Santa Ana Moving Truck Accident Attorneys
In Orange County, it is not rare to encounter moving trucks on city streets and freeways, from DIY rentals to large commercial moving trucks. California is a dream location for many people who live in other states, and others choose to move to a new home, locally or to another area. Truck rental companies do a steady business, and any person with a driver's license can rent a truck – and they often lack any experience driving a large, heavily loaded vehicle, with disastrous results. If you or a loved one has been injured in an accident with a truck, get help from a personal injury lawyer to manage your case.
Moving trucks pose a danger to others sharing the road. Commercial moving trucks in the OC are often at the end of a long journey, operated by a tired driver who may have driven the vehicle for thousands of miles to reach the area. Those who have rented a moving truck may lack real-world experience operating a larger vehicle. The types of moving truck accidents occurring in the area include:
- Tired driver: A driver who lacks enough sleep is less aware and far more likely to make errors operating a moving truck. They may drift out of lanes, drive too fast, or make other errors that cause serious or fatal accidents. Fatigued driving can be as dangerous as driving drunk.
- Inexperienced driver: Drivers of rental trucks may lack the experience to understand that these vehicles must be operated with extreme caution, as they require a longer distance to stop, have limited visibility, and are far more challenging to manage in city or freeway driving, with the risk of a rollover, unsafe lane change, or other dangerous driving conduct.
- Distracted driver: Distracted drivers may be talking on the phone, texting, looking at the GPS when unfamiliar with the freeway, street, or area, or be engaged in eating, conversing, or other activities that take their eyes off the road.
- Uneven load: A moving truck may have an uneven load. When a truck is not loaded correctly, with one side heavier than the other, or a shifting load, the vehicle becomes more difficult to control and can be a factor in a deadly collision.
- Unsafe lane changes: Unsafe lane changes are illegal under California Vehicle Code 22107. When driving a moving truck, changing lanes is more challenging as it requires a much larger space. Drivers, whether professional or inexperienced, may make unsafe lane changes, causing an injury accident.
- Blind spot accidents: A large truck blind spots directly in front, behind, and on both sides, particularly the right. Professional truck drivers and novices have been responsible for serious or fatal accidents related to the inability to see another vehicle due to these blind spots.
- Intoxicated driver: A moving truck driver who has consumed alcohol or drugs (including medically-prescribed medications) is far more likely to make serious driving errors and cause an injury accident.
- Truck system failure: A poorly maintained truck may have a critical safety system failure, such as brakes or tires, causing a deadly accident.
After an injury accident with a moving truck, the injured are transported to the hospital for treatment. The injuries can range from mild, to severe, to fatal. When seeking compensation for damages in a claim or lawsuit, it must be established that the moving truck driver acted in a negligent manner. The four elements of negligence are as follows:
- Duty of care: It must be proven that the moving truck driver owed the injured person a "duty of care." This duty involves exercising reasonable care operating the truck, obeying traffic laws, and driving in a manner that does not put others at risk.
- Breach of duty of care: It must be proven that the truck driver breached the duty of care by operating the vehicle without reasonable caution, such as driving too fast, making unsafe lane changes, failing to stop, or other conduct.
- Proximate cause: It must be established that the truck driver's conduct was a direct cause of the accident.
- Damages: The accident led to injuries and other losses due to the collision.
The calculation of the damages to pursue in a claim or lawsuit involves valuing all losses suffered by the injured person. They include:
- Economic damages: The costs of medical treatment, current and future, transportation, medications, nursing care, wage loss, loss of earning capacity, and other actual losses.
- Non-economic damages: Pain and suffering, loss of quality of life, emotional anguish, loss of consortium, and other personal losses are given a dollar value and are often the highest amount in a claim or jury award.
At HN Injury Lawyers, our legal team works closely with each client. We are committed to pursuing fair and full compensation for our clients. We have a reputation for legal excellence and can be trusted to take every legal action necessary, either in filing an insurance claim or lawsuit filed against the liable party. Call us today at (657) 333-5726.