FRESNO TRUCK ACCIDENT ATTORNEY

Every case is different. But in all personal injury claims, there are a few elements that we look at to see if you might have a case. We check to see if:

• There were damages. Personal injury lawsuits are filed to recover “damages.” These include costs like medical expenses, lost wages, and pain and suffering. An injury must have significant associated costs to qualify for a lawsuit, which vary by state.
• Someone else was at fault. To get compensation from someone else’s insurance company, they must have acted negligently in a way that caused or contributed to your injuries.
• There’s enough insurance coverage. Personal injury claims are typically pursued through insurance policies rather than directly against individuals. The at-fault party must carry sufficient coverage to pay for medical expenses and fairly compensate the injured person for their losses.

Not sure if you have a case? Get in touch. We're here to help.

If you’re wondering what to do after being hit by a semi-truck, your priority should be safety and seeking medical attention. 

If possible, move your vehicle out of traffic and to a safe location. Then, call 911. Report the accident and request medical assistance for anyone injured. Even if you feel fine, some injuries may not be immediately apparent. A medical evaluation helps document your condition for your claim. Having professionals tend to your injuries also creates a medical record that can be used as evidence in court.

Collect information from the truck driver, including their name, contact details, insurance information, trucking company name, and license plate number.

While a photograph of a license plate can help in many auto accidents, commercial truck accidents can be different. Having the license plate number of a truck won’t always suffice when attempting to collect driver information, as many trucks are often leased through a third party. As a better solution, take a photo of the driver’s door with the U.S. Department of Transportation number (US DOT number). This identifier will enable your legal team to get the driver’s name, address, insurance information, and trucking company.

Take photos of the accident scene, vehicle damage, road conditions, and any visible injuries. This evidence can be helpful for your case. You can also get contact information from any witnesses who saw the accident happen.

Avoid making statements that could be interpreted as admitting fault, such as “I’m sorry” or “I didn’t see you,” as they could be used against you later.

As a final step, consider contacting Morgan & Morgan. Our team can provide a free case evaluation to help you understand your legal options and take the first steps toward moving forward.

There are legal time limits for how long you have to file a personal injury claim after a truck accident. This is known as the statute of limitations. The deadline varies by state and the specific circumstances of the case, but it is generally limited to a set period of time from the date of the accident.

In some situations, different rules may apply, such as:

• When the injured person is a minor
• When a government entity is involved
• When injuries or damages are discovered later
• When the claim involves wrongful death

Because these deadlines are strictly enforced, missing them can prevent you from recovering compensation. Speaking with an attorney as soon as possible can help ensure your claim is filed on time and your rights are protected.

The time it takes to resolve a truck accident claim can vary depending on several factors, including the complexity of the case, the severity of the injuries, and whether the case is settled or goes to trial.

Some claims may be resolved in a matter of months through settlement negotiations, while others can take a year or longer, especially if liability is disputed or litigation becomes necessary. Cases involving commercial trucking companies often require more extensive investigation, which can also impact the timeline.

Factors that may affect how long a case takes include:

• The extent of your injuries and the length of medical treatment
• Whether the fault is clearly established or contested
• The number of parties involved (such as trucking companies or insurers)
• The willingness of the insurance company to offer a fair settlement
• Whether the case proceeds to litigation or trial

While it may take time to reach a resolution, moving too quickly can sometimes result in accepting less than the full value of your claim. An attorney can help guide the process, protect your rights, and work toward a resolution that reflects the full extent of your losses.

Morgan & Morgan works on a contingency fee basis, which means you don’t pay anything up front. The Fee Is Free™; you only pay if your case is successful.

Instead of charging hourly rates or requiring advance payment, the firm receives a percentage of the compensation recovered through a settlement or court award. If no compensation is recovered, you don’t owe attorney’s fees.

You can also start with a free case evaluation, where an attorney reviews your situation, explains your options, and answers your questions with no obligation to move forward.

The exact percentage may vary depending on factors such as the complexity of the case and whether it is resolved through settlement or goes to trial. More complex cases, especially those involving multiple parties or litigation, may require additional time and resources.

