In the event of being injured after a truck collision, you would have to contact an attorney as a step to talk about your rights. That truck wreck lawyer would look at your incident and injuries to aid you in negotiating or winning an appropriate financial settlement. However, the fact is that nobody wants to be involved in a truck accident and the legal matters that follow it. Understanding how big trucks move on roads and practicing defensive driving will help to avoid both situations. Here are some ways to minimize the possibility of collision.
Leaving Enough Room Between Your Automobile And A Commercial Truck
The truck is large and it tends to be loaded with much cargo, so it has a longer braking time as compared to smaller automobiles. When tailing it, keep enough space to stop your vehicle safely behind it if it needs to brake suddenly.
Not Making A Hard Or Unexpected Stop When Driving Ahead Of It
As mentioned earlier, the overall weight of a truck means that it takes longer for its driver to stop it. Applying your brake too hard when driving before a commercial truck, may result in its driver not having sufficient time to stop it. In this case, that truck may hit the back of your vehicle or they may swerve off the roadway or veer into approaching traffic.
Not Being In The Commercial Vehicle’s Blind Spot
The phrase ‘blind spot’ refers to an area in which the view of a driver is hindered. There is a bigger blind spot for a truck driver as compared to standard vehicle operators. When driving adjacent to a truck or behind it, its operator’s face will usually not be visible in its side mirror. In this case, that truck operator is also unlikely to see you. When that driver cannot see you, he or she may try making a turn or entering your lane, which could lead to a crash.
Leaving Much Room So That Trucks Can Turn
When pulling your vehicle into the point where two streets or roads intersect, and a big truck is ahead, leave much room for the other driver to turn safely. Big trucks such as 18-wheelers have to make wider turns and frequently cannot be on the same intersection as the other vehicles when turning. You vehicle being in that turning vehicle’s blind spot could result in it colliding with your automobile.
Truck accidents can happen because of differentreasons including the negligence of the truck driver, carelessness of other drivers, malfunctioning of the truck parts, the problem with the loading of the cargo, etc. Sometimes the accidents can be a result of the shared fault of both parties involved. Then, such accidents can be considered as comparative negligence cases.
What is Comparative Negligence?
When both parties involved in an accident share the liability for the accident, it is referred to as comparative negligence. Here, a percentage of liability will be assigned for both parties based on their share in causing the accident.
Most people believe that if they are partially responsible for the accident, they cannot claim money. But in California, you will be allowed to recover money for the damages you sustained because of the accident even if you carry 99% of the responsibility for the accident. If you carry 60% responsibility for the accident, then you will be entitled to get 40% of the total claim amount.
Comparative Negligence in Truck Accident Cases
In truck accident cases, injuries for other parties involved can be quiet severe when compared to the truck driver’s injuries. Hence, people might think that the truck drivers will have to pay for the entire amount that the other parties claim. But this belief is wrong, as the truck drivers will have to pay the amount for the percentage of fault they carry. If the other parties involved in the accident are wholly responsible for the accident, then the truck drivers or the trucking company is not responsible to give compensation for the accident.
Consider a situation when a car crashes into a truck. If the truck driver was not violating any rules and was following the traffic safety guidelines strictly, then the car driver might be at fault for the accident. If the car driver was drunk and lost control of the car, then he violated the traffic rules. In this case, even if the car driver is severely injured, he may not be able to get any compensation from the truck driver, as he carries the complete responsibility of the accident.
In some other cases, the car driver as well as the truck driver can carry the responsibility of the accident. For instance, if the truck driver was using a phone and the car driver was taking a wrong turn when the accident happened, then both parties share the fault. In this case, the truck driver or the trucking company will have to pay for the damages incurred to the car driver based on the percentage of fault they carry.
All accidents can
be a devastating experience for the people getting involved in it, especially
if there were any serious injuries happened. Whether it is a truck accident,
car accident, slip and fall accident, or any other accident, you may encounter
certain injuries that can range from minor to major and even fatal. Hence, it
is important to consider such accidents seriously.
California is a
state that considers all types of accidents with utter seriousness. According
to the laws of California, if you get involved in an accident, there are
certain steps you have to follow. This is very important as it can affect the
lawsuit you file for claiming money to compensate for the damages caused by the
accident. These steps that are listed below might come handy to you if you or
your loved ones get involved in an accident ever.
Steps to take
You have to follow
some important steps if you get involved in an accident. This involves
collecting the details of the opposite party, contacting the emergency services,
collecting the evidence from the accident scene, etc. If the accident is caused
by a hit-and-run driver, then try to remember about the vehicle as much as
possible. You are obliged to keep an emergency kit in your vehicle, and also a
cell phone, a notepad and pen. Also, take photos of the scene with your cell
phone if you can.
