufacturers
• Truck owners
• Cargo loaders 
• Truck maintenance companies
• Other motor vehicle drivers

An experienced personal injury lawyer can help you prove negligence and hold all the liable parties accountable for the damages they caused due to their negligent or harmful actions.

What to Do After a Truck Accident

The actions you take after a trucking accident can have a significant impact on your personal injury case. Here are the following steps victims should take after a trucking accident:

1. Get to Safety

If you are able to move your vehicle, pull over to a well-lit area and ensure you are not in the path of upcoming traffic. Check on yourself and others for injuries.

2. Seek Medical Attention

Even if your injuries seem minor, seek medical attention immediately. An adrenaline rush can partially or completely mask pain temporarily. Injuries can worsen over time, especially without prompt medical treatment. It’s important to get checked out by a medical professional and collect medical records of your truck crash injuries.

3. Call 911 and Obtain a Police Report

Call 911 and report the accident to the police. The police will create a report of the accident, which is a valuable piece of evidence to keep for your claim. Police reports have information like the officer’s findings on how the accident may have happened, the drivers’ statements, and if there were any traffic citations.

4. Exchange Information

Ensure you get the following information from all of the parties involved:

• Full name
• Phone number
• Address
• Insurance policy number
• Insurance company
• License plate number
• Driver’s license

5. Gather Evidence

If possible, take pictures and videos of skid marks, broken glass, debris, property damage, and any injuries sustained. In addition, get the contact information of any witnesses who saw the accident and ask if they are willing to provide a statement. A lawyer can help you collect the CCTV footage if it’s available.

6. Notify Your Insurance Company

Contact your insurer and report the accident. However, do not give a written or recorded statement or discuss the details of the accident or the extent of your injuries with the insurance companies. Be cautious of the information you give and first consult with a truck accident lawyer.

7. Don’t Speak to the Other Party’s Insurance Company

Avoid speaking to the other party’s insurer but consult with a truck crash lawyer first. Insurance adjusters may try to elicit certain responses from you to try to assign you a share of the fault. Your words may be taken out of context and can be used against you in court.

8. Contact a Truck Accident Lawyer

Consult with a Costa Mesa truck crash attorney as soon as possible. Experienced truck accident lawyers can help you navigate the complicated claims process and ensure that your legal rights are protected.

Common Truck Accident Injuries

Victims of large truck crashes often experience catastrophic injuries such as traumatic brain injuries and even death. If you are involved in an accident with a commercial truck, be sure to get medical care immediately. Here are common injuries sustained in truck accidents:

• Broken Bones
• Head Injuries
• Spinal Cord
• Knee Injuries
• Lacerations
• Amputation
• Shoulder Injuries
• Internal Injuries
• Back and Neck Injuries
• Wrongful Death

The Law Offices of Daniel Kim represents injured victims throughout California with injuries sustained in trucking accidents. If you were injured in an accident with a semi-truck or an 18-wheeler, don’t hesitate to call our law office at (714) 790-3519.

Costa Mesa Truck Accident Statistics

There were 4,842 large trucks involved in fatal truck crashes in 2020. That year, large trucks accounted for 9% of all motor vehicles involved in fatal traffic accidents. In 2020, there were 12,798 victims killed and injured in Orange County auto accidents. Costa Mesa alone accounted for 529 of these traffic fatalities and injuries.

Dangerous Roads and Intersections

Intersections in Costa Mesa that meet the 55 freeway, 405 freeway, Gisler Avenue, Harbor Boulevard, and Newport Boulevard are especially dangerous, particularly in the more commercial regions of the city. Some of the most dangerous intersections in Costa Mesa, CA include:

• Harbor Boulevard at Gisler Avenue
• Victoria Street at Pomona Avenue
• Newport Boulevard at Fair Drive
• Newport Boulevard at Del Mar Avenue
• South Coast Drive at Harbor Boulevard
• Adams Avenue at Harbor Boulevard
• Sunflower Avenue at Harbor Boulevard
• Fairview Road at South Coast Drive

Frequently Asked Questions

Should I speak to the insurance company after a truck accident?

