FAQs Related to Truck Accidents in California Answered

Truck Accident Lawyer
Truck Accident Cases

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 inflammable things.

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.

People in California have different doubts regarding filing a lawsuit against truck accident cases. The most frequently asked questions by Californians are answered below:

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 accident.

Can I get compensation for loss of work if I get involved in a truck accident?

Yes, the 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 deserve.

Truck Accident That Can Ruin your Successful Claim

Truck Accident Lawyer
Truck Accident Claim

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 Immediately

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 settling initially.

Seeking the 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.

Three Potential Pitfalls That Can Ruin Your Truck Accident Claim

Truck Accident Attorney
Truck Accident Claim

Truck crashes are likely to result in catastrophic injuries because of some obvious reasons. However, unlike other accident cases, it will not be that easy for you to find a truck accident attorney and file a lawsuit following a crash. In fact, filing a truck accident lawsuit is relatively complicated and there are many pitfalls that an unskilled person is likely to fall. While certain mistakes are likely to ruin your accident claim, some missteps in sharing or handling information can cause disputes with insurance companies. Three of those mistakes that you must avoid at any cost are listed below. 

Prompt medical care

Some people tend to avoid taking medical care following the truck crash, especially if they have mild injuries. However, insurance companies may find this step as a discrepancy in your accident claim regarding the severity and cause of your injuries. Hence, it is crucial to take medical assistance right after a truck crash irrespective of severity of your injury if you intend to move forward legally. Furthermore, some injuries that might seem simple at the beginning may become severe over time. Plus, you are likely to experience some symptoms related to the injuries only after a few days.

Police report

A police report is regarded as an important piece of evidence while evaluating your case. So, it is extremely important to call the police to the accident spot and document things on-site to get maximum benefits. Sadly, some victims tend to overlook this step. In that case, it will be challenging for your truck accident lawyer to prove the opposite party’s fault and your injuries are resulted from the truck crash. Note that the points such as the cause of crash determination and investigation notes will be documented in police reports.

Pictures and videos

Another sound piece of evidence that can yield maximum compensation for your truck accident case is the photos and videos taken at the crash scene. It is not necessary that the victim must capture the photos and videos. In fact, the victim would be badly injured at times and may not be in a condition to do this. In that case, anyone can click the pictures and videos on your behalf. Make sure that these pieces of evidence are perfect to prove the negligence of the truck driver and the cause of the crash. Take the photographs of your injuries as well. Sometimes, witnesses would have taken the videos or photos of the accident. Hence, it is necessary to obtain their contact information. Better, document it in the police report.

Potential Steps to Take After a Truck Crash

Truck Accident Attorney
Truck Accident Lawyer

Trucks rolling on the roadways are one of the common scenes in the United States. Obviously, the number of truck accidents as well is high here. However, a truck accident is different from most other road accidents; be it the case of weight, size of vehicles, the intensity of accidents, the severity of damages, claiming for damages, etc. Plus, you can hold multiple parties responsible for a truck accident. All these factors may, however, confuse people. Unsurprisingly, some truck accidents victims tend to take some missteps that can entirely ruin their case out of this confusion. To tackle this, there are four important points that a truck accident victim must do post the crash.

Seek medical attention

The first step you must take after a truck accident is to take medical assistance. Needless to mention, your safety and health are the most significant factors here. Sometimes, you may miraculously escape from the truck crash with some mild injuries. However, seeking medical attention is mandatory in this case as well. Note that you cannot rule out the chances of an underlying injury such as hairline crack, internal bleeding, etc., unless you get yourselves checked thoroughly. Additionally, some injuries will not show any symptoms or pain until later. Besides, not seeking medical attention can ruin your claim and it will be hard for you to prove that you were injured because of the truck accident. If you are worried about the medical expenses, you can claim for it later.

Report the accident

Another important thing that you must do after a truck crash is to call the police and report the case. Never ignore this step even if the accident caused little or no damage. It is to be noted that reporting accidents are required by the law. Plus, you can use it as a piece of evidence while claiming for your damages in court.

Contact your insurance company

This is one of the most crucial steps and you must never miss it at any cost. Note that contacting your insurance company and filing a report is important to get a favorable result. In case you are not in a condition to file the report by yourselves, any of your close family members of your truck accident attorney can do the job. Note that the latter will be a better option since an expert truck accident lawyer will be able to deal with your insurance company agents well.

