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.
- Medical bills
- Loss of wages
- Lost future earnings
- Loss of consortium
- Pain and suffering
- Punitive damages
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.