Orange County Truck Accident Attorney

Experienced Truck Accident Attorneys Serving Orange County, California

Commercial trucking accident cases are a specialized area of automobile crash litigation in which Aitken * Aitken * Cohn has significant expertise, including trial experience. Adequate representation of a plaintiff injured in a trucking accident requires a thorough understanding of commercial vehicles and their safe operation on the road. In Orange County, the number of accident injuries and fatalities has been increasing, rising from 336 and five, respectively, to 339 and 13 over a recent three-year period. Contact our Orange County truck accident attorney today to learn how we can assist you in pursuing essential legal action following a collision.

Why Should I Hire An Orange County Truck Accident Attorney?

Dealing with accidents involving trucks requires a strong understanding of the law, including state laws that impact the roadways; laws protecting drivers, passengers, and pedestrians; and the court system. At Aitken * Aitken * Cohn, we have extensive personal injury experience in the field of litigation that applies to individuals. Our Orange County personal injury attorneys are committed to providing the highest quality of representation to those injured by commercial vehicles. Consider how our past results have helped shape our success and allowed our clients to pursue a better quality of life in spite of their injuries.

While past case results do not ensure success in every instance, at Aitken * Aitken * Cohn, we leverage our extensive experience in handling your truck crash lawsuit. By partnering with us, you will have a dedicated team of seasoned attorneys ready to advocate for you, enhancing the likelihood that you will receive the compensation necessary to cover your expenses and support you as you move forward with your life.

Our Success in Truck Accident Cases

At Aitken Aitken Cohn, our Orange County truck accident attorneys have secured over $53 million in settlements and verdicts for victims of commercial truck collisions across California. From catastrophic injuries to wrongful death claims, our team leverages extensive resources, federal and state regulation expertise, and aggressive advocacy to deliver life-changing results. Below are four notable case outcomes that showcase our commitment to justice:

  • $15 Million Settlement: Wrongful Death on I-210, San Bernardino: Representing the daughters of a 48-year-old father killed when a Cal Fire truck rear-ended his vehicle at 70 mph, attorney Richard A. Cohn secured a $15 million settlement. Evidence of the driver’s texting and hands-free phone use proved negligence, covered by the state’s liability. Read more in the San Bernardino Sun.
  • $12 Million Settlement: Tetraplegia from Oregon Truck Collision: Attorneys Wylie A. Aitken and Casey R. Johnson obtained a $12 million settlement in an insurance bad faith case after a commercial truck crash left a 30-year-old woman wheelchair-bound. By pursuing the broker’s insurer after a stipulated judgment, we maximized recovery beyond initial policy limits.
  • $6 Million Settlement: Wrongful Death on 210 Freeway, La Verne: A 35-year-old Irvine small business owner was killed when a semi-truck driver fell asleep, crashing into his parked car. Attorneys Christopher R. Aitken and Richard A. Cohn secured a $6 million settlement ($4.2M for the driver’s estate, $1.8M for the passenger), using expert testimony to prove the trucking company’s liability.
  • $2.5 Million Settlement: Rear-End Collision in San Bernardino: A passenger ejected in a severe rear-end collision by a commercial truck on a San Bernardino highway received a $2.5 million settlement. Attorney Michael A. Penn proved the driver’s excessive speed violated safety standards, ensuring compensation for life-altering injuries.

These results, totaling over $53 million, reflect our firm’s dedication to holding negligent truck drivers, companies, and insurers accountable. Serving Orange County communities like Irvine, Anaheim, and Santa Ana, our attorneys, recognized by Best Lawyers in America and Southern California Super Lawyers, bring unparalleled expertise to every case. Contact us for a free consultation to see how we can fight for you.

