If you are involved in a truck accident, it can be a devastating
experience for you. Such an accident can result in severe damages and can cause
serious injuries for those who are involved in it. If you or your loved ones
encounter such an incident, then it is important for you to know that you can
file a lawsuit to claim compensation for your losses. A truck accident attorney
will help you to file your claim in the court.
A truck accident attorney will be specialized in truck accident cases.
So they will have vast knowledge in such cases and can handle your case really
well. Therefore, if you become a victim of a truck accident, never forget to
contact a truck accident lawyer to claim the compensation that you deserve.
They will assist you throughout your case until you succeed. Following are some
important factors that a truck accident attorney can help you with:
To Find Out the
Factors Affecting your Case
An average person may not be aware of the laws and statutes regarding
an accident case. But a truck accident attorney will have good knowledge about
these laws and can find out which laws can favor your case. He/she will guide
you through the legal procedures associated with your case.
A good truck accident lawyer will help you determine who is liable for
the accident. In case of a truck accident, the truck driver, trucking company,
cargo loading company and even truck part manufacturers can be held responsible
for the accident. The attorney can find out who is at fault and will assist you
to sue the right parties responsible for the accident.
The attorney will also collect the evidence that is relevant for your
case. He will inspect the accident scene and will gather evidence and witness
testimonies to use in the later stages of your case. The truck accident lawyer
will also examine the truck driver’s employment history, details about the
trucking company, damages caused to your vehicle, your medical records as well
as injuries sustained, and also the cause of the accident.
The attorney will also help you to estimate your damages. You can get compensation for the property damages and also for your injuries. An experienced truck accident attorney can identify all the damages and will be able to ensure you maximum compensation based on the damages.Go to this website for details.
liability in case of a truck accident will be one of the primary concerns a
victim will have to face when filing a lawsuit for recovering the losses. The
liability of a truck accident depends on certain factors. If the driver who
caused the accident is an employee of the trucking company, then you can sue
the trucking company for the accident. But in some cases, the driver might be
an independent contractor who works for the company, and hence the driver will
have the sole responsibility for the accident in those cases.
It is important
for the victim to know about the relation between the driver and trucking
company to decide which all parties should be included in the lawsuit. A truck
accident attorney can help you to investigate about the connection between the truck
driver and the trucking company to find the right parties to sue when filing a
Who are the potentially liable parties?
The truck driver: If the truck accident was caused by the driver’s fault, then he/she will
have to bear the responsibility. The reason for the accident might be the
violation of the law by the truck driver. The distraction or negligence of the
truck driver can also result in an accident. For all these causes, a truck
driver can be held liable for the accident.
The trucking company: In some cases, the trucking company who hired the driver can be also
held liable for the accident. If the driver has some previous records of
violating laws, or drinking problems or drug addiction, then the company
committed a mistake by hiring such a person. So the company can be held liable
for the accident such a driver caused.
when the trucking company can be held liable are; if the company failed to
inspect and maintain the truck properly, or neglected to take safety measures,
or has given over stress for the driver to meet the deadline. In such cases you
can sue the trucking company also.
The cargo loaders: If the cargo on a truck is not loaded properly, there is a high
possibility for its contents to fall off and create damages. In those cases,
the cargo loaders will also bear the responsibility of the accident.
When the reason
for the accident is the malfunctioning of some truck parts then the
manufacturers will be the party who held responsible for the accident. If you
get involved in a truck accident caused by the improper working of truck parts,
then you can file a lawsuit against the manufacturers with the help of a truck
Most accidents in
which trucks are involved results in severe damages. As commercial trucks are
really heavy than passenger vehicles they might cause quite a destruction when
involved in an accident. The severity of the situation will be even more
dangerous if the trucks are carrying hazardous materials like chemicals or any
If you are
involved in a truck accident you will get a reimbursement for the damages and
injuries you suffered. You can consult a truck accident lawyer to know about
the procedures for filing a lawsuit to claim money for a truck accident case. A
California truck accident lawyer will be experienced in such cases and you can
rely on them to fight on your behalf for the right compensation you deserve.
California have different doubts regarding filing a lawsuit against truck
accident cases. The most frequently asked questions by Californians are
Can I sue the trucking company for the accident?
