Skilled Truck Accident Lawyers Serving Clients in San Francisco, CA
Injuries from a truck accident can be devastating. Our firm understands the hardships of recovery, as well as the financial strains one faces from medical expenses, property damage, and everything lost after a semi-truck collision. A San Francisco truck accident attorney at Walkup, Melodia, Kelly & Schoenberger can help you rebuild you and your family’s life following a catastrophic injury. Our injury attorneys are experts in handling cases where negligent and careless truck drivers and trucking companies have caused injuries to pedestrians, bicyclists, auto drivers, and motorcyclists.
We are members of the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA), an organization formed with the intention of making our highways safer and facilitating networking between lawyers who handle major truck injury collisions. As APITLA members, we are working to help eliminate unsafe and illegal interstate trucking practices. Through litigation, we are trying to help make our highways a safer place for our families, our clients, and all Americans.
Devastating physical injuries, and often wrongful deaths, due to unsafe trucking companies have become an epidemic on our nation’s highways. Walkup’s truck injury litigation team believes that we can bring about change by educating the general public, other lawyers, law students, legislators, truck lines, truck drivers, judges, and juries about the hard facts surrounding common unsafe or illegal trucking practices.
Liability Strategies
Prompt investigation, expert selection, collection of physical evidence, witness interviews (including video, still photos, charts, and official reports) are key to proving fault. When jurors, judges, mediators, and arbitrators see that gross negligence, Federal statutory violations, driver or corporate recklessness, or willful conduct are present, damage awards are increased. IN any trucking case our teams first job is to build a convincing case of fault supporting seven and eight-figure damages in settlements or verdicts.
Damages For Pain, Suffering and Disability
Clients injured in high speed trucking accidents have life altering residual complaints and limitations. For families who lose loved ones there is total destruction of priceless relationships, whether that is the loss of a parent, spouse, child, brother, sister or grandparent. California law tells jurors and judges to place a fair value on intangibles including neurologic injury, paralysis, emotional distress, fear, depression and the lost love, comfort, companionship, emotional support, that is gone. We work with our clients to build a picture of what is now missing and how their lives are changed. We create our own mini-documentary films about our clients and their loss. We educate judges, mediators, and jurors on the gravity of the harm that has occurred. We use data from other cases to show the amounts recovered in past cases to support seven and eight-figure settlement demands. We seek to obtain the largest amount possible for our clients based on all available evidence to fully respect the loss they have experienced.
Economic Harms
We make sure that our injured clients are fully compensated for all the economic losses they are owed under the law; parst expenses and earnings losses, future attendant care needs, in home nursing services, job and career retraining, lost earning capacity, loss of wages, loss of pension entitlement, loss of Social Security benefits, loss of medical insurance, and loss of all other economic benefits that have been experienced or that were being provided by their deceased loved one. Our clients are entitled to be made whole for any monetary losses they reasonably expected to receive. In some cases, punitive damages are permitted if the conduct causing the injury or death was malicious, oppressive, or fraudulent. Malicious conduct is that which shows a willful disregard for the rights and safety of others. Oppressive conduct subjects a person to cruel and unjust hardship in conscious disregard of their rights. Fraudulent conduct includes intentional misrepresentation or deception that causes injury.
Truck FAQ’s
What immediate steps should I take after a Delivery truck accident in San Francisco to protect my legal rights?
Victims in Delivery truck accidents face a unique set of challenges in the aftermath. If you have been hit by a delivery truck, your biggest priority is the same as ours: prioritize your safety. If you are able, make sure to pull your vehicle out of harm’s way to avoid traffic. Call 911 and get medical care immediately, even if you think you’re “okay.” Some injuries don’t show up right away, but they can turn serious fast and toughing it out does not benefit you or your case.
If you’re physically able at the scene, gather what evidence you can. Photograph the vehicles, license plates, damage, road conditions, and any visible injuries. Get the driver’s full name, the company they work for, insurance information, and DOT or plate numbers from the delivery vehicle. If there are witnesses, get their names and contact information. Most importantly, be sure not to leave the scene of the accident without the name of the investigating officer and the number of the accident investigation report.
