If you’ve been injured in a truck accident in Oakland that wasn’t your fault, you may be entitled to significant compensation.

Contact the Oakland personal injury lawyers of OnderLaw to discuss your case. Give us a call or contact us online to schedule a free consultation. Our firm doesn’t require payment from you until your case is won.

Why Do I Need a Lawyer?

A lawyer is an asset to victims of personal injury cases of all types. When you’ve been hurt in a truck accident, likely the last thing you’ll want to deal with is finding evidence for your claim and discussing the compensation available to you with insurance providers. Additionally, insurance providers aren’t focused on giving you the full amount of compensation owed to you. They’re looking to save money, which means they’re seeking to pay you as little as possible for your losses.

A skilled lawyer from OnderLaw can take on the responsibility of investigation, evidence recovery, and negotiating with insurance companies on your behalf in the interest of a better payout for you. An attorney will advocate for your rights and the compensation owed to you as a result of your accident. A lawyer can also help you identify your next steps in the event that your personal injury claim is denied or if they believe the payment the insurance provider offers isn’t substantial enough.

With an experienced lawyer on your side, you can take comfort in knowing that your claim is being handled by a professional with your best interests in mind.

Why Choose OnderLaw?

Founded in 2002 by our founder, James G. Onder, OnderLaw has nearly two decades of experience in handling personal injury claims. We firmly believe in providing legal counsel to those injured in accidents in Oakland and beyond, and we’re a trusted resource for personal injury victims.

Our firm and many of our partners are accomplished and featured members of several respected legal organizations throughout the nation. We’re proud to have been recognized by organizations such as Martindale-Hubbell Peer and Client Review Ratings, Million Dollar Advocates Forum, and Rue Ratings Best Attorneys of America, with two of the three listed awarding membership to less than 1% of all U.S. lawyers.

We’ve recovered over $10 million for victims of truck accidents and $3 billion overall, and we’re showing no signs of stopping. Should you choose OnderLaw to take on your case, you can feel confident in your decision. Allowing us to represent you means you’re putting the responsibility of your personal injury claim in the hands of some of the most competent legal representatives in the nation. Our firm provides top-notch legal representation to numerous clients, and we’d be honored if you would allow us to do the same for you.

Causes of Truck Accidents

Truck accidents occur for a number of reasons. Though truck and car accidents may have some similar causes, there are some reasons truck accidents occur that are distinct to the vehicle involved. Some of the most common causes of truck accidents include:

  • Drunk driving
  • Drowsy driving
  • Drugged driving
  • Distracted driving
  • Speeding and overtaking
  • Poor training and maintenance
  • Improper cargo loading
  • Failure to obey traffic laws
  • Poor judgment
  • Lack of experience
  • Driver error
  • Low filled liquid loads
  • Faulty mechanics or parts
  • Poor roads or highways
  • Long working hours

Common Injuries Suffered in Truck Accidents

The injuries resulting from a truck accident are more devastating than those you would’ve developed in a regular car accident. Some of the most common injuries suffered by victims of truck accidents include:

  • Fractured or broken bones
  • Concussion
  • Traumatic brain injury (TBI)
  • Head and neck injury
  • Foot and ankle injury
  • Cuts and scrapes
  • Burns and road rash
  • Abrasions and lacerations
  • Bruises
  • Puncture wounds
  • Shoulder and elbow damage
  • Soft-tissue damage
  • Hearing loss
  • Amputation and disfigurement
  • Hip injury
  • Chest injury

Who Is Responsible?

Depending on the circumstances of your accident, multiple parties could be held responsible for your collision. Additionally, determining responsibility in a truck accident isn’t a straightforward affair.

The trucking company may be liable for your accident for a few reasons. Sometimes, trucking companies fail to take care to hire drivers with ample experience and they may demand that drivers work longer hours than what’s acceptable according to Hours of Service limits, leading to driver exhaustion. This can increase the chances of you being involved in an accident with a truck driver. Additionally, the trucking company may be held liable for your accident due to poor vehicle maintenance, as they’re required to inspect their vehicles regularly to ensure the vehicle falls within safety requirements. Should they fail to perform any of the above-listed duties, you can seek to recover compensation from the trucking company’s insurance provider.

