JoeplutaJoepluta
$ 45 Million
Permanent Disability
$ 55 Million
Temporary Disability
$ 5 Million
Death Caused By Work
$ 100 Million
Industrial Accidents
Our Bakersfield truck accident lawyer has some stats to share to give you a clear picture of the extent of the big rig accident scene in California.
Large Truck & Bus Crashes
Every year, the Federal Motor Carrier Safety Administration, or FMCSA, releases a repeatedly produced guide to critical statistics - most notably statistics of commercial truck and bus road accident fatalities, personal injury cases, and damages to property. The content presented within this report, commonly known by the acronym LTBCF, is based on analyses carried out by the RM-CDA division. This branch makes use of data coming from the four significant pools to collect the statistics listed below:
What should you do to avoid becoming another statistic of big rig accidents in Bakersfield? Immediately seek legal help from The Law Office of Joseph Pluta to right the wrongs of someone else's negligent driving.
Truck accidents can manifest in a variety of ways; where some of the common ones include:
Jackknife
Jackknife accidents are common in articulated trucks, particularly those
Tire Blowout
A tire blowout could occur in any vehicle, but it is more common in
T-Bone
T-bone accidents, referred to as side-impact collisions or broadside crashes,
Head-On/Rear-End
A head-on collision often occurs when, for example, a truck collides
Blind Spot
Blind spot accidents are common in large trucks such as semi-trucks.
Underrides
The roads are mostly filled with more oversized vehicles, especially trucks,
Truck Rollover
A trucker loses control of the vehicle while swerving over or turning
Wide Turn
If a driver prepares to take a right turn at an intersection, they would need
Bakersfield's trucking accidents are an unfortunate occurrence on its roads & highways, commonly attributable to:
Drowsy Driving
According to the National Highway Traffic Safety Administration, nearly 30-40% of all trucking accidents are caused by driver fatigue, an 8.5% increase in 2022 from the previous year. Drowsy driving is often the main factor in major truck collisions, which FMCSA seeks to reduce through its Hours-of-Service regulations for truck drivers. Any violation of these regulations will naturally hold truckers liable for a lawsuit.
We're Here to Help!
Drunk Driving
According to the United States Department of Transportation, any driver found under the influence of alcohol or consuming alcohol will be put out of service within 24 hours, effective immediately. Furthermore, they'll be liable for damages if they cause an accident under the influence of alcohol.
We're Here to Help!
Distracted Driving
When truck drivers are distracted on the road, their lack of attention can devastate others. As such, 70% of most road accidents are caused by heavy commercial trucks. Victims have legal rights to seek justice for the economic and noneconomic costs.
We're Here to Help!
Speeding
Semi-truck and large commercial truck drivers must stay within 55mph on Bakersfield's roads or be held under California's negligent operator treatment system (NOTS). Speeding is a misdemeanor under CVC or a serious offense under DOT FMSCA. A single conviction for a truck driver can lead to increased insurance premiums, job loss, points on your commercial driving record, and even driver disqualification for 60 days.
We're Here to Help!
Improperly Loaded Cargo
While a collision involves only two drivers, an improperly loaded truck can implicate multiple parties. They include the truck driver, the one who loaded the cargo, and their respective companies. In such a scenario, the responsible persons can be held liable for failing to fasten the cargo properly, overloading the truck's carrying capacity, or not balancing the load throughout the trailer.
We're Here to Help!
Lack of Training
Along with truck driving negligence, a commercial truck company can also be held responsible for improperly training their driver, which may have led to an accident. Truck companies must also continuously assess all their drivers' skills, verify their credentials, and perform routine mechanical inspections on their fleet. Any violations of California's motor carrier permit (MCP) can hold the driver and their company accountable for an accident.
We're Here to Help!
Have you been caught in a devastating Bakersfield truck accident? We're here to help you get fair compensation for any of the following injuries you may have suffered
Traumatic Brain Injuries
One of the most severe consequences that can occur following a truck accident is a head trauma, otherwise referred to as a traumatic brain injury (TBI). When a truck collides with other vehicles, it exerts a force that can make the driver's brain move within the skull. This shaking can result in symptoms such as concussions, bruising of the brain tissue, and, even worse, TBIs. A person with TBI disorders is likely to show various symptoms, including memory lapses, persistent headaches, balance impairment, vision distortion, and cognitive disruption. In extreme cases, there may be a coma, which can lead to lengthy and costly management and rehabilitation.
Don't Delay Justice, Call Now!