Thereafter, make sure to retain evidence of your injury and medical treatment including medical records, bills, receipts, and any written communication with your doctors office about your care. Make whatever reports are required at your job to collect sick leave or avail yourself of PTO. These are small pieces of a bigger picture that will help strengthen your case and help your lawyer. In California, you usually have two years to file a personal injury lawsuit. But if the vehicle that hit you was owned or operated by a government agency, that window shrinks to just 180 days. That gives you just six months, which can feel like a week when you’re suffering from serious injuries.
At Walkup, our truck accident attorneys have taken on some of the most complex and catastrophic cases in the state of California, aggressively pursuing justice, protecting client interests, and fighting tirelessly to hold negligent drivers accountable for over five decades.
How can a San Francisco Delivery truck accident lawyer help me secure maximum compensation for my injuries?
When you’ve been hit by a delivery truck, you’re not just up against the driver; you are up against a company, its insurer, and a team of professionals working to limit what they pay. That’s where we step in, go to the scene, collect the black box data, pull maintenance logs, track down witnesses, and make sure nothing important gets lost or covered up in the process.
At Walkup, Melodia, Kelly & Schoenberger our attorneys look at the whole picture, from medical records and bills, lost time at work, future care, pain, disruption of your daily life, to the impact this crash has had on your family. We prepare every case as if it’s going to trial, because that’s what gets the best results.
What are the most common causes of Delivery truck accidents in San Francisco, and how do they affect my claim?
All accidents are not created equal. When it comes to Delivery truck accidents in San Francisco, the difference in size between panel delivery trucks, box trailers and semi-trucks makes it impossible to single out a cause for most accidents. That’s why our lawyers work with engineers who specialize in truck accident reconstruction. Our lawyers know what to look for in terms of the geography of the intersection or accident location, the size of the truck, the array of mirrors available to the driver, and the in-cab and exterior video that tells our team what to focus on in terms of operator negligence. Truck versus auto or truck versus pedestrian is any person's motorist’s worst nightmare. Distraction, inattention, fatigue, vehicle code violations or ignoring the rules of the road may all be to blame. Innocent drivers become traumatized victims in an instant, sustaining life-threatening injuries as a result of completely avoidable collisions.
Many companies employ drivers who meet expectations for safe and skillful maneuvering of delivery trucks, but those who don’t measure up are extremely dangerous. Delivery truck operation requires extreme care. Traffic and weather conditions, incorrectly secured loads, and faulty equipment are seen.
Our team will identify the cause of your collision. Our analysis of the fault will uncover whether the trucking company cut corners on safety. The Delivery truck accident attorneys at Walkup have decades of experience negotiating fair settlements for clients, going above and beyond to uncover negligence and holding the responsible parties accountable for the damage they have caused.
What is the deadline for filing a Delivery truck accident lawsuit in San Francisco under California law?
California law gives you two years from the date of injury to file a personal injury lawsuit. For victims under 18, the statute of limitations is two years from the child’s 18th birthday. If the truck is operated by a state, city, or county agency, a government claim must be filed within 180 days. Failure to meet these deadlines can result in a loss of your right to recover compensation, regardless of how serious the injuries are or how clear the liability was. That’s why you need a legal team that acts fast, protects your rights, and doesn’t let the clock run out.
What types of damages can I recover after a San Francisco Delivery truck accident?
Truck collisions often end in catastrophic loss because of the difference in size, weight, and mass between a passenger car and a delivery truck. The resulting injuries compromise careers and quality of life. Injured victims are entitled to both economic and non-economic damages. The full scope of compensation includes damages for physical pain and suffering, emotional distress, fear, anxiety, inconvenience and disfigurement. To this are added medical bills, past and future lost income, future care costs, lost insurance and pension benefits, and all other economic losses. We fight to ensure our clients receive the full amount of compensation they are entitled to.
At Walkup, our truck accident attorneys have secured millions for clients in cases like yours. We work with top experts in medicine, biomechanical engineering, accident reconstruction, vocational rehabilitation, neuro psychology, and economics to assess the full impact of your injury and fight to make sure you’re compensated for every dollar you are owed. We understand the devastating impact of a traumatic experience like this, and our team of results-driven, trial-ready lawyers is experts in building cases that provide clients with the compensation they deserve.
