If you sustained injuries in a commercial truck accident, you need to call a skilled truck accident lawyer in Los Angeles right away.
Truck drivers have a duty to operate their vehicles safely and follow all traffic laws and applicable trucking regulations.
Unfortunately, that doesn’t always happen.
When another party’s negligence results in a truck accident, you have the legal right to pursue a compensation claim.
However, these claims are typically complex, which is why it’s best to call an attorney as soon as possible.
Hiring a personal injury lawyer can seem daunting, but it doesn’t have to be.
We have years of experience assisting injured victims like you recover the compensation they deserve in California truck accident claims.
You need a lawyer who understands the special regulations and rules that California’s trucking companies and drivers must adhere to.
How a Los Angeles Truck Accident Attorney Can Help
Injuries in truck accidents are often severe or catastrophic.
You and your family should not have to be concerned with fighting the defendant’s insurance company to get the money you deserve.
After all, you need to concentrate on your recovery.
Despite what the insurance company might lead you to believe, they do not have your best interests in mind. The claim adjuster’s loyalty is to the insurance company and its policyholders.
That means the adjuster will be looking for any way to put more liability on you, thereby reducing the company’s exposure to your serious injuries.
When you retain a Los Angeles truck accident lawyer, we will protect your rights and open an independent investigation. Our priority is to build the strongest case possible.
The defendant’s insurance company might lead you to believe that hiring an attorney early in the claims process is not beneficial.
This could not be further from the truth. In fact, the early part of the claims process is often the most important.
The sooner you retain us, the sooner we can start working on your case. It’s easier to preserve evidence when we have early access to it.
For example, speaking to witnesses immediately after the accident is far better than initial contact weeks or months after the accident.
Rather than you speaking with the truck driver’s insurance company, your attorney will handle all communications and negotiations. The other driver’s insurance company will demand you give them a recorded statement.
You should never agree to a recorded statement without speaking to an attorney first. The claims adjuster is hoping you will say something they can use against you in the liability investigation and/or in court if it gets there.
Determining the Cause of a California Truck Accident
Most truck accidents in California are the result of negligence. Some of the most common examples in a commercial vehicle accident include:
- Distracted drivers, i.e., texting, eating, looking at the GPS, changing a radio station;
- Fatigue from driving too many hours;
- Driving under the influence of alcohol or drugs;
- Speeding in an attempt to meet delivery deadlines;
- Trucks that are overloaded or improperly loaded;
- Inexperienced truck drivers; and
- Failure to conduct proper maintenance or inspections.
It’s not uncommon for accidents to involve more than one negligent act. For example, truck drivers who have been driving too many hours may be tired and speed trying to make tight delivery deadlines.
Some big rig accidents involve defective truck parts, such as faulty brakes or a tire. Trucking companies may be on the hook for your damages. Truck drivers don’t typically own their trucks.
That means their employers may be responsible for compensating you for any injuries received. It’s not uncommon to find employers who push drivers to violate the federal laws on the maximum number of hours they can work.
These employers prioritize profits over lives and should be held accountable.
Proving Liability in a California Truck Accident
Before collecting damages in these types of cases, you must prove the defendants were negligent. Liability is typically complicated in truck accident claims because there are multiple applicable state and federal regulations that regulate the trucking industry.
You must show how the defendant, the trucking company, truck manufacturer, or any other responsible party is liable. You must provide evidence that proves they were negligent, reckless, or careless in some way.
To prove negligence, you must demonstrate the following four elements:
- The defendants owed you some type of duty;
- The defendants breached this duty of care;
- The breach was the actual and legal cause of your injuries; and
- You have damages, such as medical expenses.
Our Los Angeles big rig accident attorneys have the skills and experience necessary to prove liability against the defendants. We will work tirelessly to build the strongest case possible.
Types of Potential Compensation in a Truck Accident Claim
Understandably, prospective clients want to know how much money they can get in a personal injury claim. You could be giving up valuable compensation by attempting to negotiate your own claim settlement.
Insurance companies rely on the fact that you don’t have experience negotiating or handling claims for a living. They aren’t going to tell you that you aren’t asking for as much as your case is worth.
That’s another reason why hiring a skilled truck accident lawyer in Los Angeles is crucial.
Some of the most common types of compensation recoverable in a California truck accident claim include:
- Medical expenses to date,
- Future expected medical expenses,
- Lost wages to date,
- Future loss of earning capacity,
- Physical pain and suffering,
- Emotional anguish,
- Loss of consortium, and
- Property damage.
When you hire the Weinberg Law Offices, we will calculate the full potential value of your settlement and pursue fair compensation with the defendant’s insurance company.
Statute of Limitations in California Truck Accidents
Like other types of personal injury claims, you’ll find there’s a legal deadline on how long you have to pursue a claim. You must file a lawsuit in court if you plan to continue negotiations in your claim beyond this date.
You typically only have two years from the date of the accident to file a lawsuit in California.
Failure to observe the requirements of the statute of limitations means the defendants will be under no obligations to continue settlement talks or offer you any money without proof you filed timely.
The court will very likely dismiss your case, which means you will not receive any compensation. When you retain a commercial truck accident attorney in Los Angeles, they will file a lawsuit on your behalf, thus allowing negotiations to continue.
Contact the Weinberg Law Offices Today
If a negligent truck driver in California injured you or someone you love, contact the Weinberg Law Offices right away. We understand how these claims work and will fight for the maximum compensation possible.
Our firm has the skills and resources necessary to take your case to trial if warranted. We aren’t afraid to stand up to these trucking companies in a trial.
Our Los Angeles truck accident attorneys pride themselves on providing the personalized attention that your case deserves. We offer free, no-obligation initial consultations, so you have nothing to lose by meeting with us.
Contact our office today to learn how we can help.
“Disclaimer: This content should not be construed as legal advice.”