Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Jessica Burgoyne
Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
With unfailingly perfect weather, a vibrant craft beer scene, and the most popular zoo in the United States, San Diego may very well be a slice of paradise. But its myriad benefits come with some drawbacks, and one of those is the traffic.
Trucking accidents can lead to catastrophic injuries. When that happens, you want to work with the best attorney out there. We’ve created a list for you of the best truck accident lawyers in San Diego.
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Best Truck Accident Lawyers in San Diego
Summary: Best Truck Accident Lawyers in San Diego
Filing a Truck Accident Lawsuit in California
It’s easy to think that truck accidents are just bigger car accidents, but that’s rarely the case. There are specific laws and regulations that apply to commercial trucks that can complicate these cases. That’s why it’s so important to hire an attorney who is experienced with truck accidents. Here are some of the basics of filing a truck accident lawsuit.
California Statute of Limitations
The statute of limitations is how long an injured person has to bring a lawsuit against the person or party that harmed them. There are often different statutes of limitations for different sorts of lawsuits. In California, the personal injury statute of limitations is two years from the time of the accident or one year from the date the injury was discovered.
The second part is an important protection that not all states offer; it means that if you discover three years down the line that a truck accident caused spinal damage, you may still be able to recover damages. Speak with your attorney to find out specifics for your case.
California Laws for Truck Drivers
- Compliance with FMCSA Regulations. The Federal Motor Carrier Safety Administration regulates interstate trucking in the United States. They have specific safety requirements, including limits on how many hours a driver can work.
- Valid Commercial Driver’s License (CDL). These licenses have stipulations and requirements above and beyond a standard driver’s license. A license holder must be at least 18 to operate within California and at least 21 to operate on interstates.
- Stricter impaired driving laws. Commercial drivers are required to keep their blood alcohol content (BAC) at 0.04 or below. This is half the limit that is imposed on non-commercial drivers.
- Vehicle inspection. Commercial drivers are required to inspect their vehicles for damage before, during, and after driving.
- Hours-of-Service restrictions. Interstate limit is 14 duty hours, with 11 hours driving. Intrastate duty period is 12 hours and they may drive the entire time.
Identifying Fault for a Truck Crash
California is an at-fault state, meaning that the amount of damages that can be recovered is reduced based on each individual’s amount of fault. For example, if someone is determined to be 10% at fault for an accident, the maximum amount they can recover is capped at 90% of the amount of damages.
In addition, California uses a pure comparative negligence standard. Some states do not allow you to collect damages if you were 51% or more responsible for the accident. In California, though, you can collect even if you were 99% responsible. Someone in this situation would only be able to collect up to 1% of damages, though.
The determination of fault in California can be complicated and is ultimately decided by a judge or jury. This is one of the reasons it’s vital to have a skilled attorney at your side; they can help you prove fault in court.
How Can An Attorney Help You?
A truck accident attorney can take a lot of stress off your plate and allow you the time you need to heal. Some of the things an attorney can help you with include:
- Negotiating with insurance companies on your behalf. Most truck accident cases settle before they ever make it to trial. Your attorney will know how to fight to ensure you get all the compensation you deserve.
- Investigating your accident. Attorneys will often work with investigators to uncover additional evidence supporting your claim.
- Putting together a coherent narrative. Your attorney can help piece together exactly what happened in the accident, including evidence of fault against the party that injured you.
- Answering questions. You’re probably going to have a lot of questions about the process, and your lawyer will be able to answer these for you.
- Filing a lawsuit. If you and your attorney decide that going to trial is your best option, they will be able to file the lawsuit and make sure you’re prepared.
How to Find the Best Truck Accident Lawyer in San Diego, CA
It’s important to remember that there is no one “best lawyer.” There’s only the best lawyer for you. With that in mind, here are some suggestions for helping you find the right attorney.
- Ask for recommendations. Often, someone you know will have used a truck accident attorney recently. Ask for recommendations from friends and family.
- Contact the attorney’s office. Although you probably will not speak directly with the attorney when you call, see how you’re treated. Is the person on the phone friendly and warm? Are they no-nonsense and down-to-business? The staff members at a law firm can often give clues as to how the attorney(s) prefer to do business.
- Look for experience. Have they handled truck accident cases in the past? Can they provide you with the results of those cases?
- Ask about fees. Truck accident lawyers typically work on a contingency basis, meaning they only get paid if you win your case. Ask how much the fees are, and make sure they’re in line with what other lawyers are charging.
- Don’t be afraid to ask questions. Your attorney will be your guide through this process, and it’s important to work with someone you feel comfortable with. Ask questions, and make sure that your attorney is answering them in a way you’re comfortable with.
Methodology
To come up with the Best Truck Accident Lawyers in San Diego in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions
Do I need an attorney if my insurance company has already offered a settlement?
You’re not required to have an attorney, but it’s probably in your best interest to do so. Insurance companies often offer lowball settlement amounts just to see if you’ll accept. Keep in mind that there may be additional expenses you’re not considering when you’re looking at a settlement offer. An attorney can help you determine exactly what a fair settlement is and can help you fight for that amount.
Will I have to go to court?
Probably not. Most truck accident cases end in a settlement (although often not the first settlement offered). If your case does go to court, your attorney will walk you through the process and handle much of the work. It’s a good idea to hire a lawyer with courtroom experience in case this happens.
Is there a cap on damages in California?
There are a few situations where there may be damage caps, which are limits on how much you can collect, but these will probably not apply to you if you’re bringing a trucking accident case. In general, you should be able to ask for the actual amount that your injuries have caused (or will cause in the future). Your attorney will be able to tell you whether any caps apply to your case.
