Dealing with the Concerned Trucking Company after a Truck Accident

Truck Accident Law Firm
Truck Accident Laws

When a truck and a passenger vehicle are involved in a collision, the size and weight of a truck used to transport goods put those in a passenger vehicle at serious risk. These accidents usually result in serious bodily injuries and even demise.

If you were involved in a truck collision, then you may be having mounting medical bills as you require long-term treatment. You may have lost wages as you missed time on the job to recover from both your debilitating emotional trauma and injury. The experienced team of professionals at a truck accident law firm can help negotiate a reasonable settlement, while at the same time make the situation fair for aggressive trucking firms and their insurers.

Understanding the US Commercial Trucking Segment

American Trucking Associations reports the commercial trucking sector has to transport more than 70% of all shipment tonnage in the nation. Combined, these big automobiles have over 10 billion tons in freight annually, transported by over 3.5 million drivers.

Commercial trucking firms make more amounts of money by raising the number of products and loads they transport. This creates a perk to take shortcut routes and make safety less important than profit, expressly encouraging truck drivers to speed up, skip compulsory brakes, carry much more weight than what they should, or take other risks to safety.

As a result, around 5,000 individuals throughout the nation are involved in deadly truck-related collisions annually with thousands more severely injured. Loaded commercial automobiles can weigh maximum 75,000 pounds more compared to passenger vehicles, which mean those in the smaller autos are at a higher risk of getting fatally injured in an accident with a truck.

Trucking Companies and Legal Responsibility

Trucking businesses may be held liable for the negligence shown by the drivers they employ. Under the “vicarious liability” principle, employers are liable for the acts of their workers which fall in the course and scope of their employment.

Still, several truck drivers are regarded as independent contractors, not those working for trucking companies. They accept work on a per-job basis. Federal regulations can still help victims hold this type of company liable for accidents caused by those independent contractors.

The companies may also be held legally responsible when the collision was caused by one who had a poor driving record or sleep disorder or who was inexperienced or dependent on drugs.

An Overview of Truck Accidents

Truck Accident
Truck Accident Law

A truck accident differs greatly from a normal vehicle accident. It can be fatal at times. The heavy weight of the truck almost always adds to the effects that the accident can have on the victims. A fully loaded truck is supposed to be 25 times heavier than a normal car traveling on the road. This is one of the main reasons why truck accidents can be very catastrophic.

If you or a loved one has suffered injuries in a truck accident, you are eligible to get the compensation for the same through a claim against the liable parties. You may consult with an experienced truck accident attorney to know the right proceedings surrounding the claim.

Unique Danger Of Truck Accidents

It is common for people involved in a vehicle accident to get injured. This would normally be a direct result of the crash. While this is true in the case of truck accidents, there is another unique danger that comes along when a truck is involved. If the truck is loaded with hazardous or easily flammable material, there is a high chance for the victim to sustain secondary injuries which can increase the damages caused.

How Can You Prove Your Case?

Negligence is the key basis of any kind of personal injury claims which involve vehicle accidents. In the same way, a person who is injured in a truck accident should prove that the defendant was supposed to give reasonable care to the plaintiff, and that he breached his duty, which led to the plaintiff being injured.

Know the Defendants

In a truck accident case, the truck driver may not be the only defendant. There could be other potential defendants like the trucking company, employers, contractors, etc. who can be held liable for the crash. The potential defendants of each truck accident cases would vary depending on surrounding and conditions. If the truck driver is an employer of a trucking company, the company may also be held responsible for the accident caused by the driver due to his negligence.

If the truck driver is not an employer, but the independent contractor of a trucking company, the liability of the company in the accident will be determined by the extent to which the company supervises the work.

In certain cases—though rarely—the manufacturer of the goods carried on the truck can also become liable in a truck accident case. Since you may not be sure about the parties who can be held liable for the injuries you have suffered in a truck accident, it is better to seek the help of a truck accident attorney to know the possibilities of getting compensation in your case.

Ways to Preserve Evidence after a Truck Accident

Truck Accident
Truck Accident Law

In any accident cases, the preserving of evidence is very important in determining the success of the lawsuit. The same is the case with truck accidents. The collection of evidence after a truck accident is significant because it will help in determining the liability and calculating the extent of loss suffered by a victim. In the majority of the truck accident cases, the evidence must be collected soon after the accident.

The truck accident lawsuits are very complicated, and it will take many months to finally conclude the matter. However, the collection of evidence must be started as early as possible because there is a high chance for the evidence to be lost or to be destroyed purposefully by the opposite party. The preserving of the evidence will largely determine the strength of your claim.

Here are some important ways in which you can preserve evidence after you suffer injuries in a truck accident. If you are planning to make a personal injury claim in the future, keep these things in your mind.

Get Proper Medical Care

You need to seek medical help without hesitation because the documentation of the medical help you receive after the accident will help determine the severity of the injuries you suffered from the truck crash. Make sure that you preserve the medical records for future reference.

