Palm Springs Truck Accident Lawyer

Being injured in a truck accident in Palm Springs or any part of the Coachella Valley is an undoubtedly traumatic experience. Those in passenger vehicles can be left with major physical, emotional, and financial challenges. And the trend continues to rise. At The Dominguez Firm, we know navigating the legal system after a truck accident can be daunting.

For over 30 years, our experienced personal injury attorneys have proudly served Southern California, including Palm Springs and the Coachella Valley. We have a proven track record of success in securing fair compensation for our clients who have suffered due to truck driver negligence. If you’ve been injured in a truck accident, don’t hesitate to reach out. Call us today for a free consultation at (800) 818-1818. Let our Palm Springs truck accident lawyers fight for the justice and compensation you deserve.

Please keep reading for more information on truck accidents in Palm Springs and your rights if you’re injured in one.

What Are Some Common Causes of Truck Accidents in Palm Springs?

The Coachella Valley, including Palm Springs, is traversed by the I-10, one of the main interstates in and out of California. It’s also near some of the largest distribution centers in the country, causing a considerable uptick in commercial truck traffic over the last decade. The sheer number of additional big rigs passing through the area is one major cause of truck accidents, but there are many others too.

At the national level, the number of truck accidents with injuries went up 18% from 2106-2022. Even worse, fatal truck accidents rose an astounding 49% between 2012-2022. Two of the main reasons are an increase in distracted driving due to smart phones and the exploding popularity of online commerce, which necessitates more goods being transported across the U.S.

 Regionally, several factors contribute to truck accidents:

Traffic Congestion: The Coachella Valley is a growing region, and with more people comes more goods. This increase in truck traffic can lead to congestion, especially on major routes like the I-10. Traffic jams can create frustration and impatience among drivers, increasing the risk of accidents.

Driver Fatigue: Truck drivers are often under pressure to meet tight deadlines, which can mean long hours on the road. Driver fatigue is a serious issue that can impair judgment and reaction time, significantly raising the risk of accidents.

Harsh Desert Conditions: Palm Springs and the Coachella Valley experience scorching desert heat.  These high temperatures can negatively affect tire pressure, leading to blowouts. Extreme heat can also warp the road surface, creating uneven pavement that contributes to accidents.

Distracted Driving: Distractions like texting, using a GPS, or eating can take a driver’s attention away from the road, even for a split second. This inattention can be especially dangerous for large commercial vehicles that require more time and space to maneuver.

Unbalanced Cargo: Improperly loaded cargo can shift during transit, causing the truck to become unbalanced and more difficult to control. Even worse, the Coachella Valley’s high winds increase the possibility of cargo coming loose. Unbalances or poorly packed cargo can lead to rollovers or jackknifed trailers, resulting in serious accidents.

Vehicle Malfunctions: Trucks are complex machines, and even minor mechanical failures like brake problems or steering malfunctions can have disastrous consequences. Regular truck maintenance is crucial to prevent accidents caused by equipment failure.

By understanding these common causes, drivers can be more aware of the potential hazards on the road and take steps to stay safe,  especially when sharing the road with large trucks.

What Steps Should I Take After a Truck Accident?

Being involved in a truck accident can be a frightening experience. If you’re able and it’s safe to do so, here are some initial steps you can take:

1. Ensure Safety: Check yourself and others involved for injuries. If there are serious injuries, call 911 immediately. Move to the side of the road, away from traffic, if possible.

• Document the Scene: If you can, take photos of all damage to your vehicle, the truck involved, and the surrounding area. Capture skid marks, debris, and any traffic signs or signals.

• Exchange Information: Exchange contact, license and insurance information with the truck driver. Get the names and contact details of any witnesses too.

• Seek Medical Attention: This is crucial, even if you don’t feel immediate pain. Adrenaline can mask injuries, and some injuries may take time to manifest. Getting checked by a doctor ensures you receive proper treatment and creates an immediate medical record of your injuries.

• Report the Accident: Given the seriousness of most accidents between trucks and passenger vehicles, the police will likely arrive at the scene. If not, call them. Make sure you get the names and badge numbers of the responding officers. Also, request a copy of the police report.

• Hire an experienced truck accident attorney:  Call The Dominguez Firm right away. Truck accident claims are complex and often involve multiple defendants and jurisdictions. This is not something you’ll want to handle alone, especially if you’ve suffered serious injuries. We have a team of in-house investigators who can arrive at the accident site 24/7.

Also:

• Do not admit fault, even if you think you contributed to the accident. Also, don’t apologize or discuss details about how the accident happened with everyone else involved.
• Do not discuss or post about the accident on social media under any circumstances.
• Throughout this process, prioritize your safety and the safety of others involved. Do not delay medical attention to follow these steps.

How Is Fault Determined In A Truck Accident?

Fault in a truck accident is determined based on the legal principle of negligence. This means investigators will assess whether someone involved in the accident failed to act with reasonable care, and if that failure directly caused the accident. Here’s a breakdown of how fault is determined:

• Evidence Gathering: Police will collect evidence at the scene, including witness statements, damage reports, and the truck driver’s logs (recording driving hours and breaks).
• Duty of Care: The law expects all drivers, including truck drivers, to act with a reasonable duty of care. This means following traffic laws, driving safely for conditions, and being aware of surroundings.
• Breach of Duty: Investigators will determine if the truck driver or another party involved in the accident breached this duty of care. Examples include driving under the influence, speeding, distracted driving, or violating trucking regulations.
• Causation: Evidence will be examined to see if the breach of duty directly caused the accident. For instance, a truck driver texting while driving would likely be the cause of a rear-end collision.

Having strong evidence to support your claim is crucial. An experienced truck accident lawyer can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.