Understanding Truck Accident Injuries

Because of their massive size and weight, commercial trucks can cause catastrophic harm in a crash. Victims often face serious, life-altering injuries that require long-term medical care and rehabilitation. Some of the most common include:

  • Neck and Spine Injuries: Whiplash, herniated discs, and spinal cord damage are frequent after severe impacts. These can cause chronic pain, limited mobility, or even paralysis.
  • Head and Brain Trauma: Traumatic brain injuries (TBIs) occur when a victim’s head strikes a hard surface. Symptoms may include memory loss, impaired concentration, or mood and personality changes.
  • Broken Bones and Internal Injuries: The force of a truck crash can easily fracture arms, legs, ribs, or hips and cause internal bleeding or organ damage.
  • Burns, Cuts, and Lacerations: Fires, explosions, or shattered glass can leave victims with painful burns and visible scarring.
  • Soft Tissue Damage: Sprains, bruising, and deep tissue injuries are common even in lower-speed collisions.
  • Emotional Trauma: The psychological toll of a truck accident can be severe. Many survivors experience anxiety, depression, or post-traumatic stress disorder (PTSD).
  • Wrongful Death: Tragically, some truck accidents result in fatalities, leaving families to cope with devastating loss and financial hardship.

Determining Fault In A Truck Accident

orange county truck injury lawyerIdentifying the liable party for your truck accident injuries can significantly affect your life after the incident. Collaborating with an attorney is one of the most effective ways to pinpoint who is responsible for the injuries caused in your truck accident case and to pursue the compensation you deserve.

The truck driver operating the vehicle at the time of the accident: In many truck accident cases, liability seems clear-cut. The truck driver may have caused the accident for various reasons, such as:

  • Failing to adhere to traffic laws, including not yielding the right of way, running red lights, excessive speeding, or unsafe merging.
  • Driving while distracted, such as using a smartphone or other device.
  • Driving under the influence of drugs or alcohol.
  • Driving while drowsy in an attempt to meet deadlines or accumulate sufficient road time.

The automobile manufacturer may be responsible for the accident when a product defect in the truck is discovered to have played a critical role in the truck accident. In some cases, the manufacturer may have known that there was a defect in several vehicles of this make and model, but failed to take appropriate steps to notify drivers. In other cases, the manufacturer may not yet have been aware of the defect.

An auto mechanic who worked on the truck: If the truck recently underwent repairs and the mechanic failed to perform them correctly, this could contribute to an accident. The mechanic may also be held liable if they could have reasonably identified a potential issue with the vehicle during the repair but neglected to address or report it.

The company that employs the truck driver: The trucking company may be held partially liable for the damages caused by the accident. If the company engages in unsafe practices, such as requiring drivers to work excessively long hours or falsifying records to conceal the actual time spent on the road, it may bear responsibility for the accident. Additionally, the company can be held liable if it continues to employ a driver known for issues with drinking and driving or for causing multiple accidents in the past.

The government: Take a look at the area where your accident occurred. Is it poorly maintained? Was there poor visibility that contributed to the circumstances of the accident? If so, the government agency responsible for maintaining that area or for the design that led to poor visibility may be partially liable for the events that led to the accident.

In the case of truck accidents, there can be many different factors that contribute to liability. By working with an experienced trucking attorney, you can significantly increase the odds that you will correctly identify all the factors that were at work in your accident case so that you can ensure that the people responsible for your accident bear the appropriate liability.

What Are Federal Truck Hours Of Service Requirements?

In an effort to combat truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours that commercial truck drivers are allowed to operate within a day and throughout the workweek.

These regulations limit truckers to driving for 11 hours during a 14-hour period. Truckers are responsible for taking a 30-minute rest break after driving for eight consecutive hours. After truck drivers have reached their 11 driving hours for the day, they are required to take 10 hours off before they can resume a new set of daily hours.

The FMCSA also prohibits truckers from being on duty for over 60 hours in a given seven-day period or more than 70 hours in a given eight-day period. After truckers have reached their weekly limit, they are required to take at least 34 hours off before they can resume driving and start a new work week.

Recovering Damages: What Can You Expect?

