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Getting the compensation you deserve can be tough when you are hurt in a truck accident. The trucker, the trucking company, and their insurance teams will fight to keep their money. But you don’t have to face them alone. Our truck accident lawyers at Arash Law, led by Arash Khorsandi, Esq., have been helping victims like you for over a decade.
Our truck accident attorneys will identify the liable party or parties, gather evidence, interview eyewitnesses, negotiate with the insurance company, and bring your case to court, representing you if necessary. We will handle all aspects of your case while you focus on healing or caring for an injured family member due to an accident that was not your fault.
Our legal team will safeguard your rights while you recover. Call now at (888) 488-1391 and contact our truck accident lawyers at Arash Law, seasoned with knowledge and experience handling truck accident claims.
What Is The Definition Of A Commercial Vehicle?
A commercial vehicle (CV) is used to transport goods and general equipment compared to other types of vehicles that transport passengers. Due to their versatility and practicality, delivery drivers and working professionals often utilize commercial vehicles in various trades instead of passenger vehicles like family sedans.
When we think of commercial trucks, 18-wheelers, semis, and big box trucks always come to mind. However, other kinds of automobiles are also classified as commercial carriers. Any vehicle that weighs more than 10,001 pounds, transports hazardous items, or carries more than 15 passengers is considered a commercial motor vehicle.
The Gross Vehicle Weight Rating (GVWR) is a safety requirement that ensures a vehicle’s safe operating weight. This rating considers the vehicle’s net weight and that of the drivers, passengers, fuel, and cargo. The GVWR is calculated by automakers using various parts, including the axles, frame, suspension, tires, and more.
Here are the trucks and vans categorized as commercial motor vehicles:
- Amazon delivery vans
- Flatbed trucks
- Garbage trucks
- Moving trucks
- Cement trucks
- Utility trucks
- Fire trucks
- Tow trucks
- Public transit or city buses
- Charter buses
- School buses
- Gas tankers
These large vehicles commonly cause the most damage to other vehicles and severe injuries in an accident. Generally, the larger and heavier the truck, the more severe the related injuries.
Truck Accident Lawyers Specializing in Tort Law
Lawyers who specialize in truck accidents practice tort law. Justia defines a tort as a private or civil wrong or injury that can be rectified through compensation. The main goal of tort law is to “make whole again” the injured party.
The victims of truck accidents can seek compensation from the negligent parties for their injuries and losses. Truck accident lawyers work with them to ensure the injured party receives the maximum compensation possible for the damages.
Damages that truck accident lawyers help victims receive monetary reparation from include:
- Medical costs (both current and future)
- Lost earnings
- Loss of earning capacity
- Property damage
- Emotional distress
- Physical pain and suffering
- Wrongful death
Personal injury law is a big umbrella that covers various accidents and injuries, including car crashes, bike accidents, bus incidents, dog bites, slips and falls, medical mistakes, and wrongful deaths. Truck accident lawyers specialize in helping people recover financially after suffering injuries or losses in crashes involving trucks.
Will Hiring A Lawyer Help My Truck Accident Case?
Truck accidents are among the deadliest on the road, so it is crucial to retain legal counsel to assist you when you get involved in one. Moreover, determining who should be held liable might be challenging because many parties are associated with truck collisions. You can thus get legal advice from an expert lawyer as you proceed with your claim or lawsuit.
The following are the legal services an experienced truck accident lawyer can provide if you are injured or a loved one was killed in a crash involving these large vehicles.
Determining Liability in a Truck Accident Case
One of the first steps a truck accident lawyer will take is to conduct a thorough investigation. You must have as much evidence as possible when seeking financial compensation for a truck accident. The accident report, the trucker’s driving log, the truck’s maintenance history, the truck’s governor and Electronic Control Module (ECM), and the truck’s freight manifest are just a few examples of evidence that could prove your or your family’s legal rights. Your lawyer can use the formal “discovery” process to obtain these documents and data, using them later to fight for compensation on your behalf.
Truck accident cases are usually more complicated than typical vehicle collisions. You may assume the truck driver is solely at fault for the crash. However, there may be more than one party to blame for your injuries and losses. In a truck accident case, possible defendants may include the following:
- The truck driver
- The trucking company
- The truck manufacturer
- The shipping company
- Insurance companies
- Government entities
A truck component may have failed during transport, causing the accident. That might mean the truck manufacturer or the company that makes the part bears some liability. A truck accident lawyer can identify all liable parties in your case and hold them responsible in a claim or lawsuit.
If the truck driver is an independent contractor, the company’s control over their drivers can be an issue. The Federal Motor Carrier Safety Administration (FMCSA) oversees commercial vehicle safety on American highways.
Proving Your Truck Accident Case
You know you are not at fault for your accident. But you must prove this in your insurance claim or in court. There are four basic elements of negligence in personal injury cases. In particular, a person injured in a truck accident must prove:
- The truck driver owed you a duty of care to drive reasonably and safely.
- The truck driver breached or violated that duty of care.
- That breach of care caused you or your loved one’s injuries.
- You or your loved one suffered damages and losses due to those injuries.
Initiating The Discovery Phase
An experienced truck accident lawyer will prepare your case as if you were going to trial. While many personal injury cases are settled outside of court, a seasoned legal professional knows the need to be ready for everything.
Your attorney will gather evidence, review applicable laws, and start formulating legal theories about the accident to prepare for the discovery stage of the lawsuit. Additionally, they might prepare court pleadings, create discovery requests, and interview and depose witnesses.
