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After suffering injuries in a truck accident, you might be interested in learning more about how truck accident claims and lawsuits work. Arash Law is here to guide you on what to know about truck accident claims and lawsuits. One of the first things you have to know is that you may not need to go through litigation at all.
According to the American Bar Association, claimants can claim the settlement they need without going to court. But it does not apply to all because every case is unique. In certain instances, you may file a lawsuit against the responsible party if you and the insurance company fail to reach a settlement or if it denies liability.
A few days after the accident, you might want to settle. However, in some cases, the claims and litigation process can take months. Under Section 335.1 of the California Code of Civil Procedure, an action for an injury or the death of an individual caused by the wrongful act or neglect of another shall be filed within two years from the date the cause of action accrues.
If you fail to act within this period, you are forever barred from filing any lawsuits related to your injuries and losses. Simply put, you can no longer assert your claims beyond two years from the accident date as a general rule. Otherwise, the judge or jury will dismiss your case outright. That is why you should not sleep on your rights. Still, there are certain exceptions to this legal deadline, which depend on the circumstances of your case. A truck accident lawyer can clarify these exceptions during a consultation.
Claims And Lawsuits: How Do They Work?
There are many layers to truck accident claims and lawsuits. The usual steps include:
- Initial Investigation โ This involves gathering evidence and conducting interviews with witnesses to determine the party at fault and the basis of the claim.
- Filing of Claim โ This requires submitting a formal injury demand letter against the insurance company to notify them of the representation, details of the injuries you have suffered, and the number of claims.
- Negotiation of Settlement โ This involves dialogue with the trucking companyโs insurance to reach a fair settlement offer.
- Filing of Case in Court โ If the negotiation fails, filing a lawsuit can be an option.
- Discovery Process โ Prior to the start of your case, all parties will enter into the process of โdiscovery.โ This stage allows the lawyers for the plaintiff and defendant to review the case details and gather evidence. During this phase, each party may request and exchange relevant documents, witness statements, and expert reports to build their respective cases, as well as submit depositions.
- Mediation And/or Trial โ Mediation is an Alternative Dispute Resolution (ADR) process in which a mediator helps parties reach a mutually acceptable resolution. If mediation fails, the case will proceed to trial, where a judge or jury will determine the liability and potential amount of damages.
What Is The Importance Of An Injury Demand Letter?
When requesting compensation from the insurance company, you may need to send an injury demand letter. This gives you an opportunity to explain the extent of your losses, how they have affected your life, and your intention to file a lawsuit if your demand is not granted. To help the insurance company understand what you believe to be a fair settlement offer, you can also include a list of each of your incurred damages.
For other claimants who successfully get compensation from the insurance company, the process of recovery is completed after filing an injury demand letter. In cases where the insurance company denied any of your claims or repeatedly offered settlements that do not cover your losses, you may consider bringing your claims to court.
Who Can I Sue In Truck Accident Cases?
To illustrate, let us assume a tired truck driver hit you. In that case, both the truck driver and the truck driverโs employer can be held liable if they were implementing unreasonable delivery schedules. Lawsuits are not filed against insurance companies. The cases are filed against individuals whom the insurance company may represent.
You may wonder who was at fault after a major accident. After a big rig crash, a number of parties may be responsible for paying for your damages. If you need help identifying the potential defendant(s) in your case, seek the assistance of a skilled truck accident lawyer.
For your case to hold merit, you and your truck accident attorney must:
- Provide proof of fault and liability of the other party.
- Show the extent of your economic and non-economic damages.
- Provide estimated costs of your losses.
- Argue that the accident-related expenses should be the financial responsibility of the other party.
The progress and outcome of your personal injury lawsuit in court will largely depend on the discretion of the attending judge. Due to the stress and challenges associated with litigation, many claimants opt to work with a lawyer to represent their interests.
The presiding judge is the one who determines the success of a personal injury lawsuit. Many claimants decide to engage the services of lawyers who focus on truck accidents to handle the legal aspects of their cases.
Recoverable Damages In A Truck Accident
You may still have some questions regarding the types of damages you can pursue, even after learning how truck accident claims and lawsuits work. It can be challenging to calculate the amount of your economic and non-economic damages without first consulting with truck accident lawyers. The amount of your settlement may be lower or higher than the average amount, depending on the circumstances of your accident.
The compensation you can seek will be determined by the economic and non-economic losses you sustained due to the accident. Damages to your economic interests include medical expenses, financial losses, and damage to your property.
However, either through an insurance settlement or court award, you can pursue the following types of damages:
- Medical costs (both current and future)
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional damages
- Disability
- Lowered Quality of Life
You may be able to claim even those expenses not mentioned above. You can estimate the amount of your losses by keeping track of all the documents related to your claim, including your invoices, billing statements, and receipts.
Who Is Liable In A Truck Accident In California?
