Helping Fresno Accident Victims Recover the Fair Compensation They Deserve

Some of the most dangerous collisions on the road are those that involve commercial trucks. Unlike other motor vehicle crashes, semi-truck accidents often result in life-changing or fatal injuries. Collisions like these can cause victims to face numerous medical expenses that are challenging to pay.

In many cases, victims sustain severe injuries, such as spinal cord or traumatic brain injuries, that leave them permanently disabled and unable to work and provide for their families. California law allows truck accident victims to file claims to try and recover compensation for their injuries, medical expenses, and other damages.

All too often, an insurance company will try to deny or underpay a truck accident victim’s claim so they can protect their financial interests.

Tomassian, Pimentel & Shapazian has highly experienced Fresno truck accident lawyers dedicated to holding all liable parties responsible for the victim’s injuries. If you or a family member has suffered injuries in a truck accident, contact our law firm immediately to schedule a free initial case evaluation and learn more about our legal services.

Why Do Commercial Trucking Accidents Occur in the Fresno Area? 

Unfortunately, the Fresno area is no stranger to commercial truck accidents. Truck accidents occur for numerous reasons, most of which are preventable. Some of the most frequently cited factors that contribute to trucking accidents include:

Driver Fatigue 

All too often, truck drivers are sleep-deprived while operating their commercial vehicles. In many cases, despite federal regulations, trucking companies will push their drivers to operate past their Hours of Service (HOS) time limits so they can deliver or pick up loads early. Sadly, driver fatigue frequently results in fatal collisions.

Speeding 

Due to their sheer size and weight, speeding and reckless driving are leading factors in truck accidents. Unlike smaller passenger vehicles, trucks cannot stop quickly, especially when fully loaded. Accidents involving concrete trucks can be hazardous due to their high center of gravity and overall weight, making them hard to stop, especially if they exceed speed limits.

Distracted Driving 

Distracted driving is a leading cause of truck accidents. Like any other motor vehicle accident, when a driver allows their attention to be diverted from the road, it can lead to a serious crash. In trucking accidents, drivers are often distracted by their GPS devices, eating, or entertainment systems.

Some other common factors that can lead to truck accidents include:

• Failure of trucking companies to properly maintain vehicles
• Failure to obey traffic laws
• Hiring inexperienced drivers
• Driving while under the influence
• Improper loading of cargo on trailers
• Adverse road or weather conditions

If you have been injured in a truck crash, you must hire a personal injury lawyer with experience handling commercial vehicle accidents. Contact our Fresno truck accident attorneys immediately to learn how we can help.

What are the Most Common Truck Accident Injuries? 

Individuals involved in truck accidents typically sustain severe injuries that can take significant time to heal properly. In other instances, injuries sustained in big rig accidents can leave victims with severe trauma that results in negative consequences for victims. Some truck accidents even result in fatal injuries that can devastate families.

Some common truck accident injuries include:

• Neck injuries, including whiplash
• Head and back injuries
• Fractured or broken bones
• Lacerations
• Internal injuries
• Burns

Catastrophic Injuries 

California personal injury law defines catastrophic injuries as those considered long-term or permanent, result in debilitating pain, or significantly affect their ability to live a normal life.

Examples of catastrophic injuries include:

• Spinal cord injuries
• Traumatic brain injuries
• Amputations
• Loss or use of a limb
• Damage to internal organs

Regardless of the type of injuries you may have sustained in a truck accident, it is always best to seek medical attention immediately. Internal injuries are not always readily apparent, and failure to obtain medical treatment can result in permanent damage or even death. After a medical professional has examined you, contact a Fresno truck accident attorney who can advise you on what steps to take to file a claim.

What Steps Should I Follow if I Was Injured in a Commercial Vehicle Collision? 

If you have been involved in any type of accident with a commercial motor vehicle, you must take several steps to ensure your safety and physical well-being. Follow the proper steps to ensure your ability to file a claim and recover damages.

If you’ve been injured in a semi-truck accident, be sure to do the following:

• Remain on the accident scene
• If possible, move all damaged vehicles to the side of the road to avoid further traffic issues and dangerous conditions
• Check yourself and other passengers for injuries. Contact 911 to report the accident. If there are injuries, be sure to request emergency medical responders
• Document the accident scene by taking numerous photos and videos showing any property damage, skid marks, lighting, and weather conditions
• Gather information including the truck driver’s license, vehicle and insurance information, and names and phone numbers of potential witnesses
• Obtain a copy of the police report for your records. Police reports can assist injured victims by helping to determine who should be held at fault for the accident
• Seek medical attention immediately, even if you do not think you are injured. Without medical records to back up your claim, it may be harder to obtain compensation for injuries. Being examined by a medical professional can ensure that you do not have internal injuries that could jeopardize your well-being
• Do not post any details about the truck accident on social media or speak with the trucking company’s insurance company. Often, insurance providers will try to use victims’ own words against them to deny claims
• Hire a qualified Fresno truck accident attorney who will advise you of your rights and help you file a claim

If you have been injured in a truck accident, contact Tomassian, Pimentel & Shapazian to schedule a free consultation. Our highly trained personal injury lawyers will gladly review your truck accident case and determine what legal options suit your needs.