How do I select the best Delivery truck accident lawyer in San Francisco for my case?
Start by asking the right questions: Does the lawyer have experience with commercial trucking cases? Have they taken severe injury cases to trial? Do they understand the federal safety regulations and commercial insurance tactics involved? Do they understand the medicine that relates to the client's injuries and residual disabilities? Do they have a positive reputation with judges? Do insurers know them and fear them? The truck accident attorneys at Walkup, Melodia, Kelly & Schoenberger have managed some of the most complex and high-stakes trucking cases in California and won. We don’t just know the law. We know the courtroom, the experts, and the tactics the other side uses to avoid responsibility.
What risks do I face if I negotiate with trucking companies or insurers without a San Francisco lawyer?
Insurance claim adjusters and defense lawyers are trained to protect the company’s bottom line, not your best interests. After a delivery truck accident, you may be asked to give a recorded statement, sign paperwork, or accept a fast settlement before you even know the long-term effects of your injuries, see a specialist, or be notified if your health insurer is claiming reimbursement from you for medical expenses it has paid. A premature or “quick “ settlement cannot be undone or reopened. Once you settle, there’s no going back. And anything you say to insurance representatives of the wrongdoer can be used later in court to downplay the seriousness of your injury. Having an experienced, smart, trial-ready team on your side levels the playing field. At Walkup, we make sure every part of your loss is accounted for and help ensure no clients of ours are ever taken advantage of at any point in the process.
Can I afford a San Francisco truck accident lawyer while dealing with medical expenses?
Yes. At Walkup, we do not require any upfront payment or ongoing payments for legal fees or litigation costs. We believe an innocent person’s access to legal representation, as well as the right to recover the maximum amount owed in a trucking accident case, should not be dependent on your ability to pay. For that reason, we work exclusively on a contingent fee basis – we get paid only if you get paid. You pay nothing up front, and you owe us nothing unless we win.
There are no retainers, no hourly billing, and no surprise fees. If we recover compensation for you, our fee comes out of that result. If we don’t win, you don’t pay. It’s that simple. So, not only can you afford a truck accident lawyer, you can afford a team of lawyers whose priority is your best interest. Our team is trial-ready from the start because we don’t simply aim to settle; our goal is to make sure you receive the maximum amount available under the law.
How do federal and California trucking regulations impact my San Francisco truck accident claim?
Both federal and California state laws impose rules on commercial truck drivers and trucking companies. These rules cover everything from how long a driver can be on the road to how often a truck must be inspected. If you’ve been injured in a truck accident in San Francisco, your case may hinge not just on what occurred at the scene, but also on possible driver or employer violations of government regulations that led up to the collision. These violations don’t just show law violations; they help us build your case and secure the largest settlement possible.
What evidence is essential for building a strong Delivery truck accident case in San Francisco?
At Walkup, Melodia, Kelly & Schoenberger, we know there is no substitute for prompt investigation and preparation. Once retained ee mobilize quickly to obtain all crucial evidence. Building a strong delivery truck accident case in San Francisco entails scene visits, report acquisition, collection of site photos, videos, police body cam footage, witness statements, black box data, driver logs, maintenance records, and detailed medical documentation. Our attorneys collaborate with top experts to tell your story clearly and convincingly. It’s this level of preparation that helps us win.
Major Trucking, Transportation and Commercial Delivery Liability
At Walkup, our lawyers have years of experience representing clients injured by big rigs, tractor-trailers, delivery trucks, buses, and industrial vehicles. Our experience includes all types of collisions, including roll-over, rear end, crossing the center line, equipment failures, driver fatigue, state and federal hours of service violations, broker negligence, negligent training, and other causes. We have also successfully prosecuted cases, including shippers and freight brokers.
We have recovered seven and eight-figure sums for clients with catastrophic injuries, including traumatic brain and head injuries, spinal cord injuries, paralysis, limb loss, and wrongful death.
Examples Of Successful Representation In Trucking Accidents Cases
$45 Million: Adult v. Trucking Company – Settlement
$18 Million: Child v. Any Truck – Settlement
$15 Million: Cyclist v. Forest Products Distributor – Settlement
$11 Million: Traveler v. National Trucking Company – Settlement
$10 Million: Commuter v. Broker – Settlement
Negligent truck drivers and trucking companies must be held accountable for the accidents and injuries they cause. If you or a loved one suffered a brain injury in a semi-truck accident or paralysis after a commercial truck accident, contact our law firm.