It depends on the
situation. If there is an established relationship between the truck driver and
the trucking company, you can sue them. In such cases the trucking company will
be held liable for the accident under a legal theory called “respondeat
superior.” But if the truck driver is an independent contractor working on
behalf of the trucking company, then proving the liability of the company can
be difficult. In this situation, the amount of supervising done by the company
will become an important factor.
Can I sue the loading company for my injuries?
This is possible
if the cargo was not properly loaded. If the loading of cargo to the truck is
done in an unsecure and unsafe manner, then it will eventually lead to an
accident. In such cases, you can also sue the cargo loading company for the
Can I get compensation for loss of work if I get involved in a truck
compensation you receive for truck accident cases can also include your loss of
pay because of the accident, and also the loss of earning capacity resulted
from the accident. A truck accident lawyer will help you calculate the amount
you can claim based on the damages you suffered.
Is it important to hire a truck accident lawyer?
Yes, it is
important to hire a truck accident lawyer before filing a lawsuit for claiming money
if you get involved in a truck accident. A well experienced lawyer will help
you to analyze the situation and decide on the right amount to claim. If you
have to take the case to court, he will fight for you to get the right amount you
One of the major causes of truck
accidents in California is drowsy driving. Such crashes often results in
catastrophic injuries since the driver is unlikely to have control over the
truck. On top of that, it is extremely challenging to prove drowsy driving
cases since there are no objective tests to prove fatigue and drowsiness. Plus,
truck drivers are unlikely to admit that they were behind the wheels for a long
period of time.
When it comes to drunk driving,
your truck accident attorney
will be able to prove the liability easily by doing some tests to check the
alcohol content in the blood of the defendant. To tackle this issue, the
Federal Motor Carrier Safety Regulations have put forward some rules so that a truck wreck lawyer can prove
liability easily in case of drowsy driving crashes as well.
Trucking rules to prevent drowsy driving
One of the major rules that were
aimed at preventing collisions because of drowsy driving is the Hours of
Service. According to this regulation, truck drivers are given an ultimatum regarding
the time limit that they can spend behind the wheels. They are also expected to
take mandated rest in between for a few hours. The regulation mainly imposes a
number of limitations on the truck drivers who transport cargos in commercial
trucks. A truck accident
attorney can easily prove the liability by proving that the defendant
failed to follow any of these rules. Some of those crucial rules include;
The maximum hours a trucker can drive over the
course of the day is 11
A truck driver can be on duty only for 14 hours
a day. In other words, a trucker must have 10 consecutive hours of off duty
Usually, truck drivers are unlikely to spend
their rest time in the trucks. However, if a driver has sleeper birth provision
in his truck, they are expected to take advantage of it. According to the rule,
the drivers must be on the sleeper birth for at least eight hours during their
The long-haul truck drivers who often drive a
lot are expected to take a mandated rest of minimum 30 minutes after driving
the vehicle for consecutive 8 hours.
When it comes to driving hours, the maximum
limit a truck driver is allowed to drive over a seven-day and eight-day period
is 60 hours and 70 hours respectively. Once a driver reaches the limit, he must
take rest of at least 34 hours off duty
Drivers who transport passengers will have to
follow even stricter time limitations. Note that they can drive only up to 10
consecutive hours after which they will have to take rest at
least 8 hours off duty
As per statistics, truck collisions are more dangerous than the ones
involving only cars. Unsurprisingly, the truck accident victim is likelier to
have injuries which keep them from going back to their work. In the event you
were involved in an accident, you may be entitled to seek a disability claim.
It is still essential to properly assert your rights. That is where an
experienced and skilled truck wreck lawyer can help.
Types of Benefits
Available to a Victim
A short-term disability program bridges the gap between your
catastrophic accident time and the time where you establish permanent
disability status. The California State Disability Insurance program gives those
who work for companies, involved in the SDI program, a maximum of 52 weeks of
insurance coverage. The program benefits cover 60% to 70% of the income you
were making before your accident.
If you have had to reduce the working hours because of your accident
injury, then you may also be eligible for partial benefits. You will be
eligible for it even when you get different federal disability benefits, like
Social Security Disability Insurance (SSDI).