Recovering damages after your accident may be a top priority, especially if your bills are mounting fast. There are several key types of damages that you can recover under the law:

  • Compensation for past and future pain and suffering. You’ve suffered a great deal of physical and mental anguish as a result of the accident, and compensation can help you move forward with your life.
  • Payment for past and future medical expenses.
  • Lost wage recovery. If you were seriously injured in your truck accident, you may have had to miss work as you were recovering from your injuries. Lost time at work means lost income.
  • Funeral and burial expenses. When a truck accident ends in death, the surviving family members may be able to recover reasonable funeral and burial expenses used to help lay their loved ones to rest.

How Long Do You Have To File A Truck Accident Claim?

Each state sets its own time limits for how long victims have to file personal injury lawsuits against an allegedly negligent truck driver or trucking company. In California, the statute of limitations for personal injury claims is two years from the date of the injury. This means that victims of truck accidents have a two-year window to file their claim, or they risk losing the opportunity to recover any compensation for their losses.

Orange County Truck Accident AttorneysHowever, it is not advisable to wait this long to file a personal injury claim. Insurance carrier deadlines are usually much shorter, often requiring accidents to be reported within days of the incident. Additionally, the longer a truck accident victim waits to file a claim, the more likely it is that critical evidence will disappear. The sooner you file a claim and start working with a truck accident attorney, the better. An attorney can promptly begin securing all necessary evidence to prove liability and strive to obtain maximum compensation on your behalf.

Trucking Companies, Insurance Companies, Mechanics: How Do They Try To Avoid Paying After An Orange County Truck Accident?

In an ideal world, the parties responsible for your truck accident would immediately pay out the funds you’re owed. Unfortunately, they may instead use several common legal strategies to avoid paying. They may attempt to:

  • Shift liability in your truck accident case to you or another potential cause.
  • Offer a settlement lower than you deserve. Many insurance companies will provide a fast settlement offer that simply doesn’t reflect the true amount of the damages you have suffered.

The Serious Impact of Truck Accidents in Southern California

Truck accidents are a serious concern on the roads of Southern California, often leading to devastating consequences for those involved. Given the size and weight of large trucks, including semi-trucks, accidents involving these vehicles can result in significant damage, serious injuries, and even fatalities. For victims, understanding their rights and the legal process involved in pursuing a truck accident claim is crucial.

Navigating the Complexities of an Orange County Truck Accident Claim

When a truck accident occurs, the aftermath can be overwhelming. Victims may face severe physical injuries that require extensive medical treatment, leading to substantial medical bills. The injuries sustained in truck accidents can vary, from broken bones and internal injuries to traumatic brain injuries and spinal cord damage. In many cases, these injuries can have long-term effects, impacting a victim’s ability to work and resulting in lost wages. The financial strain, coupled with the emotional toll of recovering from serious injuries, can make it difficult for victims to navigate the complexities of a truck accident claim on their own.

Truck accidents are often more complicated than typical car accidents due to the various parties involved. Aside from the truck driver, other parties such as the trucking company, insurance company, and even the manufacturer of the truck or its parts may bear some liability. This complexity underscores the importance of hiring an experienced truck accident lawyer who understands the unique challenges of these cases. A truck accident lawyer like our Orange County Truck Accident Attorney can help victims gather the necessary evidence, negotiate with insurance companies, and ensure they receive fair compensation for their injuries and losses.

Understanding the Impact of Large Trucks on Our Roads

In Southern California, the prevalence of large trucks on the roads significantly increases the likelihood of truck accidents. The state’s bustling economy and extensive road networks mean that large trucks, including semi-trucks, are frequently seen on highways and streets, which raises the risk of accidents involving these massive vehicles. To prevent such accidents, truck drivers must adhere to strict regulations, such as:

  • Driving hours limits to prevent fatigue.
  • Regular vehicle maintenance checks.
  • Proper cargo loading procedures.

However, when these regulations are violated, or when there is driver fatigue, distracted driving, or inadequate vehicle maintenance, the risk of catastrophic accidents greatly increases.