Following are
important steps you should take after an accident:
If you not
severely injured, then call 911 immediately and this will bring emergency
services to your accident scene. Describe your location precisely for them to
reach you faster. If you have GPS, use it to pinpoint your location.
Make sure that all
the people involved in the accident are safe and away from the traffic lanes.
If the vehicles become inoperable after the accident, you have to seek the help
of a tow service for removing them from the scene.
Exchange
information with the other driver including name and other contact details.
Contact your
insurance company. Make sure not to admit the guilt or divulge any information
that could jeopardize your claim.
File an accident
report at a police station or with the California DMV online.
Do not make any
settlements before consulting your lawyer.
Access your
injuries and property loss for submitting them to your insurance company.
Contacting lawyers
When selecting a
lawyer for filing a claim in the court, make sure that you select an attorney
who practices in your particular area. For example, if you get involved in a
truck accident, it is better to consult a truck accident attorney rather than
any other attorneys. It will help you to ensure that the lawyer you select has
enough experience and knowledge in your specific field. Visit https://davidovichlaw.com/ for finding the best attorneys who have experience in different fields
including car, truck, motorcycle or any other type of accidents.
Commercial trucks seen on the roads are
much heavier and larger than normal passenger cars and this is one of the most
dangerous limitations of those vehicles, which makes driving near them
dangerous. Therefore, drivers of other vehicles need to exercise caution to
avoid the possibility of accidents with commercial trucks. Safe driving must be
practiced by drivers while they share the roads with big trucks.
Common
Dangers of Driving Near Commercial Trucks
Semi-trucks often have increased dangers
of driving around them, which can often lead to hazards. Some of the hazards
including passenger cars and semi-trucks include:
Larger
Blind Spots
Semi-trucks often have many blind spots
that extend on their front, back and sides for long ranges. Most truck drivers
would not be able to see other vehicles that are on the road in these blind
spots. This makes it very dangerous to drive them.
Longer
Distance and Stopping Time
Semi-trucks take a longer time to slow
down and stop due to their heavy size and weight. For the same reason, these
trucks will not be able to stop suddenly when something occurs all on a sudden.
Slower
to React
Commercial trucks will not be able to
react to traffic situations quickly, mainly because of their size. Making
changes in the lane and merging with it takes a longer time for a commercial
vehicle when compared to passenger vehicles on the road.
Wider
Turns
Commercial trucks on roads need more time
to turn safely, especially to turn to the right side of the road. Make sure not
to put your car on the way of a truck
that is turning to a side road.
Impact
by Wind
The trailers of commercial trucks are
capable of acting almost like a sail. These trailers can be blown over during
heavy winds that can result in a collision.
Useful
Tip
Always make sure to offer plenty of
distance while driving in front or next to commercial vehicles as they need
more space for turning, changing the lane, etc. Also, make sure to avoid
turning from inner lanes that are next to the trucks. There are chances for your
vehicle to get squeezed if trucks take a turn, as these trucks need up to
fifty-five feet to make turns.
Motorbike accidents can and do occur any time,
but in some times of the day, the possibility of being part of one drastically goes
up. You cannot always avoid riding in these times when the risk for an accident
is high, but you should know the hazards and ride much more safely.
When Is
Riding a Motorbike Least Safe?
As per accident statistics from the
National Highway Traffic Safety Administration, most fatal accidents happen
between 03:00 pm and 12:00 pm on weekends. The possibility of entering a fatal collision
is more than double from 03:00 pm to 09:00 pm, a period where 42% of fatalities
happen.
The tendency for non-fatal motorbike crashes
follows a comparable pattern. The Administration found that over 21,000 injurious
motorbike accidents happened in the same period. That is almost 25% of all injury-causing
collisions that occur throughout the week. Riding a motorcycle is the most dangerous
any day between 03:00 pm and 09:00 pm.
Weekday Stats
Skew the Accident Risk
The above-mentioned numbers do not give a
clear idea about the risk which riders actually face in the weekend. Many more
crashes occur in the week, but there is an even greater concentration of collisions
on weekends. Those NHTSA statistics reveal that 2015 saw more than 2,400 fatal motorbike
accidents during the weekend days compared to 2,556 during the whole week. That
is almost the same number of fatalities happening in only two days.
The Reasons
for This Fatal Time Crunch
Knowing that almost every motorcycle
accident happens from 03:00 to 09:00 pm is not enough. You should understand
the causative elements behind this combination of motorbike accidents. The combination
of things that leads to this phenomenon includes the following.