What Happens if I’m Partially to Blame for My Palm Springs Truck Accident?

California follows a pure comparative negligence system for accidents, including truck accidents. This means that even if you are partially to blame for the accident, you can still recover compensation for your damages. However, the amount you receive will be reduced by your percentage of fault attributed by the court.

Here’s how it works:

• Determining Fault: The court will assess the evidence, including police reports, witness statements, and any accident reconstruction specialists’ reports, to determine the percentage of fault for each party involved.

• Percentage of Fault: There’s no set formula for assigning fault. It depends on the specific details of the accident and the court’s determination.

• Reduced Compensation:  Let’s say the total amount of your damages (medical bills, lost wages, pain and suffering) is  $500,000, and you are found 20% at fault.  In this scenario, you would receive  $400,000 ($500,000 – $100,000, which is 20% of the total awarded) from the defendant.

Who Am I Suing for My Truck Accident Injuries?

Determining who to sue after your Palm Springs trucking accident depends on the specific cause of the accident. Here’s a breakdown of the potentially liable parties. Note that there may be more than one defendant:

• Truck Driver: The most common defendant in a truck accident lawsuit is the truck driver. If their negligence (distracted driving, speeding, driving under the influence, etc.) caused the accident, you might file a lawsuit against them and their insurance company.

• Trucking Company: The trucking company that employs the driver can also be liable. They might be responsible for negligent hiring or training of drivers, inadequate truck maintenance, or pressuring drivers to violate safety regulations. In such cases, you might sue the trucking company and the driver.

• Cargo Loader: Improperly loaded cargo can cause the truck to become unbalanced and lead to an accident. The company responsible for loading the cargo could be liable if their negligence contributed to the accident.

• Third-Party Driver:  If another driver caused the accident because of, for example, aggressive driving, you might be suing that driver.

What Are Some Common Truck Accident Injuries?

Truck accidents are significantly more dangerous than car accidents, especially when huge commercial trucks are involved. These accidents can cause catastrophic injuries, some of which can prove fatal.

Spine and Spinal Cord Injuries: The force from a truck crash can cause severe injuries to the spine,  including herniated discs, spinal fractures, and even spinal cord damage. These injuries can lead to permanent paralysis and require extensive long-term medical care.

Traumatic Brain Injuries (TBIs): The sudden impact from a truck accident can cause the brain to slam against the skull, leading to TBIs.  They can range from mild concussions to severe brain damage, with symptoms like headaches, dizziness, memory loss, and difficulty concentrating.

Internal Organ Damage: The blunt force trauma from a truck accident can damage internal organs like the lungs, liver, kidneys, or spleen. These unseen injuries can cause dangerous internal bleeding and require immediate medical attention. 

Amputations:  Crushing injuries can lead to amputation of limbs. These devastating injuries require extensive medical care and prosthetics and can significantly impact a person’s mobility and independence.

Fractures:  Broken bones are common injuries in truck accidents, ranging from minor fractures to complex breaks. Fractures can cause significant pain, require surgery, and take time to heal completely.

Soft Tissue Injuries:  Whiplash, sprains, and strains are common soft tissue injuries sustained in truck accidents. They can cause pain, limited mobility, and take weeks or months to heal completely.

Most of these injuries can be permanent and completely alter the truck accident victim’s life.

What Compensation Could I Be Entitled to for My Palm Springs Truck Accident?

The severity of your injuries is a major factor in determining the amount of compensation, legally known as damages, you might be entitled to for your Palm Springs truck accident. Generally, more serious injuries involving higher medical bills, lost wages, and a greater impact on your daily life mean higher damage award. An experienced truck accident attorney can help assess the extent of your injuries and calculate the potential value of your claim.

Damages can be categorized into two main groups: economic and non-economic.

Economic damages are meant to compensate you for the financial losses you’ve suffered due to your truck accident. They can include:

• Medical Expenses: This covers all past and future medical bills associated with your injuries, including doctor visits, hospital stays, surgery, medication, rehabilitation, and therapy.

• Lost Wages: If your injuries prevent you from working, you can be compensated for lost wages during your recovery period.  In some cases, if your injuries cause permanent disability and limit your ability to work in the future, you may also recover compensation for lost future wages.

• Property Damages: Covers repairs or replacement of your vehicle if it was damaged in the accident.

• Other Out-of-Pocket Expenses: You can be reimbursed for any reasonable out-of-pocket expenses related to the accident, such as transportation costs to medical appointments

Non-economic Damages compensate you for the emotional toll your truck accident has taken on your life. California places no cap on how much can be awarded in non-economic damages, thus it usually makes up the largest part of the victim’s settlement or verdict.

• Pain and Suffering: This compensates for the physical and emotional pain you’ve endured due to the accident and your injuries.

• Loss of Enjoyment of Life: This covers how your injuries have impacted your ability to participate in activities you once enjoyed.

• Emotional Distress: This compensates for emotional trauma, anxiety, depression, or PTSD  you may experience as a result of the accident.

It’s important to remember: This is not an exhaustive list, and an experienced truck accident lawyer can advise you on the specific damages you may be entitled to in your case.

Call the Experienced Truck Accident Lawyers at The Dominguez Firm

You can be sure the commercial trucking companies have teams of defense attorneys ready to fight your accident claim. They are notorious for aggressively defending themselves against truck accident cases, regardless of the extent of your injuries. That’s why you need a powerhouse personal injury law firm by your side.

The Dominguez Firm has the skilled litigation attorneys and resources to take on the big commercial trucking companies and win. We’ve been doing so for over 30 years. Call us today for a free consultation at (800) 818-1818. We are here for you!