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You Need a Lawyer Who Knows Trucking Law
A collision with a large commercial truck is devastating. It almost always results in serious personal injury. Whether your crash happened on the Pacific Coast Highway or the 73 Toll Road, you need a lawyer who understands the complex federal rules and tough tactics used by trucking companies and their insurers.
At Kohan & Bablove Injury Attorneys, our team fights to hold negligent parties accountable. We work to secure the full compensation you deserve. Don’t face these corporate giants alone. Contact us today for a free, no-obligation consultation.
Navigating the Aftermath of a Commercial Truck Wreck
A crash with a commercial truck is far more overwhelming than a typical car accident or a motorcycle accident. The size of these vehicles often leads to serious injuries. The legal picture is more complicated, too. Liability can extend beyond the driver to the trucking company, its maintenance contractors, and even cargo loaders.
These companies and their insurers send response teams to the scene fast. Their goal is to protect company interests, not yours. That’s why you need a specialized truck accident lawyer right away. At Kohan & Bablove, we launch our own investigation right away. We secure driver logs, maintenance records, and black box data while you focus on your recovery.
The Kohan & Bablove Advantage
Choosing the right lawyer shapes the outcome of your case. Our advantage comes from a proven strategy backed by a record of multi-million-dollar recoveries in trucking cases. We’re skilled at finding every liable party. This means going beyond the driver to the trucking company, maintenance crews, and cargo loaders. We lean on the trucking industry and accident reconstruction experts to build a case that’s hard to dispute.
Just as important, we prepare every case for trial from day one. This trial-ready approach pushes insurance carriers toward fair settlements. They know we’re fully prepared to fight in court if needed.
Critical Steps to Protect Your Rights After a Truck Accident
In the chaos after a truck crash, trucking companies and their insurers start building a defense against you fast. The steps you take early on protect both your health and your right to fair compensation.
Seek Immediate Medical Attention
Your health comes first. Even if your injuries seem minor, adrenaline can hide serious problems like internal injuries or a concussion. A prompt visit to a hospital like Hoag creates a medical record. This record links your injuries directly to the crash, and it becomes a cornerstone of your claim.
Report the Crash to the police or the CHP
An unbiased official report matters. Depending on where the crash happened, this might mean the Newport Beach Police Department or the California Highway Patrol. The officer’s report will include key details, witness statements, and often an early look at fault.
Document Everything You Can
If you’re able, take extensive photos and videos. Capture vehicle positions, damage to your car and the truck, license plates on both the tractor and trailer, company logos, debris, skid marks, and your injuries. Get contact information from any witnesses too, since their accounts can matter a lot later.
Don’t Speak With the Trucking Company or Its Adjusters
This is one of your most important protections. Trucking company adjusters aren’t on your side. Their goal is to get you to admit partial fault or downplay your injuries in a recorded statement. You’re not required to give one. Politely decline and let them know your attorney will be in touch.
Finding the Fault
The trucking industry is large, and many parties could share blame for your crash. Once we find the specific cause, it usually points right to who’s responsible. Parties who might be liable include:
- Truck drivers or owners
- Trucking companies
- Cargo loaders and dock workers
- Mechanics and maintenance staff
- Vehicle and part manufacturers
- Part installers
- Government entities
- Construction companies
- Safety inspectors
If more than one party played a part in your crash, we name each one in your claim. This helps maximize your compensation.
Before Dealing With Insurers, Arm Yourself With Knowledge
A commercial truck collision isn’t just a bigger car accident. It’s a legal fight against a well-prepared corporate opponent. That opponent sends a response team the moment the crash happens. Facing that alone puts you at a real disadvantage.
Protecting You From Insurer Tactics
The trucking company’s insurer will likely contact you fast, asking for a recorded statement. This is a trap. Adjusters are trained to ask leading questions meant to get you to accept partial blame. Under California’s comparative negligence rule, any fault assigned to you cuts your compensation directly. That’s why we handle all communication on your behalf, to prevent this mistake.
Identifying All Potential Defendants
Unlike a simple car crash, liability in a truck wreck rarely stops with the driver. A close investigation may find negligence by the trucking company for poor hiring, the cargo company for bad loading, or even a parts maker. Going after every possible defendant matters for full compensation.
Securing Critical Evidence
Commercial trucks carry evidence that can disappear fast, like driver logbooks and black box data. We act right away, sending a legal spoliation letter that demands this evidence be kept safe before it can be lost or destroyed.
Calculating the True Lifetime Cost
Truck wreck injuries are often severe, and their true cost goes well past today’s medical bills. It includes future surgeries, lost earning power, and chronic pain. We work with medical and financial experts to build a life care plan that captures your full future needs.
Common Causes of Semi-Truck Collisions
Truck crashes often come from broken federal trucking rules. Proving one of these violations is a strong way to show negligence.
Driver and company negligence. Federal rules limit how many hours a trucker can drive to limit the immense possibilities of drunk, distracted, or drugged driving. But companies sometimes set unrealistic schedules that lead to Hours-of-Service violations and driver fatigue. Companies also have a duty to check their drivers. Hiring someone with a reckless history can create liability for negligent hiring.