If the truck accident was caused by improper cargo loading, including a failure to adhere to height and weight limits that are to be strictly followed, you would seek to recover compensation from the cargo loader. It’s possible for an oversize load to lead to a tire blowout on the truck, thereby increasing the possibility of an accident. The cargo loader may be the trucking company or a third-party cargo loading company. In either case, you would seek to recover damages from the insurance provider that insures the trucking company or cargo loader.

If the truck accident is caused by faulty mechanics or parts, then you’d seek to recover compensation from the vehicle manufacturer. The vehicle manufacturer is responsible for ensuring the quality of each part that goes into their vehicles and verifying whether or not the mechanics or parts are damaged or faulty in any way.

If the truck accident is caused by the driver under circumstances such as speeding or reckless driving, you may seek to recover damages from the driver or the trucking company the driver is attached to.

Trucking companies are required to maintain minimum liability insurance coverage concerning the height and weight requirements for cargo depending on the type of truck:

  • Property carriers. Property carriers are required to maintain a minimum of $300,000 in liability insurance for trucks that are less than 10,000 lbs. Vehicles that weigh exactly 10,000 lbs. or more require a minimum liability insurance amount of $750,000 (single limit).
  • Interstate motor carriers. Interstate motor carriers of petroleum products or waste are required to maintain a minimum of $500,000 liability for bodily injury per person, $1 million for bodily injury per trucking incident, $200,000 for property damage, or $1.2 million for combined single limit (CSL).
  • Hazardous substance carriers. Hazardous substance carriers are required to maintain either $5 million CSL or $1 million CSL, depending on the type of hazardous substances they’re transporting.

For a better understanding of who’s responsible in your specific case, contact a seasoned Oakland truck accident lawyer.

Compensation for a Truck Accident Claim

Depending on the severity of the injuries you sustained and the length of your recovery, you may be entitled to significant compensation. Compensation for truck accident claims can include:

  • Medical expenses. It’s likely you’ll have many medical bills following your accident. If the accident isn’t your fault, you shouldn’t be expected to foot the bill for the medical attention you require due to your injuries. Luckily, you can seek to recover compensation for hospital visits, surgery, x-rays, rehabilitation, prescriptions, ambulance rides, wheelchairs, and more.
  • Lost wages. You’ll probably need to take time away from work to recover from the injuries you sustained in a truck accident. Lost wages include the past, present, and future loss of income you may experience while you focus on recovery.
  • Loss of earning capacity. Following an accident, you may have developed a disability or injuries so grave that you’re unable to return to work. When this happens, it can be difficult for you to support yourself and your family. Fortunately, you might recover compensation for your loss of earning capacity as a result of your accident.
  • Property damage. You can recover damages for all property damaged, destroyed, or declared missing in an accident.
  • Pain and suffering. You can receive compensation for the pain and suffering you’re forced to endure as a result of your accident.
  • Emotional distress. A truck accident can be so traumatic that you develop emotional or mental disorders such as depression, anxiety, or post-traumatic stress disorder (PTSD). You can recover damages for the emotional distress caused by your accident.
  • Loss of enjoyment. Unfortunately, you may no longer be able to participate in activities you enjoyed prior to becoming injured or disabled in your accident. While there is no replacement for your quality of life, you have the ability to recover compensation for your loss of enjoyment of life.
  • Punitive, or exemplary, damages. Exemplary damages may be awarded in cases where it’s clear that the accident was caused by another person’s malicious intent to cause you harm. If this is the case for you, a court may award exemplary damages in addition to other compensation available to you.

Oakland and Greater California Accident Statistics

Truck accidents occur every day throughout the nation. Here’s what the numbers look like in Oakland and Greater California:

According to the California Highway Patrol, there were 6,897 drivers injured in truck accidents, on top of an additional 327 deaths in 2017.

Data collected by the California Office of Traffic Safety reveals that 2,502 residents of Oakland were killed or injured in traffic accidents in 2018.

The Insurance Institute of Highway Safety recorded a total of 4,119 deaths involving trucks across the U.S in 2019.

Contact an Oakland Truck Accident Attorney

If you’ve been injured in a truck accident in Oakland that wasn’t your fault, contact OnderLaw today. Call us or visit us online to schedule your free consultation. Again, we don’t require a fee from you unless we get money for you.