The answer to this question depends on the cause of the accident and who is potentially at fault. The four components of negligence that lead to liability are the duty of care, breach of duty, cause, and injury.
All truck drivers are responsible to the other road users, including other vehicles and pedestrians. They need to be careful to avoid inflicting harm and not be negligent when driving. Truck drivers could be held liable if they failed to follow the proper procedures and their negligence caused accidents that harmed others.
It is overwhelming to be involved in an accident and suffer injuries. If the accident happened while traveling through California, establishing liability can be more complex. Only a few states, including California, recognize โpureโ comparative negligence. In practice, this means that even if you are partly responsible for the incidents that caused your accident, you can still seek compensation from those who are legally liable for their careless, reckless, or intentionally dangerous behavior.
In some states, it is unlawful for injury victims to pursue damages from others if they are primarily responsible for the harm they have suffered. But in other states, victims who contributed less than 50% to the incidentโs cause are not entitled to seek compensation. However, in California, there is a 99% limit on comparative negligence.
If you are found to be partially at fault for your accident, the available compensation you can seek depends on your portion of liability. For example, suppose your accident-related damages are worth $100,000, and you are blamed for 25% of the accidentโs causes. In that case, you can still seek approximately $75,000 in damages from those responsible for the remaining 75% of the fault.
It is important to remember that some of these liability issues are not often obvious or straightforward. In some cases, it is impossible to know if the trucking company that employs one of the drivers involved in a truck accident committed illegal practices at the time of your collision. An investigation by California truck accident lawyers can be helpful.
You may not be aware that you can also sue the trucking company aside from the truck driver if the trucking company forces the driver to operate. Another example is if it fails to maintain its fleet properly. You have to avoid making any conclusions about whether or not you have enough grounds to file a lawsuit until your lawyer has thoroughly studied your case.
What Law Applies To Truck Accidents In California?
According to Californiaโs negligence law, any driver who is found guilty of negligence may be held accountable for the injuries and losses caused to another driver. Any motorist who sustained injuries as a result of a truck driverโs negligence is qualified to bring a personal injury claim.
What Makes Truck Accident Claims Complicated?
In contrast to the 3,000 to 4,000 pounds that passenger cars weigh when driving alongside, a semi-truck may carry a load of 80,000 pounds. Therefore, a smaller car and its occupants are at a serious disadvantage in an accident, and this is typically reflected in their injuries. Truck accidents differ significantly from other types of accidents. Experienced California accident attorneys can help victims navigate the intricacies of such cases.
Truck accident victims usually have to contend with huge insurance companies. Trucking businesses and their insurance providers conduct their own investigations to verify claims. If there are certain issues with documentation and evidence, they may find valid reasons to dispute liability.
In many crashes involving passenger cars, only one party and their insurance provider are held accountable. However, in truck accidents, other parties could be held liable, including the truck driver, the loading team, the manufacturer of the truck, and any safety equipment personnel.
While independent contractors drive some trucks, others are operated by the government or a commercial trucking corporation. Hence, multiple parties may be held responsible for your accident, depending on your caseโs particular facts and circumstances.
The parties who can be held liable for your truck accident are:
- The negligent truck driver who caused the accident and their insurance company.
- The employer of the truck driver (such as for failure to comply with safety protocols).
- A mechanic who failed to repair the truckโs defective parts properly.
- The truck maker or manufacturer may be responsible for flaws in the truckโs design or construction.
- The property owner whose environmental negligence contributed to the accident.
- Truck driver unions.
Since many parties may be involved, identifying the potential party at fault and the extent of liability can be complex and challenging. At such points, the knowledge and experience of lawyers who handle truck accident cases are helpful. They are skilled at managing complex personal injury cases and are well-versed in the intricacies of the legal system.
How To Properly Deal With Insurance Settlements For Truck Accidents
Dealing with a huge trucking company or its insurance provider can be intimidating. You could even be tempted to accept the first settlement offered to you to get money to pay your bills and continue with your life.
Insurance firms frequently provide an immediate offer. However, you may waive certain rights if you sign too soon. For instance, an initial offer can include a waiver stating that you can no longer pursue further legal remedies in connection with your case should you choose to accept the settlement. Therefore, consulting with accident lawyers before accepting and signing any settlement offer can be helpful.
Free Initial Consultation With Our Experienced Truck Accident Attorneys
After a truck accident, you need to act quickly to gather evidence to support your case. But how can you focus on doing so when youโre also recovering from your injuries? This is where we come in. With years of experience handling injury cases in California, our injury attorneys can represent you throughout the legal process and advocate for your rights. We prioritize each clientโs well-being and interests, treating each case with personalized care.
Contact Arash Law, led by Arash Khorsandi, Esq., for assistance if you or your loved ones are hurt in a truck accident and are pursuing compensation. To discuss your legal options, call (888) 488-1391 for a free case review.