How Can I Recover Fair Compensation After Being Involved in a Commercial Trucking Accident?

If you have suffered injuries in a truck accident, one of your primary concerns is how to recover fair compensation for damages. Due to the disparity between a semi-truck and a passenger vehicle, many injured victims suffer significant injuries that result in numerous medical expenses, lost income, and emotional trauma.

State law allows accident victims to file truck accident claims to try and recover financial compensation for economic and non-economic damages.

Economic Damages 

Economic damages are awarded to truck accident victims to repay them for financial losses they have suffered due to injury. Commonly awarded economic damages include:

• Past and present medical bills
• Lost wages
• Loss of earning potential
• Property damage

In most truck accident cases, injured victims require physical therapy or rehabilitation, which can quickly become cost-prohibitive. A skilled personal injury attorney can fight to help clients obtain fair compensation that will provide for ongoing and future medical expenses.

Additionally, if you are severely injured and cannot return to the same type of work you performed before the accident, a truck accident attorney may help you obtain economic damages that cover your loss of earning potential.

Non-Economic Damages 

Non-economic damages, also called compensatory damages, are awarded to compensate victims for intangible losses. Non-economic damages are given to accident victims based on the facts and circumstances of the case. Fresno truck accident victims must remember that all cases are different, and any non-economic damages that are awarded will vary depending on the circumstances of the case.

Commonly awarded economic damages include:

• Pain and suffering
• Loss of enjoyment of life
• Emotional trauma
• Permanent disfigurement and scarring

One of the most considerable advantages of hiring a truck accident lawyer is they can professionally evaluate claims to determine what damages you may be entitled to receive. Call our law firm today and ask to schedule a consultation with our accident lawyers in Fresno so that we may discuss your case.

Can I File an Insurance Claim if I Am Partially At Fault For the Truck Accident?

Many truck accident victims wonder if they can still file an insurance claim if they were partially at fault for the crash. California insurance laws follow the comparative fault rule stipulating that plaintiffs may still recover damages even if deemed partially at fault for the accident.

Under the comparative fault rule, the court reviews the evidence and determines the percentage of fault that should be assigned to the plaintiff and defendant. If it is determined that the plaintiff contributed to the accident, their settlement will be reduced by the percentage of fault assigned by the court.

For example, if the plaintiff were awarded $100,000 in compensation but found 40% at fault, they would take home $60,000 in damages.

However, if the plaintiff is found to be more than 50% at fault for the accident, they will not be eligible to collect any amount of compensation. Because of this, insurance companies often look for ways to blame commercial truck accident victims so they can underpay or deny claims outright.

For these reasons, it pays to have an experienced truck accident attorney on your side who can fight the insurance company and build a solid personal injury case on your behalf.

Our Fresno, CA, law firm has extensive experience helping victims of semi-truck accidents recover the full compensation they deserve.

If you need further clarification regarding comparative fault law in California and how it could affect your case, contact our law offices today to schedule a free consultation.

Who Can Be Held Liable in Truck Accident Cases?

Many accident victims mistakenly believe that only truck drivers can be held liable for collisions. However, the truth is that multiple entities in the trucking industry can often be held responsible for accidents.

Although a truck driver is often the first person who comes to mind when determining liability issues, other options must often be examined.

For example, maybe the driver was pushed by their trucking company to disregard federal trucking regulations and ignore their HOS. In that case, the trucking company may be liable for injuries and other damages. Or, let’s say it has been established through an investigation that the company failed to perform routine maintenance or safety inspections on its equipment. In that case, the trucking company would also likely be at fault.

Additionally, accident victims may also file claims against the company responsible for loading the tractor-trailer if it is found that the cargo was loaded improperly. Finally, if the accident occurred due to a faulty design or parts, the truck manufacturer may also be forced to pay damages to victims.

However, most entities involved in the trucking industry have highly skilled accident lawyers who look for loopholes so the companies can avoid paying claims. Therefore, it is always best to seek legal help from a Fresno truck accident attorney who will conduct a comprehensive investigation into the crash to determine multiple liability issues.

Tomassian, Pimentel & Shapazian is a law firm dedicated to helping accident victims obtain maximum compensation for their injuries attributed to negligence. Contact our law offices today to learn more about our legal services.

Why Do I Need to Hire an Attorney to Help Me File a Truck Accident Claim? 

If you or a family member need to file a truck accident claim, you must hire an attorney to provide you with skilled legal representation. California personal injury laws can be overly complex, and accident victims often realize that filing claims is more challenging than they initially anticipated.

At Tomassian, Pimentel & Shapazian, our experienced truck accident attorneys can assist you from start to finish with the legal process involved in filing a claim. One of the most considerable advantages associated with hiring a lawyer is they understand the unique legal elements that apply to truck accident claims. Their experience with federal trucking regulations assessing multiple liability issues enables attorneys to speed up the claims process.