To get these benefits, you need to apply for the same inside seven
weeks of establishing that you cannot go back to work due to the injury. You
will also have to file a disability claim form duly signed by the right medical
Some individuals find getting the right medical practitioner or filing
their claim to be overwhelming following a truck accident. The concerned truck
driver may need to cope with the employer who fails to give the claim form the
driver needs, or who demands them to report back to work before they are able.
An attorney specializing in automobile and truck accident law can help you with
filing this claim and dealing with the employer.
In the event you cannot go back to work in the foreseeable future, you
may be able to apply for a permanent disability claim through the Social
Security Administration. The SSA bases the benefits on the number of years you
have worked and how much you have earned in those years. They manage two kinds
of disability income: Supplemental Security Income and Social Security
Disability Insurance. As mentioned above, Social Security Disability Insurance
is calculated on the basis of factors like your average income in the period of
time you were employed. The benefits of Supplemental Security Income are
available to those with limited income who are disabled, blind or are aged 65
years or above. You may be able to collect both SSI and SSDI at once.
Injuries Which May
Deserve a Disability Benefit
As said earlier, you should apply for SSD benefits and will have to
provide documentation that explains why you cannot go back to work. Some of the
injuries which may qualify the accident victim for SSI or SSDI benefits can
include the following.
Seriously injured legs or arms
Post-traumatic stress disorder
Partial or full paralysis
How to Fight the
Denial of a Disability Claim
There are several reasons your SSD or SDI claim could be turned down.
Some of the common reasons for denial include the following.
Lack of medical evidence that can be verified
Earlier denials of a claim similar to this
Not cooperating with agency personnel who evaluate your claim
Not following your treatment plan
Besides the above, several truck accident victims find that the
injuries they sustained are challenged by the company which employs them. Rely
on a law firm with experience to help you file your claim again to make a
relatively more convincing case.
versus Injury Lawsuits
When you have sustained life-changing injuries in an accident of this
kind, SSDI/SSI and SDI can provide access to the funds you need for daily
survival, medical requirements and to give your family. A rather important
source of income will likely be found by filing an injury lawsuit against that
negligent driver, who is to blame for your injury.
Many parties can be found by the court or jury to be guilty in a truck
versus motorcycle or passenger car accident. They can include the truck’s
manufacturer or mechanic, the driver’s employer or their shipping agent, and
the agencies responsible to ensure road conditions are safe. Even when you are
found to be partially guilty for the truck accident, you may seek damages in
the event the other parties are more at fault.
Disability originating from the accident can play a big role in your
injury case. The disabling injuries you sustained may factor into the
The loss of your future wages
Punitive damages when the negligence was intentional or extreme
Gathering evidence right at the accident scene as soon as you can is
an essential part of seeking compensation for damages based on your disability.
It is also important to make your injury case persuasively. Your odds of
winning a settlement or the grant at trial which you deserve will improve
considerably when you retain the services of an experienced injury attorney.
An accident with a huge commercial truck can be very dangerous and
could be life-threatening. Truck accident victims usually face much pain along
the journey to recovery because of the depth of the injuries. This comes in
addition to medical bills and loss of time from work. Victims are confused by
the questions like how to reclaim the losses, and how to get back to their
normal life. Note that it is better to consult a truck accident lawyer to get
the compensations you deserve. Below is a discussion regarding the mistakes you
have to avoid to help you complete a successful claim.
Failure to Consult Medical Care
One mistake the casualties usually make is that they do not seek
medical care right after the accident. In several cases, the casualty has to be
carried away on an ambulance. Many people still refuse treatment or medical
attention right on the spot of the accident. This is a costly error. It is
possible that the accident seemed minor in the immediate aftermath. However, it
may turn out to be a damaging one and take weeks to find out. Sometimes, if you
do not seek treatment right away, the opposing party may accuse that the injuries
are not a result of the accident. Hence, keep the above point in mind.
Speaking to the Faulty
Driver or Insurance Agent
Many people speak to the driver at fault, the trucking company, or the
insurance executives before consulting a truck accident lawyer Los Angeles. You
may consider the exchange normal, but the things you say might end up working
against you in the eventual course of the case. It could even cut short the
amount you are eligible to claim. Hence, it is the right thing to let the lawyers
do the talking.