Rush Hour Traffic
A large number of individuals go back
home from their workplaces between 03:00 pm and 06:00 pm. It is among the
busiest times across America in terms of traffic on main highways. Naturally,
more traffic translates to more danger. It can mean frustration, bad decisions,
aggressiveness, and other such behaviors which increase the possibility of
motorbike accidents in this period. When possible, change your commute to avoid
riding in rush hour and a potential accident.
Riding
Conditions
Rush hour is a risk
factor, but not the only one. It is likely for riding conditions to quickly
deteriorate as the sun sets and it becomes a cooler atmosphere. In this time, the
fog rolls off the sea, when snow, mixed precipitation and rain are likelier to fall
as the asphalt temperature changes. If riders are not ready to, or they cannot respond
to such atmospheric changes, then they could lose control of the bike.
Driver Impairment
It is unfortunate
that between 03:00 pm and 12:00 pm, there are more impaired drivers than at
other times on the road. As per NHTSA’s accident information, alcohol-involved deadly
crashes increases from just below 4,000 from 12:00 pm to 03:00 pm to nearly
5,000 from 03:00 pm to 06:00 pm. This increase stays steady up to about 12:00
pm, which is when these numbers start to come down again. Unsurprisingly, the period
when a greater number of motorbike accidents occur coincides with the impaired
driver period. This is one of the popular times to ride, so if you cannot avoid
hitting the road this time, then stay visible and vigilant.
Visibility
This period when the
majority of motorbike accidents happen coincides with sun setting. In addition
to driver impairment and speed, another common factor that contributes to motorbike
collisions in California is decreased visibility. Therefore, bike riders are told
to wear bright-colored clothing, leave lots of space to maneuver between cars, use
the lights properly, and think that other motorists do not spot them always.
You Must Do What Is Needed to Ensure Everyone’s Safety
In an ideal world, one
could just stay home to avoid motorbike accidents at these risky periods, but this
is not how things are done. The second best thing to do is to know the common reasons
for and the factors that contribute to motorbike accidents, and what can be
done to avoid these collisions.
Several motorcycle accidents involve some
rider responsibility aspects, but remember that other drivers are at fault in 60%
of these collisions. It is not at all your fault when:
An automobile driver does not see you;
He or she behaves aggressively or angrily during a jam; and,
He or she chooses to drive when impaired.
As a motorcycle accident victim, you have
legal rights and may be able to seek compensation for damages from those who
caused your injuries. When your accident happened will not affect your right to
sue. Speak to a vehicle accident lawyer to clarify whether you have the right
to do so.
Driverless vehicles are becoming increasingly
common on the roadways, so there has been a spike in car accidents involving
these automobiles. When a pedestrian or driver is injured in one such accident,
the victim might just not know who is responsible for their accident.
The injured victim can file a lawsuit
against the business behind the autonomous vehicle for damages that result from
the accident. If an autonomous car is a reason for the accident, then the
injured person might just have a valid claim for compensation under California product
liability laws. In the case a driver uses the autopilot mode at the time their
vehicle gets into an accident, he or she may also be responsible.
The victim may be entitled to file an
injury lawsuit to receive compensation for damages, including the following.
Lost wages;
Pain and suffering;
Property damage; and,
Medical expenses
If one is killed in an autonomous automobile
accident, their family members may be eligible to file a lawsuit of wrongful
death. The loved ones of the deceased may claim for damages, including the ones
mentioned below.
Funeral costs;
Loss of support due to the demise of a family member; and,
Loss of earnings from the decedent
Now, comes the tricky question: “how does
one prove who is at fault for an autonomous vehicle accident?”
Every single party who is involved in it
may have their own account regarding what induced the accident. However,
self-driving auto accidents maybe even more complicated as it may not be clear
if the vehicle’s software or system is to blame for it.
Disputed vehicle accident claims may need
an investigation by both the concerned insurer and the attorneys of each party.
In a self-driving auto accident claim, the investigation may need experts to look
at the evidence and accident information to find out what caused it.
Your injury lawyer will look into the
matter, and they may have the case reviewed by expert engineers. Then, that person
can provide an expert’s take on the reason for the accident to happen. The
expert can be called to the court to testify to explain his or her view to the
jury.
Besides the fatal autonomous automobile
accidents, there have also been numerous near-misses involving autos operating in
semi-autonomous modes. All vehicles running on the road could just lead to a
severe accident or injure cyclists or pedestrians. Even truck accident
incidences involve autonomous rigs; suffice to say, driverless does not mean
flawless trucks.
Proving the
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
lawsuit.
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.
Other instances
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.
Truck manufacturers
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
accident attorney.
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
authority.
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.
Long-Term
Disability
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
Brain injuries
Burns
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.
Disability Benefits
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
following.
The loss of your future wages
Lost wages
Medical costs
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.
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.
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.