This type of arrangement allows individuals to pursue a claim without taking on financial risk, while aligning the attorney’s interests with the outcome of the case.

Victims of truck accidents may be entitled to various types of compensation, including:

• Medical expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medications, and physical therapy.
• Lost wages: Compensation for income lost due to injury and any future earning potential if the injury impacts your ability to work.
• Pain and suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
• Property damage: Reimbursement for the repair or replacement of your vehicle and other personal property damaged in the accident.
• Loss of consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
• Punitive damages: In cases of extreme negligence or recklessness, the court may award punitive damages to punish the wrongdoer.

Once you retain truck accident legal representation, your lawyer can evaluate the types of damages that pertain to your case and what fair compensation may look like.

No. Consultations at Morgan & Morgan in Fresno, California, are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our truck crash lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer—you hire the largest personal injury law firm in the country, with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

Additionally, Morgan & Morgan has its own in-house accident investigation team, giving us a critical advantage in truck accident cases. Trucking companies deploy rapid response teams to accident scenes immediately, often arriving before police, to gather evidence that protects their drivers. Our dedicated investigators counter this tactic by conducting thorough independent investigations and preserving crucial evidence that could otherwise be lost or controlled by the trucking company.

Our investigators document physical evidence, interview witnesses while memories are fresh, and collect data from the truck's electronic control module before it can be altered. This rapid, professional response helps build stronger cases and often leads to better settlements for our clients.

Having this expertise in-house means we can deploy investigators 24/7 without relying on third-party contractors who may have conflicts of interest or divided loyalties. It's another way Morgan & Morgan levels the playing field against powerful trucking companies.

After your initial consultation, your legal team will arrange regular check-ins to review your case, share updates, and help you prepare for any next steps. Communication is ongoing, so you stay informed throughout the process.

Meetings can take place in person, over the phone, or virtually, depending on your needs and the specifics of your case.

The average settlement for a truck accident claim can vary widely depending on several factors, including the severity of injuries, the extent of property damage, and the circumstances surrounding the accident.

The most significant factor in determining a settlement amount is the severity of your injuries. Cases involving minor injuries, such as whiplash or bruising, may result in smaller settlements, while severe injuries like spinal cord damage, traumatic brain injuries, or multiple fractures can lead to much more substantial settlements.

Your medical bills play a crucial role in calculating your settlement. This includes costs for emergency room visits, surgeries, hospital stays, physical therapy, and any ongoing or future medical care. The higher your medical expenses, the larger your settlement is likely to be.

Fault in a truck accident is determined by examining evidence to establish which party’s negligence caused the accident. Key factors include:

• Police reports: Official reports provide initial assessments of fault based on the responding officer’s observations.
• Eyewitness testimonies: Statements from witnesses can provide insights into how the accident occurred.
• Accident scene analysis: Photos, video footage, and forensic analysis of skid marks or debris can help reconstruct the accident.
• Truck driver logs: These logs can reveal if the driver was in violation of hours-of-service regulations or fatigued.
• Vehicle inspections: Maintenance records and vehicle inspections can uncover mechanical failures or improper maintenance.
• Black box data: Most trucks have data recorders that capture speed, braking, and other key details leading up to the crash.

Fault determination can be complex, often involving multiple parties, including the driver, trucking company, and even manufacturers. A commercial truck accident attorney can help you gather this evidence and create an argument in your favor.

Truck accident claims can be complex and often involve multiple parties and detailed investigations. The process typically begins with a free consultation, where an attorney reviews your case, explains your rights, and discusses potential next steps.

From there, your lawyer will gather evidence such as accident reports, medical records, witness statements, and trucking data (like driver logs or black box information). In some cases, experts may be brought in to help determine what caused the crash and who is responsible.

Your attorney will identify all potentially liable parties, which may include the driver, trucking company, manufacturer, or others involved. Once the case is developed, they will send a demand to the insurance companies and begin negotiating for a fair settlement.

Many truck accident cases are resolved through settlement. However, if a fair agreement cannot be reached, your attorney may file a lawsuit and move the case into litigation. This can include exchanging evidence, taking depositions, and, if necessary, going to trial.