Mechanical failures and loading errors. Federal law requires strict maintenance schedules. A brake failure or tire blowout often points to a repair or installation problem, or sometimes a design flaw. Poorly secured or unbalanced cargo can also shift during transit and cause a driver to lose control.
External road and site hazards. Poorly maintained roads, faulty traffic equipment, or construction zone hazards can also play a part in a crash, even when a skilled driver is behind the wheel.
Building a Powerful Case: Our Evidence-Gathering Strategy
In truck accident cases, the side with the best evidence usually wins. Trucking companies know this. That’s why we move fast to build an equally strong case on your behalf.
- Spoliation letters. We send formal legal demands. These require the trucking company and other defendants to keep driver logbooks, maintenance records, drug tests, and electronic data.
- Depositions. We take sworn testimony from the driver, company managers, maintenance staff, and witnesses. We look for gaps in their story and safety violations that show negligence.
- Electronic Logging Device (ELD) data. This “black box” data can show speed, braking patterns, GPS history, and Hours-of-Service violations. It offers hard proof of what really happened.
Common Types of Truck Accidents We Handle
Not all truck accidents are the same. Each type comes with its own patterns and common causes.
- Jackknife and rollover accidents. A jackknife happens when a trailer swings to a 90-degree angle with the cab, often from sudden braking or lost traction. A rollover happens when a truck tips over due to speed, a sharp turn, or shifting cargo.
- Underride and override collisions. An underride crash happens when a smaller car slides beneath a truck’s trailer, often due to missing or broken underride guards. An override crash happens when a truck’s height lets it run over a smaller vehicle.
- Lost load and debris crashes. Cargo that isn’t secured well can fall onto the road, creating sudden hazards and chain-reaction crashes.
- Blind spot and wide turn accidents. Trucks have large blind spots on all sides. Drivers who fail to check mirrors or signal during wide turns can easily crush a nearby vehicle.
Injuries in Big Rig Wrecks
Truck accident injuries can seriously affect how you live and work. We work closely with your doctors to make sure every injury is written down and covered in your claim, since there’s no going back once a case settles. Common injuries include:
- Facial injuries and disfigurement
- Neck, back, and spine injuries, including paralysis or whiplash
- Internal organ damage
- Broken or fractured bones
- Limb loss or amputation
- Severe burns needing skin grafts
- PTSD and other mental health effects
Recovering Compensation for an 18-Wheeler Crash
A truck accident claim isn’t just about today’s bills. It’s about protecting your entire future. In the most tragic cases, we also offer caring legal help for families pursuing wrongful death claims.
Economic Damages
These cover real financial losses, including current and future medical costs, lost wages, and lower future earning power. This group also includes property damage and the cost of home, vehicle, or workplace changes tied to a new or worsened disability.
Non-Economic Damages
These cover the non-financial side of your injury, including physical pain & suffering, emotional distress, and lasting scarring or disfigurement. A loss of consortium claim may also apply when a severe injury affects a marriage or partnership.
Punitive Damages
When a trucking company or driver acted with extreme recklessness, like faking logbooks or forcing an unqualified driver onto the road, punitive damages may apply. These punish the defendant rather than pay you back directly, and we always check whether they fit your case.
Questions to Ask During Your Free Consultation
Your consultation is a chance to make sure your attorney has the right experience for a truck accident case. Consider asking:
- What’s your experience with federal trucking laws (FMCSA)? Look for real knowledge of Hours-of-Service rules, maintenance logs, and driver qualification files.
- Who are the potential defendants in a case like this? A strong attorney looks past the driver to the motor carrier, trailer owner, cargo loader, and maintenance contractors.
- How do you handle evidence preservation? They should mention sending a spoliation letter right away to lock down black box data, logs, and maintenance records.
- What’s your plan for multiple insurance carriers? Truck crashes often involve several policies, and a strong attorney knows how to go after every possible source of compensation.
- How does your fee structure work? A reputable firm works on contingency, meaning you pay nothing unless they win.
You Pay Nothing Unless We Win
We remove money barriers to justice. Under our contingency fee deal, you pay no attorney fees unless we win your case. We also cover the full cost of the case, including expert fees, so you never pay out of pocket. Our written agreement promises no hidden costs and no surprises.
California's Statute of Limitations for Truck Accident Claims
California law sets a strict deadline for filing a truck accident claim. In most personal injury cases, you have two years from the date of the accident to file a lawsuit. This window shrinks to just six months if a government entity is involved. Missing this deadline usually means losing your right to compensation forever, so contacting an attorney fast is essential.
Reach Out to a Newport Beach Truck Accident Attorney
Since you only have two years to file, and trucking investigations are complex, it’s smart to get started as soon as possible. Schedule a free case review with Kohan & Bablove Injury Attorneys by filling out the form on this page or calling 949.535.1341.
Address: 20371 Irvine Ave Suite 110, Newport Beach, CA 92660 Phone: 949.535.1341