Get a Copy of the Accident Report Made by the Police

The police report will contain all the necessary information regarding the truck accident. This includes the details and statements of those who witnessed the accident and several other crucial information. Make sure you request a copy of the police report.

Make Use of Spoliation Letters

These are the official letters that you can write to a certain party, asking them to retain certain evidence that is with them. They may otherwise not be responsible to keep the evidence intact. Sending spoliation letters can assure that the evidence remains protected.

Visit the Accident Spot Again

There might be some evidence at the accident spot, which you might have overlooked before. Visiting the scene again will help you to find them and preserve them for later use. There might be some tire marks on the road or a CCTV camera nearby which may all turn out to be crucial evidence in the crash.

Along with these, keep the pictures of the accident scene in different angles to have a clear view of the crash later. Consult a truck accident attorney to know more about the collection and preserving of evidence after a truck accident.

Guide to Truck Accident Law in California

Truck Accident Attorney
Truck Accident Law

If you are in an accident that involves a commercial truck, you need to protect your interests immediately after ensuring medical care. Even if you were the driver of the California truck that was in an accident, the laws involved are quite complex when it comes to truck accidents. When the insurance agencies, other parties, and trucking companies are involved in the accident, getting justice becomes a complex process. This is why it is advisable to consult a truck accident attorney in such an event. Below is a discussion on the things you have to do after a truck accident.

Things to Do Right after an Accident

Who to Call

Call 911 is someone is injured. If there are no casualties, call local law enforcement and do not leave the site. If a large truck is involved, law enforcement has to visit the site to start documenting the location properly. It is possible that the driver’s employer or other people may have a responsibility along with the truck driver. Due to this, detailed police reports help string these incidents together. Regardless of your location, make sure you contact the insurance agency.

Collecting Information

Had over information with others who are a part of the accident. This includes details like contact information, name, license number, insurance information, and car registration number. While collecting information from a commercial truck driver ensures that they provide the commercial driver’s license (CDL) details.

Witnesses and Evidence

It is good to collect data or evidence from any witness of the accident. If you are able to collect photos of the vehicles or the vehicles involved from different angles, it will be useful for the trial. Do not forget to collect data regarding physical factors that might have led to the accident. This includes signs or branches that may have been in the site. This type of evidence has a way of being knowingly eliminated to erase the evidence. Therefore, prioritize photos.

DMV Report

Note that California’s laws require that all the parties submit their reports within 10 days of the accident if there are certain circumstances involved. This includes situations where a death or an injury is involved. It is also applicable for damages above $1,000. The report should be sent to the state Department of Motor Vehicles. If you have approached a trusted insurance agent or a lawyer, they could do this on your behalf.

Keep the above factors in mind when you are involved in a truck accident.

Common Causes of Truck Accidents in California and Ways to Avoid Them

Truck Accident
Truck Accident Law

Large truck accidents are some of the most dangerous and devastating of all motor vehicle accidents. The magnitude and load carried by these vehicles put all those involved in danger of suffering severe injuries. In the state of California, large truck accidents are responsible for 3.4% of injury-causing accidents. Note that they make up 9.7% of all fatal motor vehicle accidents. Below is a discussion on the common causes of truck accidents in California and a few tips to avoid them while on the road.

Prominent Reasons of Truck Accidents in Los Angeles County

Even though these accidents occur due to several reasons, a chief cause is behind all the major accidents of the kind where the truck driver was the accused: driving at an unsafe speed

Across the years, a considerable amount of accidents were caused by over speeding trucks. It is important to note that traveling at an unusually high speed does not equate to going above the allowed speed limit. For instance, the truck driver might have caused the accident by driving unsafely through unfavorable weather conditions like wet surfaces, low-visibility regions, or with ice or snow on the road.

A Few More California Truck Accident Causes

Other usual causes for California truck accident fatalities and injuries where the driver is at fault include the following:

• Inappropriate Turning

• Dangerous and unexpected Lane Change

• Automobile Right-of-Way

• Errors in Traffic Signals or Signs

• Hazardous way of Starting or Backing

• Driving Too Close to other vehicles

• Driving along the wrong side of the road

• Operating under the influence

• Pedestrians Right-of-Way.

Further, truck accidents may also result from equipment failures such as improper passing, falling asleep while driving, hazardous parking, or issues with lights and brakes. Though these are associated with the truck driver, it could happen to anyone driving the opposing vehicles.

Tips To Avoid Truck Accidents in Los Angeles

Generally, all safe driving principles help stay safe during drives. Besides, every driver has to:

• Obey the traffic safety laws strictly, such as traffic signals and speed limits

• Keep away distractions and maintain focus on the road and the surroundings

• Never drive under the influence of alcohol or drugs

• Ensure adequate sleep and rest—fatigue makes drivers equivalent to drunk drivers

Above are some of the main reasons behind the Truck Accidents in the state. Make sure you follow the safety tips strictly for a safe drive.