Truck Accidents Are Often A Matter Of Size
The tremendous difference in size and weight between tractor-trailers and passenger cars usually spells disaster for motorists. It has been estimated that as many as 10 percent of all fatal motor vehicle accidents are caused by semi-trucks.
A semi-truck usually weighs in excess of 80,000 pounds and may be 65 to 75 feet long. Because of this tremendous difference in size and weight, big rigs produce distinct and peculiar issues in lawsuits: For instance, it takes a 40-ton 18-wheeler driving at 10 miles above the speed limit an additional 100 feet to stop. In many cases, this failure to brake correctly explains why big rigs are involved in rear-end collisions or overturns trying to avoid rear-end collisions.
Additionally, the size and configuration of semi-trucks, when traveling on city streets, present unique and unusual risks to both pedestrians and motorists as the following trailer swings widely left or right, “squeezing” pedestrians, automobiles and bicyclists who are otherwise observing the legal right of way.
Our Law Firm Know the Ins and Outs of Truck Accident Litigation
Walkup’s personal injury attorneys have experience resolving claims against big rig drivers and the companies that hire them. Semi-truck drivers and the companies they work for have a duty to operate their vehicles in a safe and responsible manner. Unsafe driving, loads that are too big or heavy, substandard equipment, dangerous tires, and other unsafe practices put innocent motorists at risk.
A San Francisco truck accident attorney on our legal team knows what to look for when analyzing commercial vehicle accidents. We are familiar with the unique issues that arise, the federal regulations, and commercial insurance issues that are involved, as well as the accident reconstruction problems that are unique to big rig accidents.
5 Common Trucking Accident Factors in San Francisco
Every traffic accident is unique, but certain factors tend to arise more often than others in truck crashes. The size, shape, and weight of commercial trucks make them more prone to specific types of accidents, such as rollovers and jackknifing. Analyzing the common contributing factors in serious commercial truck accidents can decrease your chances of becoming a victim. Here are five common factors that contribute to semi-truck collisions.
1. Truck Driver Error
The number one driving force behind truck accidents is human error. In 2015, 33% of truck drivers involved in fatal accidents had contributed to the crash in some way. Speeding is the most frequent truck driver error, followed by distraction, inattention, and impairment. Most commercial drivers are patient, skilled, and experienced, but critical errors in judgment can lead to a serious accident.
Driving a big rig is a difficult job that comes with pressures from employers, tight deadlines, and long hours on the road. Truck drivers can make mistakes such as driving drowsy or texting and driving, as well as speeding to make it to destinations on time. All of these poor decisions and mistakes increase the risk of serious collisions. Inadequate training and unrealistic schedules also add to the problem.
2. Other Drivers’ Errors
Truck drivers aren’t the only ones who cause crashes. Passenger vehicle drivers often make mistakes around big rigs, resulting in catastrophic accidents. Driving in a truck’s blind spots, cutting a large truck off, making a left turn in front of a truck, unsafe passing, and driving between trucks are all dangerous driver habits that can be deadly. Commercial trucks, which can weigh up to 80,000 pounds, cannot always stop or maneuver quickly enough to avoid a dangerous driver.
3. Poor Truck Maintenance
Large trucks travel millions of miles around the country every year. It is the trucking company’s job to keep all fleet vehicles properly maintained, no matter how far they have to go. This requires daily maintenance checks of the tires, fluids, lights, and major systems. Failure to keep the truck in proper working condition can lead to tire blowouts and vehicle breakdowns at dangerous times. A truck’s electronic logging system or black box can often record maintenance failures involved in accidents.
4. Bad Weather
While no one can control the weather, drivers should know safe best practices when there is rain, fog, snow, or high winds. Truck drivers should pull into rest stops if the weather is too dangerous to drive, or at least practice special braking techniques on slick roads. Unsafe driving such as speeding in poor weather is a recipe for disaster. Loss of vehicle control because of bad weather can be fatal.