Spinal Injuries & Paralysis
The severity of spinal injuries can be classified as mild to extreme, with minor fractures of spinal bones or spinal discs at the milder end and severe medical conditions like quadriplegia on the extreme end. Such a condition implies that an individual may lose mobility or sensations in specific body regions around the injury site. Healing from any spinal injury will most often involve a very long rehabilitative program. This may include but is not limited to physical therapy to restore strength, special aids with activities of daily living, and continuous medical treatment, among others. Such injuries can affect the ability of the injured person to move, work, and engage in leisure activities, which is why it is necessary to have medical and legal assistance during the recovery period.
Whiplash and Soft Tissue Injuries
In truck accidents, whiplash and other soft tissue injuries are highly prevalent as there is always a sudden jolt at the point of impact. Whiplash is when the head and neck are forced into sudden forward and backward movements, resulting in the strain of the neck's muscles, ligaments, and tendons. This injury is most prevalent in rear-end collisions that occur frequently along busy roads such as the highways in Bakersfield. Pain, headaches, stiff neck, and difficulty moving the neck and shoulders are common symptoms. Even though a majority of the cases of whiplash tend to heal over some time, more damaged strains can take months or years to heal, needing physical therapy and even hindering the victim from performing even basic tasks.
Don't Delay Justice, Call Now!
Fractures and Broken Bones
In truck accidents, it is common for victims to report fractures such as broken arms, legs, ribs, or pelvis. Some fractures are quite easy to diagnose and heal, while others are more complicated, for example, when the bone protrudes through one's skin. Injuries of these kinds usually require immediate surgical intervention. After the operation, the treatment is protracted. Physical rehabilitation is often prescribed for patients after particular surgeries to restore their usual activity due to regained strength, and this process may take a few months to even years.
Don't Delay Justice, Call Now!
Internal Bleeding & Organ Damage
Trucking accident traumas could potentially lead to rupture of many internal organs, such as the liver, spleen, and lungs, internal bleeding included. Such traumas present a high risk of complications, which calls for medical attention without delay. Following a truck collision, caution is advised even when the person has no apparent injuries. It is important to note that some internal traumas may take hours or even days to be evident following the incident, hence the need for close supervision to avoid risks such as organs losing their functions or excessive internal bleeding.
Don't Delay Justice, Call Now!
Cuts, Burns, & Lacerations
Debris, broken glass, and extreme conditions due to certain substances can all lead to these injuries. Hazardous cargo or fuel may also result in extreme harm through scalding steam or vaporized toxic substances. Moreover, in an accident, the collision might throw sharp pieces that may cut the victims' skin. Deep lacerations and burns can lead to scarring and deformity, which may need cosmetic surgery and a long recovery time. For some of the victims, the mental effects of such disfigurement tend to be more traumatizing than the physical pain itself.
Don't Delay Justice, Call Now!
Did you know California has a Statute of Limitations for truck accident lawsuits? This means our truck accident attorney in Bakersfield can best help you only if we file your claim on time.
If you fail to file a claim for your unique situation before the deadline ends, Bakersfield's courts will be within legal rights to dismiss your case's hearing. However, they may make rare exceptions if the situation demands something nearly impossible. Therefore, we recommend contacting an experienced truck accident attorney in Bakersfield ASAP to get expert legal assistance without rushing to protect your rights.
Don't Stress, We're Here!
In a truck accident involving several parties, which is often the case, our truck accident lawyer in Bakersfield will help you receive comprehensive compensation by recognizing all those liable.
Drivers may generally be held responsible for accidents resulting from their negligent acts, which include distraction while driving, driving while exhausted, or driving while intoxicated. Their driving behavior is commonly the central concern in determining the cause of the accident.
Improperly stowed or secured cargo can result in accidents, thereby making cargo loaders liable in such circumstances. This also includes cases wherein the cargo weight exceeds the truck's restraining capability and alters the truck's dynamics.
If a service provider improperly maintains a truck and an accident occurs, that service provider may be liable. For instance, this could involve failing to maintain the vehicle properly or neglecting essential safety inspections.
Such organizations can also be found guilty in accidents, mainly when they are found to have acted negligently by refusing to service their fleets or enforcing safety measures. Trucking companies also have requirements to ensure that their drivers are adequately trained and do not exceed designated driving hours.
The manufacturer can be held liable in the event of any truck accident caused by a defect in the vehicle. This occurs, for instance, when the accident is credited to faulty brakes or an engine or tire problem.
Other contractors involved in the truck's functioning, such as third-party logistics providers or dispatchers, can also be held liable if their actions contributed to the accident.