It’s best not to speak to the insurance company without a lawyer on your side. The insurance company is motivated by its bottom line and will try to minimize the settlement that is paid out to the victim. The insurance adjuster may use the victim’s words against them to reduce the value of the claim or to deny the claim completely. Additionally, the injured victim may not fully understand the extent of their injuries or the long-term expenses associated with their recovery.

How long do I have to file a claim after a truck accident?

The statute of limitations to file a personal injury lawsuit in California is typically 2 years from the date the injury was sustained. Therefore, if the victim does not file their claim within the allotted timeframe, they may not be able to pursue legal action. There can be exceptions to this rule, such as when the injury was not discovered until a later time. It’s crucial to contact an experienced attorney who will help you determine the specific deadlines that apply to your case.

What evidence do I need to support my truck accident claim?

To build a substantial claim, you will need to collect evidence like photos of the accident scene, medical records, paystubs, police reports, and eyewitness statements. It’s vital to document any costs related to the trucking accident, such as medical bills and lost income. A truck crash attorney can help you gather and organize this evidence to present a persuasive case.

Can I sue the trucking company after a truck accident?

Yes, you may be able to sue the trucking company if their negligence or misconduct was a substantial factor in the truck crash. This can include things like poor truck maintenance, overloading the vehicle, or hiring an unfit driver. Proving fault in a truck accident can be complicated, so it’s essential to consult an experienced truck accident lawyer who can help you navigate the claims process.

What if the truck driver was not an employee of the trucking company?

The trucking company may still be held liable whether the driver is an independent contractor or an employee. This can depend on factors such as the trucker’s driving history and if the trucker has an appropriate driver’s license. Federal and state laws hold commercial truck companies to a high standard. These companies must be diligent in performing background checks and screening their drivers. If a trucking company engaged in misconduct or was negligent, it can be held liable.

How long does a truck accident lawsuit take to resolve?

How long it takes to resolve a trucking accident lawsuit can vary and depends on factors including the extent of the damages, the complexity of the case, and whether the claim goes to court. In some cases, a settlement may be reached quickly, while others may take months or even years to resolve. A Costa Mesa truck accident lawyer can give you a better idea of a potential timeline based on the specifics of your situation.

Can I file a claim if the truck had a mechanical failure?

If you were in an accident with a truck that had a mechanical failure, you may be able to pursue damages in a claim. The trucking company or the manufacturer of the defective truck part may be liable for the injuries and damages sustained in the crash. Some examples of mechanical failure can include blown-out tires, faulty brakes, or issues with the transmission.

Will my truck accident case go to trial?

Whether or not your truck accident case will go to trial depends on different factors, including the evidence presented, if the parties are willing to negotiate, and the amount of compensation being pursued. The majority of personal injury cases do not go to trial. However, if a settlement cannot be reached, it’s best to have an experienced trial lawyer on your side.

What should I do if the insurance company denies my truck accident claim?

If the insurance company denies your claim, you still have options for pursuing compensation. You can appeal the decision, negotiate with the insurance company, or file a lawsuit. However, it’s essential to work with an Orange County truck accident lawyer who will protect your legal rights and guide you throughout your entire claim.

Schedule Your Free Consultation Today

At The Law Offices of Daniel Kim, we are dedicated to helping personal injury victims obtain justice and hold the responsible parties liable for their losses. Our trucking accident attorney in Costa Mesa specializes in cases pertaining to motor vehicle accidents and has a proven track record of recovering the maximum compensation.

Daniel Kim has obtained over $250 million in verdicts and settlements for his clients. We offer confidential, free initial consultations and are available 24/7 to assist you with your case. Call us today to schedule a free case evaluation.

We also serve these Orange County cities from our Costa Mesa office: Newport Beach, Huntington Beach, Santa Ana, Irvine, Tustin, Orange, Anaheim, Garden Grove, Westminster, Fountain Valley, Long Beach, Seal Beach, Laguna Beach, Aliso Viejo, Laguna Hills, Laguna Niguel, Mission Viejo, San Juan Capistrano, Lake Forest, Dana Point, San Clemente, Fullerton, Buena Park, La Habra, Yorba Linda, and more.

Driving Directions to Our Costa Mesa Office

The Law Offices of Daniel Kim | Orange County Accident Attorneys
Address: 611 Anton Boulevard, Suite #1000, Costa Mesa, CA 92626
Phone: (714) 790-3519
 
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