5. Roadway Defect
Large trucks are not impervious to roadway defects such as bumps, potholes, and debris. Trying to maneuver around a defect in the road or a hazard such as a construction zone in a big rig is difficult. Truckers should do their best to avoid roadway defects, but in the event that one causes an accident, the city in charge of road maintenance may be liable for damages. Identifying the main cause of a trucking accident is the first step in assigning liability.
Identifying Negligent Truck Drivers and/or Trucking Companies
Big rig and semi-truck accidents can have many causes: bad driving, faulty equipment, wet roads, fatigue, violation of federal weight limits, inadequate training or licensure, road hazards, and truck driver negligence and recklessness. Thousands of untrained and unskilled commercial truck drivers are on interstates after getting fraudulent commercial licenses, according to government investigators. So far, fraudulent licensing schemes have been uncovered in 24 states, and there are 21 ongoing investigations in 13 other states, according to the Department of Transportation.
The schemes normally involve third parties offering to provide fraudulent documentation for money, and many target immigrants, officials say. “As a result, unskilled drivers could be operating commercial vehicles on the nation’s highways, creating significant risks for death, injury and property damage,” said a report last February from the U.S. Transportation Department’s Office of Inspector General. Our San Francisco Truck Accident Attorney knows a thing or two in regards to negligent truck drivers.
Driver fatigue may be a major factor in up to 40 percent of all heavy truck accidents. The risk of an accident dramatically increases after 10 hours of driving, causing deaths, injuries and accident-caused congestion. The Department of Transportation states that fatigue is a direct cause of 15 percent of truck accident fatalities and injuries, resulting in more than 750 deaths and nearly 20,000 injuries each year. Polls show that more than 80 percent of the public believes that fatigued drivers pose a serious danger to others on the highway and that their hours should not be increased.
Transportation experts estimate that as many as 30 percent of all commercial trucks on the road today exceed federal weight limits. Not only is this damaging to the nation’s highway and bridge infrastructure, but it’s also dangerous. Studies show that overweight trucks are more likely to be in accidents. They also roll over more easily and need more time and distance to stop. A truck weighing 120,000 pounds needs 50 percent more space and time to stop than a truck weighing the legal 80,000 pounds.
If a truck driver’s or trucking company’s carelessness caused your loved one’s traumatic brain injury or spinal cord trauma, we can help.
We have extensive experience handling semi-truck accident claims and lawsuits involving:
- Overloaded trucks
- Failure to keep adequate records of driver training and licensure
- Semi-truck rollovers
- Jackknife accidents
- Rear-end collisions
- Unbalanced or shifting loads
- Underride accidents
- Inadequate tractor and trailer visibility
- Semi-trucks merging into cars
- Driver fatigue
- Violations of federal trucking regulations
- Failure to repair and maintain trucks and equipment
- Driver DUI or drug use
Our San Francisco Truck Accident Attorney has more than five decades of success helping truck accident victims and their families receive the fair compensation they need for pain and suffering, lost wages, medical expenses, future care, and surgery, attendant care, and accommodations so they can live as full and fulfilling lives as possible after their accidents. We are skilled in trial, mediation, and settlement negotiations with trucking companies.
San Francisco Truck Accident Attorney Specializing Truck Injuries
Walkup lawyers belong to the APITLA, a national association of truck injury collision lawyers who share information and experts to bring justice to truck accident victims. A semi-truck, tractor-trailer or other commercial truck combination can weigh up to 80,000 pounds, while a passenger car may weigh only 3,000 pounds. This weight difference alone is one of the reasons why accidents involving semi-trucks often result in serious internal injuries, spinal cord injuries, and traumatic brain injuries.
At Walkup, Melodia, Kelly & Schoenberger, our Bay Area injury attorneys work with clients who have suffered spinal cord or brain injury, dealing aggressively with negligent truck drivers, trucking companies and transportation companies that cause semi-truck accidents.
We have secured millions of dollars in settlements and verdicts for our clients injured by truckers’ negligence.
Our track record in all types of cases speaks for itself. To put our experience to work for your family, contact a San Francisco semi-truck accident lawyer at Walkup, Melodia, Kelly & Schoenberger for a free consultation. Call us at (415) 981-7210 or contact the Walkup firm online.