Never speak to the insurance agents of the defendants

The insurance agents of the defendant might try contacting you. If possible, try to avoid them. Otherwise, talk to them as little as possible. Note that they will be so cunning that they may twist your own words against you in court. It will be really hard for an untrained person to resist their trap. Besides, never sign in any documents without consulting your truck accident attorney no matter what.

The Possibility of your Truck Accident Injury Claims Going to Trial

Truck Accident Attorney
Accident Injury Claims

Unlike most other road accidents, truck accidents can end up with devastating and traumatic results. Mostly, the victim will have to suffer from catastrophic injuries such as spinal or brain damages, multiple fractures, amputation, etc. Hence, it is significant to hire a truck accident attorney and file a truck accident lawsuit against the person who caused the accident. This way, you will get coverage for your financial loss including lifetime treatment, transportation, loss of income, etc. Plus, you can claim compensation for your emotional stress, pain, and mental suffering.

However, most personal injury cases including truck accident claims are usually settled out of court, particularly when multiple parties are involved. Note that most people who are held liable for the accident may prefer to get over with the case as soon as possible and may offer fair compensation to the victim. This is a good option for victims as well since they will not have to wait for a longer period of time to obtain their compensation. Nevertheless, there are certain instances when the truck accident cases or any other personal injury cases go to trial. Some of those circumstances are listed below.

  • The involved parties do not offer the complete compensation that the victim is entitled to
  • When the accused or the involved parties do not agree on the level of their negligence or fault that lead to the accident
  • The accused opt to provide coverage only for physical injuries. As mentioned earlier, a truck accident victim is entitled to get compensation for financial loss, pain, and mental stress as well.

Even though it may take months or even years to settle your case through the justice system, it will be the only way to obtain the compensation that you deserve in certain cases. Furthermore, some people will be confused about whether or not to agree to out of the court settlement. For this, it is recommended to consult an experienced truck accident attorney and discuss different aspects of the case and come to a conclusion. The main factors that your truck accident lawyer may assess to solve this dilemma may include;

  • If the settlement amount is enough for the victim to recover from the injury?
  • Does the settlement amount be sufficient to deal with the medical bills as well as the present and the future treatment expenses related to the injury?
  • Can the victim cope up with the loss of income or ease his/her financial burden with the compensation amount?
  • Does the settlement establish the role of the defendant in the truck accident case?
  • Does the settlement is enough to compensate for the pain and suffering of the victim?

So make sure your lawyer assess all these points when handling your case.

Mistakes to Avoid When Walking on the Road

Truck Accident Law
Truck Accident Lawyer

Road accidents are not a new thing in heavily populated cities. However, in most cases, the people who are driving the vehicles will be held responsible for the accident. According to the California road accident law, it is the responsibility of the motorists to be cautious, careful, and take necessary steps to ensure the safety of pedestrians, no matter what. Actually, pedestrian safety must not be enforced on the shoulders of the motorists alone. Rather, the pedestrians as well must be careful and law-abiding when walking on the road.

Note that according to California Negligence Law, the compensation benefits for your road accident claim are determined on the basis of the claimant’s role in the accident. Hence, the compensation a careless pedestrian is likely to get will be way less when compared to what a survivor will get if the road accident is caused solely because of a negligent driver. Some of the common mistakes that pedestrians must avoid doing while walking on the road are listed below. Avoiding these mistakes are really important to ensure your safety as well as to obtain a decent compensation from the motorists in case of any unfortunate incidents.

Walking on the Road with a Distracted Mind

It is quite natural for people to have many problems in their life and to get distracted with many thoughts. Walking on the road in such cases can sometimes invite road accidents since you are likely to get in the way of an ongoing vehicle. Apart from day-dreaming, texting your friends, listening to music, playing games on your phone, etc., as well can lead to road accidents.

Walking Out of Designated Paths

There will be many designated paths on the road for pedestrians to walk on. Plus, you can see many marked crosswalks in order to cross the road. Always use these paths while walking. In case you cannot find a marked crosswalk, go to a well-lit area on the road where traffic is relatively less. Then, take your time and cross the road when the distance between you and the vehicles is really good so that you can make it to the other side safely. Similarly, if there are no sidewalks on the road, it is recommended to walk through the farther side of the road and never forget to walk facing the traffic.

Wearing Dark-Colored Clothes at Night

It is always better to wear bright and light-colored clothes while walking on the road at night, especially through poorly-lit areas. Otherwise, drivers will not be able to spot you easily, unless they reach so close. Undoubtedly, the chance of road accidents is more in this case. Furthermore, try to walk through well-lit areas at night even if you are wearing bright or light-colored clothes.