Throughout the process, your attorney will handle negotiations, advocate on your behalf, and keep you informed so you can make confident decisions about your case.

Truck accidents are more complex because they often involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and cargo loaders. Additionally, trucking companies are governed by federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), which adds another layer of legal considerations.

The severity of injuries and the higher stakes involved in compensation claims also contribute to the complexity. Big trucks can cause big damage—a lot more than the common small vehicle fender-bender.

A truck accident lawyer at Morgan & Morgan can guide you through the complex legal process so that all you need to worry about is recovering and moving forward with your life.

Truck accidents can happen for many reasons, but they are often linked to preventable factors involving driver behavior, vehicle condition, or cargo handling. Understanding what causes these crashes can help clarify how liability is determined. Common causes of truck accidents include:

• Driver fatigue: Long hours and demanding schedules can lead to exhaustion and slower reaction times.
• Distracted driving: Activities like texting, eating, or using in-cab technology can take a driver’s attention off the road.
• Speeding: Because trucks need more distance to stop, higher speeds increase the likelihood and severity of a collision.
• Improper loading: Unbalanced or unsecured cargo can shift, making the truck difficult to control or causing rollovers.
• Mechanical failures: Issues with brakes, tires, or other critical systems can lead to serious accidents if vehicles aren’t properly maintained.
• Driving under the influence: Alcohol or drugs can impair judgment, coordination, and reaction time.

In many cases, a truck accident is not caused by a single factor but a combination of issues. A thorough investigation can help identify what went wrong and who may be responsible.

Yes, you can often sue the trucking company if the driver was at fault for the accident. This is possible due to a legal principle called vicarious liability, which holds employers responsible for the actions of their employees while they are performing job-related duties. In the case of a truck accident, the trucking company may be held liable for the driver’s negligence or recklessness. 

Vicarious Liability (Respondeat Superior)

Respondeat Superior is a legal doctrine that makes employers liable for the negligent actions of their employees, as long as the employee was acting within the scope of their employment when the accident occurred.

In a truck accident, if the driver was performing their job duties (e.g., delivering goods, following a company route), the trucking company can be held liable for the driver’s actions, even if the company itself wasn’t directly at fault.

Negligence of the Trucking Company

In some cases, the trucking company may also be directly at fault, which strengthens the case against them. Common reasons include:

• Negligent hiring practices: If the company hired an unqualified or unsafe driver (e.g., someone with a poor driving record or inadequate training), they could be liable for negligent hiring.
• Poor training: If the company failed to provide adequate training for the driver, they could be held responsible.
• Improper truck maintenance: The trucking company is responsible for ensuring that its fleet is properly maintained. If a mechanical failure caused by poor maintenance contributed to the accident, the company can be sued.
• Violation of hours-of-service regulations: Truck drivers are subject to federal regulations that limit how many hours they can drive without rest. If the trucking company encouraged or forced the driver to violate these rules, it may be held liable.

Independent Contractors vs. Employees

Trucking companies may sometimes claim that a driver was an independent contractor rather than an employee in an effort to limit liability. However, courts may still find the company responsible depending on how much control it exercised over the driver’s work, such as setting routes or schedules.

Determining the driver’s status often requires a closer look at the working relationship, including the terms of the agreement and the company’s role in directing and supervising the driver’s activities.

Other Liable Parties

In addition to the trucking company and driver, other parties may be liable for the accident, such as:

• Truck manufacturers: If a mechanical failure caused by a defect contributed to the accident, the truck’s manufacturer could be liable.
• Cargo loaders: If improperly loaded cargo led to the accident, the company responsible for loading the truck could also face liability.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations. As America’s Largest Injury Law Firm with over 1,000 attorneys nationwide, we have the resources, knowledge, and dedication to fight for your rights. We’ve secured $30 billion for our clients nationwide, and insurers know we don’t back down.

If you’re in Fresno or the surrounding California area, our local team can help review what happened, gather records, and explain your legal options.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™; you only pay if we win.

Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.