Settling Too Fast
The most common mistake seen among truck accident victims or driver is
that they tend to settle too fast. You may want to end the whole matter fast
and get along with your normal life, but this may affect the settlement amount
you acquire. Hence, remember to seek the best possible compensation instead of
Incorrect Settlement Amount
Sometimes people end up asking too much or too little as compensation
amount for the truck accident cases. This is a serious error as the insurance
companies might then view you as uninformed. Hence, make sure you take expert
help before you claim the compensation.
Make sure you do not commit the above errors as you go ahead with the
truck accident case.
One of the most terrifying and stressful moments in the life of a
person will be experiencing a crash. Things will be even worse if it involves a
commercial truck that can pose serious damage to the vehicle as well as
life-threatening injuries to the passengers involved. Unfortunately, as a
result of extreme stress and fear, most people may go numb and will not be sure
about the steps that are to be taken further.
Note that you can consult a credible truck accident attorney and file
a lawsuit to claim compensation for your damages. However, before this, you
must take some actions to strengthen your lawsuit and, thereby, increase your
chance of the win. In order to help you out with all the necessary details,
below are some frequently asked questions about truck accident lawsuits.
Can you File a
Lawsuit in California after a Truck Accident?
Any person who is involved and injured in a truck accident is free to
consult a truck accident attorney and file a lawsuit to claim his/her damages
in California. If the truck wreck lawyer of the plaintiff succeeded in proving
the liability of the truck driver or trucking company, the victim can recover
compensation for the following.
Loss of wages
Lost future earnings
Loss of consortium
Pain and suffering
Can you File a
Lawsuit if you are Partially Responsible for the Collision?
Yes, it is possible to file a lawsuit against the truck driver or
trucking company even if you are partially responsible for the collision. Note
that California State boasts comparative negligence law and hence, the victim
will be able to recover their damages whether or not they played a role in the
collision. However, the compensation amount that the victim is entitled to will
be reduced depending on their share of fault.
What are the Major
Steps One Must Take after a Truck Accident?
Firstly, seek medical assistance and make sure that there are no
hidden damages. In most cases, some injuries will be hidden and tend to show
off only after a couple of weeks or months. Plus, get a medical report
regarding the severity of your injuries. This will surely help you with the
case. Then, report a police case regarding the accident documenting every
significant detail. The police will report the case including your side of the
story as well as that of the other party’s and witnesses’. This will be helpful
to prove the liability of the opposite party in court.
What are the Pieces
of Evidence That you Can Collect from the Accident Site?
If you can, it will be better to collect important pieces of evidence
from the accident site. Note that the former ones are in the hands of medical
officers and police officers. If you can gather enough information from the
accident site that points to the negligence of the opposite party or your
innocence, it will be a huge brownie point for your truck wreck lawyer and you
are most likely to win the case. For this, make sure to collect information
such as driver’s license number, company information, license plate, contact
information, insurance information, etc. Additionally, get the contact number
or address of the witnesses as well.
Most importantly, try to click as many pictures as you can of the
accident scene. Haven’t you heard the phrase ‘a picture speaks louder than 1000
words’? On a related note, try to take the pictures of your vehicle from inside
and outside to show the damages. Moreover, try to include the pictures of the
truck that mainly reflects the cause and mode of the collision such as any kind
of obstructions, tire marks, damages on the roadways, etc. Finally, take
pictures of your potential injuries before getting it dressed. All these
factors will help you to seek the compensation that you deserve.
How to Deal with
the Insurance Company of the Opposite Party?
Once you file a lawsuit against the opposite party, their insurance
agents are likely to get in touch with you for out of court settlement. Note
that insurance agents will be skilled to trap the unskilled victims with their
words. In most cases, the victims are likely to blurt out something in their
present state of mind and the insurance people will try to use it against them
in court. Worst, if you signed any of their documents. Furthermore, they may
try their best to delay or deny their claim. Otherwise, they may try to trap
you with a lowball offer.
In order to tackle such issues, it is recommended not talk to them
unless accompanied by your truck accident attorney. Otherwise, make sure to
seek their suggestions at least. Needless to mention, with a credible truck
wreck lawyer on your side, you can make sure whether or not the compensation
amount that you are getting is fair. It is to be noted that skilled lawyers will
be good in negotiations as well as litigations.
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.
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.
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
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.
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
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.
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 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