Building A Compelling Case
Whether compiling a claim to present to the insurance company or presenting your case to a jury in court, a truck accident lawyer can do all of the following while you focus on your recovery:
- Examine your case’s details and determine whether your claim is valid and strong.
- Investigate and collect evidence to build your case, including police reports, videos or photos from the accident scene, camera footage, any data from the truck’s onboard electronic information system, eyewitness statements, expert testimony, and more.
- Gather and compile all your medical bills, expenses relating to the injury, and any documents proving loss. According to the Centers for Disease Control and Prevention (CDC), car accident injuries often require emergency medical care in a hospital.
- Identify all parties and insurance companies who could be liable.
- Evaluate all damages to determine the maximum compensation you can be entitled to.
- Negotiate on your behalf with insurance companies to get a fair settlement.
- Take your case to trial if the insurance provider refuses to settle or give fair compensation.
You don’t have to fight the insurance companies on your own for the financial recovery you deserve. A skilled lawyer can file all relevant documents for you and take on the insurance adjusters so you can rest and recover while focusing on your needs.
Most personal injury lawyers who work on contingency will want to guarantee a case has a good chance of winning before taking it on. A contingency fee system means the lawyer only gets paid if the client wins a settlement or award. The amount of money they win determines how much they are paid.
Calculating Your Losses and Keeping You Out of Debt
To recover as fully and quickly as possible, your lawyer can help keep track of your medical records and document the effects of your injuries daily. You or your loved one may be facing serious injuries that require hospitalization, multiple surgeries, assistive medical devices, and costly rehabilitation.
Helping You Avoid Debt
If you are having trouble with your payments due to the accident, your attorney can also assist in keeping you out of debt. For instance, your lawyer can assess your pre-settlement funding choices and send a Letter of Protection to your healthcare providers.
In addition, your legal counsel will calculate the damages you can be awarded in a personal injury case. They can be classified as either economic or non-economic.
Calculating Your Economic Losses
You can recover economic damages from your truck accident. The following economic losses can be calculated accurately by your truck accident lawyer:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Out-of-pocket expenses
Calculating Your Non-Economic Losses
In addition to economic damages, you can claim the following non-economic losses:
- Pain and suffering
- Emotional distress
- Disability
- Scarring and disfigurement
- Loss of companionship and consortium
- Loss of enjoyment of life
These losses can be challenging to calculate. However, your legal counsel will know what evidence to gather to support your claim and the damages you seek.
Negotiating A Fair Settlement on Your Behalf
Your truck accident lawyer will negotiate with the defendant(s) and their insurers after calculating your losses and filing one or more claims against the liable party (or parties). In some cases, negotiations can take several months or even longer, depending on the complexity of the accident and the companies involved. To keep you updated on your settlement’s progress, your lawyer will inform you throughout the entire negotiation process.
The Insurance Company Might Not Offer You Fair Compensation
The phrase “do not sign” is practically a cliché in personal injury law. You may have heard personal injury lawyers say this in commercials, but what exactly does it mean?
After an accident, the insurance companies gather information from the drivers involved and look at police reports and other evidence. They decide who is at fault and how much the other party should be compensated. Then, they send a letter offering you the amount of compensation they deem appropriate. If you sign the offer letter, you lose your right to file a lawsuit regarding the accident.
Even if the amount the insurance adjuster offers seems like a lot, you should speak with a truck accident lawyer before you sign. Injuries often take time to manifest, and you should not settle your claim until you fully understand the extent of your injuries.
You Will Not Have to Worry About Saying The Wrong Thing
If you have an accident resulting in costly damages, you may receive multiple calls from insurance companies asking for more information. The problem with going through this alone is that what you share might give the insurance adjusters the idea that the accident was your fault.
In fact, a trained insurance adjuster can get you to say the wrong things on purpose. Anything you say can be used against you later on. The stress is even greater if you suffer severe injuries and financial losses. You do not have to be concerned about saying the wrong things when you engage with truck accident lawyers. You can tell the insurance provider that you have picked an attorney to represent you in your claim, and they will speak with them for you.
Your Truck Accident Lawyer Will Send The Demand Letters
After looking into the truck accident and building your case, your attorney shall write a demand letter to the negligent party’s insurance provider. This letter will describe the accident’s details and ask for a particular sum to cover your damages.
Even before your lawsuit is concluded, having a capable legal aid can ease your mind as your battle for fair settlement becomes their fight for justice.
Preparing Complaints and Providing Legal Representation in Court
In most cases, a truck accident lawyer successfully negotiates a fair settlement with the insurance provider. The matter is then resolved, and the victim is justly compensated.
However, if the insurance provider doesn’t bargain, the truck accident attorney may lodge a complaint with the responsible party. The complaint is one of the initial documents submitted in a truck accident lawsuit. The at-fault party typically has 30 days to respond to the complaint once it has been sent.
If your case does proceed to trial, your truck accident attorney will represent you in court with an in-depth understanding of every step of the court procedure.
Call Arash Law Today for Expert Guidance on Your Truck Accident Claim
It should not be your responsibility to handle the financial, physical, and emotional burden of a truck accident resulting in injury that was not your fault. Our truck accident attorneys from Arash Law, managed by Arash Khorsandi, Esq., can investigate your case, build a solid claim, and negotiate with the insurance company for a fair settlement so you and your family can recover and heal without worrying about anything else.
We can have a detailed discussion about your accidents when you call us for a free consultation at (888) 488-1391. You can also contact us online.
Have the support and peace of mind when you need it most – with a trusted and compassionate truck accident lawyer.