When difficult road conditions and a lack of proper signs become the underlying factors in an accident, the local or state government may be held responsible. For instance, road maintenance may have suffered either patently or caused by healthier traffic control measures, which may result in the ringing of a public authority.
We understand that your suffering cannot be capped at some arbitrary monetary value. Yet, if you want to focus on rebuilding your life, you need our Bakersfield truck accident attorney to recover the maximum compensation you deserve.
The value of your truck accident settlement will be determined based on how and to what degree responsibility is apportioned to all the parties involved. Additionally, the exact calculation of the following factors will be considered:
The current value of the damaged or totaled vehicles
The level of negligence on the part of the responsible party or parties
If the truck driver or trucking company violated safety regulations, such as hours-of-service rules or maintenance requirements
The severity of your injuries
The cost of your existing and future medical bills
Whether long-term medical care and rehabilitation are required
The value of the income you would have otherwise earned at work
How was your quality of life impacted due to the truck accident
The cost of your physical and emotional pain & suffering
Any psychological distress you or your loved ones may have suffered
Financial compensation for physical disfigurement or permanent disabilities
The recovery timeline
We understand you may still be hurt and confused after a major, possibly life-altering truck accident. However, if you can take some first-aid steps, your chances of medical and legal recovery can increase manifold.
While not all truck accidents may look the same, there are some basic steps you can undertake in the aftermath of yours to soften the blow and get some relief:
Our firm has a long history of fighting for the underdog, so we understand how harrowing it can be to get justice from a system designed to help workers but often falls short due to its complications. Not anymore when you have us by your side.
Have questions about truck accidents in California? Our truck accident attorney Bakersfield CA have answered some of them.
Truck accidents, verdicts, and settlements achieve varying levels, which depend primarily on the given facts of each case. Usually, these settlements levitate from tens of thousands, even millions of US dollars, and areas of contention include the seriousness of injuries. Culpability and insurance coverage may also play a role. For instance, a matter that results in negligible physical discomfort could bring an award of $50,000 - $100,000. Still, one could also predict a financial harvest in the seven digits for more serious matters, such as when a person suffers a brain embolism or there are multiple surgeries. Each case differs; the settlement payment may range from a hundred dollars to a million, depending on the context.
The timeframe for a lawsuit is often quite substantial, lasting a few months to several years. In distinct cases, the case could last several years. The duration may also be affected by the nature of the conflict, the possibility of the parties reaching an agreement, and other elements.
The average settlement in a truck collision accident lawsuit is $103654.08. The most frequent settlement is worth half of that figure ($30000), as it meets the 50th percentile, which is more reliable as it is not so much influenced by the outliers. The data does not refer to any settlement claims, but more so, it was a tabulation of all known claims on the same subject after a certain period. These figures accounted for all the settlements that would have been reached regarding any cause of action based on trucking accidents during the same period.
In California, the settlements of trucking accidents usually go up in the range of $50,000 to $150,000. It is realized that the course of things can vary greatly depending on many elements. In some occurrences, some trucking accidents are minor; thus, the total amount awarded to the aggrieved party/minority Health benefits is costless; other incidences are usually rare and severe to the extent of running into millions of dollars.
In cases where there is severe trauma, such as spinal cord injury, traumatic brain injury, or several fractures, etc., the medical treatment, as well as rehabilitation and even custodial care for such patients, can be significant. Due to the costs of treatment being so high, it is likely that the settlement. We would have to cater for the existing medical costs and the medical costs that will be incurred in the future.
The injury multiplier technique is a classic for assessing pain and suffering. It involves adding economic damages and applying a factor, which might be one of several variable outcomes. These variables are usually within 1.5 to 5, while more severe cases attract higher variables. For example, if you had economic damages of $100,000 and used a variable of 1.5, your claim for pain and suffering damages would be $150,000. If a variable of four is used, your claim would be as much as $ 400,000.
Call Today For Your Free Initial Consultation At (661) 395-1031
DISCLAIMER: This website contains general information and is only intended for educational purposes. Because laws are constantly changing, the information is not guaranteed to be correct and/or current. Nothing contained on this website is intended to be a substitute for legal advice and does not constitute legal advice. Reading this website does not create, and should not be construed to create, an attorney-client relationship between the Law Office of Joseph Pluta and the reader. Nothing within this website should be considered as providing legal advice or a legal opinion. Sending an E-Mail to this website, or interacting with this website in any other way, does not create an attorney-client relationship.