FAQ’s On Trucking Accidents in Orange County, CA

Seek medical attention, call 911, report to police, photograph the crash scene and all vehicles, collect driver, truck company, and witness contact information, preserve any damaged parts (or the entire vehicle), and contact an experienced truck accident lawyer before giving statements to insurers.
Most truck accident attorneys take cases on a contingency fee basis — you pay nothing upfront and the lawyer only gets paid a portion of the recovery if the case succeeds. Be sure your fee agreement outlines whether case costs (experts, filing fees) come out of the recovery.
Liability may rest with the truck driver, the trucking company (employer), cargo loaders, truck maintenance/repair shops, parts manufacturers, or even a municipality if poor infrastructure played a role. A thorough investigation is needed to identify all responsible parties.
You may recover economic damages (medical bills, ongoing treatment, rehabilitation, lost wages, future care, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment). In rare cases with egregious conduct, punitive damages may also be sought.
The general statute of limitations is two years from the crash date for injury claims. For claims against public entities, much shorter deadlines may apply (e.g. six months).
Many truck accident cases settle out of court, but given the high stakes and complexity, some must be litigated. Having a lawyer who is ready for trial gives you stronger leverage in settlement negotiations.
Fault is established through evidence such as accident reconstruction, black box or ELD (electronic logging device) data, driver logs, maintenance records, witness statements, and inspection reports. Violations of federal or state trucking regulations often strengthen fault arguments.
Federal trucking regulations (FMCSRs) govern driver hours, rest breaks, maintenance, inspections, and load securement. Violations can be central to establishing negligence. You must also contend with commercial carrier insurance policies and more aggressive defense tactics.
California uses a pure comparative negligence standard. Even if you share some fault, you can still recover damages, reduced by your percentage of responsibility.
The timeline depends heavily on injury severity, complexity, number of parties, and whether litigation is needed. Some simpler cases settle in several months; complex cases or those that go to trial can take a year or more.

For victims of truck accidents, securing legal representation from a knowledgeable truck accident lawyer is crucial. A legal expert can:

  • Help victims understand their rights.
  • Gather necessary evidence to support the claim.
  • Build a strong truck accident claim.

Moreover, a lawyer can negotiate with the insurance company on behalf of the victim to ensure a fair settlement that covers:

  • Medical bills.
  • Lost wages.
  • Other related damages.

In Southern California, where truck accidents often result in life-altering consequences, having the right legal support is essential for a victim’s recovery journey.

The Role of a Truck Accident Lawyer in Securing Fair Compensation

Insurance companies, representing the interests of truck drivers and trucking companies, often try to minimize payouts to accident victims. They may employ tactics such as disputing liability, downplaying the extent of injuries, or offering low settlement amounts that do not adequately cover the victim’s medical expenses, lost wages, or other damages. A skilled Orange County Truck Accident Attorney is essential in these situations, as they can effectively counter these tactics and advocate for the victim’s rights.

What To Do Immediately Following a Truck Accident

In the aftermath of a truck accident, taking specific steps can strengthen your claim when seeking compensation:

  1. Seek Medical Care Immediately: Prioritize your health by seeking medical attention as soon as possible. This not only ensures your well-being but also establishes a connection between the truck crash and your injuries.
  2. Document Evidence: If it is safe to do so at the scene of the crash, use a phone or another device to take pictures or videos of damages, injuries, causes of the crash, debris, and more. Collect names and contact information of any eyewitnesses and ask the police how to obtain copies of the accident report.
  3. Keep Track of All Expenses: Document every expense resulting from the accident, including hospital and doctor visits, travel expenses, general household out-of-pocket costs, lost income, and more.
  4. Contact an Attorney: Consult an attorney soon after the accident to improve your chances of building a strong case against the negligent truck driver or trucking company.

Hire A Truck Accident Lawyer In Orange County Today

If you were involved in a truck accident, partnering with a qualified attorney can enhance your recovery amount and save you time and effort when dealing with the insurance company. When you contact Aitken * Aitken * Cohn, you’ll begin with a free consultation to help us understand your accident and needs better. We operate on a contingency fee basis, meaning our attorneys only get paid if we win your case.

If you were in a truck accident, don’t wait to get legal help. Contact our Orange County truck accident attorney today through our confidential contact form or by phone for a free consultation to learn how we can help you.