Some other advantages of hiring a truck accident lawyer to assist you with filing a claim include:

• Legal representation with the insurance company: The trucking industry faces numerous lawsuits annually. Trucking companies and other entities have legal teams whose only task is to seek ways to deny or minimize claims to minimize loss and maintain their profit margins. Often, an insurance company is more willing to negotiate a fair settlement when they know that accident victims have experienced legal representation on their side.
• Resources to investigate truck accident cases: Truck accident attorneys have the financial resources to investigate and gather evidence thoroughly after big rig collisions. However, investigating a truck accident often requires conducting an independent examination of the evidence. An accident lawyer can also gather other information that can strengthen a case, including witness testimony, video evidence, and accident reconstructionist reports.
• Maximize compensation for truck accident claims: A Fresno truck accident attorney can professionally assess a claim’s worth. A knowledgeable attorney can determine appropriate damages for your case, including reimbursement for medical bills, lost wages, emotional distress, and pain and suffering.
• File a lawsuit on your behalf: If the insurance company responsible for paying the claim is unwilling to negotiate a fair settlement, it may be necessary to file a lawsuit. If your case goes to trial, a truck accident lawyer will present your case to the court and protect your legal rights. However, most personal injury cases are resolved out of court through negotiations with the insurance provider.

Regardless of your legal needs after being injured in a truck accident, having a qualified lawyer on your side can make the difference between being denied compensation or obtaining a fair and just settlement.

If you need further clarification regarding the benefits of hiring a lawyer, contact us today and ask to schedule an appointment with a Fresno truck accident attorney who will gladly answer your questions.

What Should My Family Know About Filing a Wrongful Death Claim After Our Loved One Was Killed in a Truck Accident?

California law allows families of wrongful death victims up to two years from the date of their loved one’s death to file a claim in civil court. However, families should understand that if their wrongful death cases involve government entities, the time limit decreases to 6 months.

Under specific circumstances, the courts may toll or extend the statute of limitations, which allows the family more time to file claims. For example, if the defendant accused of the wrongful death was living outside of the state of California, was incarcerated, or was declared legally insane, the time limit is paused. However, once a defendant relocates back to the state, is released from prison, or is no longer considered insane, the clock resumes on the statute of limitations. Finally, if the defendant named in the lawsuit is under age 18, the case can be tolled until they turn of age.

Failure to file wrongful death claims within the prescribed time limits can result in the courts throwing them out. Once a court has rejected the case, families lose all legal recourse to try and obtain compensation for the death of their loved one.

Although two years may seem like a long time to get a case together, they can quickly pass by. Therefore, anyone who has tragically lost a loved one in a Fresno truck accident case must consult with a lawyer immediately who can advise them of the following legal steps they must take to file a claim.

State law stipulates that the victim’s immediate survivors or appointed legal representative may file a wrongful death claim. Immediate survivors include:

• Surviving spouse
• Domestic partner
• Children
• Minor children who received at least half of their financial support from the deceased
• Parents

If there are no immediate survivors, relatives entitled to inherit from the victim according to intestate succession laws may be eligible to file a claim.

Just as with other accident claims, eligible family members may be able to recover economic and non-economic losses.

Common economic losses awarded in wrongful death claims may include:

• Reasonable funeral and burial expenses
• Medical bills incurred by the victim related to their fatal injuries
• Calculated lost income the victim would have received had they been able to continue working
• Loss of insurance and retirement benefits
• Loss of household services provided by the decedent

Non-economic losses may include:

• Pain and suffering
• Emotional distress
• Loss of companionship
• Loss of moral support

Wrongful death claims are known for being overly complex and are best handled with the help of a well-trained attorney. Tomassian, Pimentel & Shapazian understands that the sudden loss of a loved one can be devastating for families and is passionately committed to helping them obtain maximum compensation. Allow our knowledgeable attorneys to evaluate your case to learn how we may be able to help. 

What are the Legal Advantages of Hiring Your Fresno Truck Accident Lawyer to Represent Me?

Anyone involved in a Fresno truck accident needs an attorney to defend their legal rights. While personal injury law firms in the area are willing to take on truck accident cases, many accident attorneys need more courtroom and trial experience.

However, insurance companies know which personal injury attorneys will settle for less than a claim is worth to avoid going to court. Tomassian, Pimentel & Shapazian has truck accident lawyers fearless in standing up to insurers.

When you come to us for help, we take time to learn about your case and determine what damages may be appropriate to help you gain the peace of mind you deserve. Our attorneys are highly skilled in negotiating with insurance providers to ensure that you receive maximum compensation that adequately provides for your needs.

Sadly, other law firms focus on improving their profitability rather than working for their clients’ best interests. Our dedicated team of legal professionals understands that the settlement they may obtain can make a difference between resuming their lives or worrying about what the future may hold.

If you have been injured in a big rig crash, you need a Fresno truck accident lawyer who will work diligently to hold all liable parties responsible for your injuries, pain and suffering, and property damage.

Contact Tomassian, Pimentel & Shapazian at our Fresno, CA law office by calling (559)-545-0383 and ask to schedule a free initial consultation to learn more about our legal services and how we may assist you.