Mariposa County Truck Accident Lawyers
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Our Mariposa County Truck Accident Lawyers Offer Honest Answers And Experienced Guidance After Injury
Accidents involving trucks are often more serious than those involving cars. As a result, many people suffer catastrophic injuries and emotional distress. In times like these, you need a legal advocate who is concerned about your well-being. The Mariposa County truck accident lawyers at Arash Law know the ins and outs of the claims process and can help you pursue compensation for injuries, lost wages, and other losses. Contact us at (888) 488-1391 for a free, no-obligation case evaluation.
Mariposa County is in the central Sierra Nevada foothills. Many major thoroughfares pass through the area, including State Routes 41, 42, 120, and 140. These highways see heavy traffic, including big rigs and trailer trucks that haul a variety of loads each day. This, as well as conditions like rain and snow, winding roads, and challenging terrain, can increase the likelihood of truck accidents in the area.
Arash Law believes concerns about expensive legal fees should never hinder you from seeking support after suffering due to someone else’s negligence. That’s why we operate on a contingency fee basis, where clients only pay us if they’re awarded compensation. However, some other case-related costs may still apply outside of this arrangement.
Our lawyers also have a comprehensive understanding of the legal framework, current laws and regulations, and court rulings that may apply to your case, which we can discuss when you consult with us.
Paz v. Airfax Logistics (settled on 5/26/2020) – settlement in a case involving a client who was involved in a trucking accident and sustained a traumatic brain injury and other trauma.– TINA ESHGHIEH
Why Discuss Your Claim With Our Mariposa County Truck Accident Lawyers
The process of pursuing compensation for injuries through personal injury claims can be tough to manage on your own. Having knowledgeable legal representation can help you through it. Here are several reasons to consider Arash Law’s Mariposa County truck accident attorneys for your personal injury claim:
- Understanding of the Claims Process — Our lawyers can clarify the intricacies of the legal system and offer the guidance needed to navigate it effectively.
- Protection of Your Rights — After an accident, you may accidentally make some common mistakes that can potentially weaken your claim. Our attorneys are committed to protecting your rights and representing your interests throughout the process.
- Negotiation for Fair Settlements — Our personal injury attorneys are prepared to engage in negotiations with insurance companies to seek compensation for the losses you suffered.
- Comprehensive Management of Your Case — Our team can handle all aspects of the claim process, including paperwork, evidence collection, and negotiations, allowing you to focus on other priorities. If you need further medical evaluation and treatment while pursuing compensation, we may be able to connect you with qualified medical specialists.
If you’re injured or a loved one is killed in a truck accident, our Mariposa County truck accident lawyers are here to provide legal representation and guidance throughout the claims process.
Reasons To Have Our Mariposa County Truck Attorneys Handle Your Case
When considering legal representation for a truck accident case, it’s important to make informed decisions and understand the support available. The Mariposa County injury law firm offers dedicated assistance throughout the claims process. Here’s how our attorneys can assist you:
- Comprehensive Assessment — Truck accidents often result in serious injuries and significant damage. Our attorneys can evaluate the specifics of your case, gather evidence, and work with other experts to understand the full extent of your losses.
- Building a Well-Supported Case — Truck accidents can lead to various challenges, including lost income and financial strains. Our lawyers can conduct an independent investigation of the accident and its aftermath, including analyzing eyewitness accounts, reviewing medical records, and assessing the impact of your injuries on your daily life. We’ll aim to identify all potentially responsible parties and compile evidence to establish liability.
Our team can explore all available avenues for compensation, file claims on your behalf, handle communications with insurance companies, and represent you in court if necessary. We work to pursue compensation for your injuries and other losses.
What Causes Truck Accidents In Mariposa County?
To find out if someone was negligent in a truck accident, our Mariposa County truck accident attorneys need to figure out what caused the crash. Once we establish negligence, you might be able to file a claim or lawsuit. Here are common types of negligence involving trucks:
- Texting While Driving — Negligent truck drivers use their phones while driving, diverting their attention from the road and potentially leading to accidents.
- Driving Under the Influence — Alcohol and illegal substances can impair a truck driver’s perception, attention, and coordination, making them more likely to crash or collide with other vehicles.
- Failure to Comply With Safety Measures — Some truck drivers may overload their trucks, making them harder to control and increasing the risk of crashes.
- Overfatigue — Long hauls are common for truck drivers. However, fatigue from extended hours on the road can impact their ability to think and act quickly.
- Ignoring Traffic Laws — Truckers must follow traffic laws for everyone’s safety, and breaking these laws neglects that duty.
- Improper Maintenance — Trucks are prone to mechanical issues, so trucking companies and drivers must maintain their vehicles. Neglecting maintenance can lead to problems like tire blowouts.
If any of these factors caused a truck accident, our Mariposa County attorneys can guide you in pursuing claims against the trucker, their trucking company, or another potentially liable party on your behalf.
Common Injuries Suffered In Mariposa County Truck Accidents
Trucks are much bigger and heavier than regular vehicles. So, if you’re in an accident with one, the injuries can be severe. Here are some injuries our Mariposa County truck accident attorneys help victims pursue compensation for:- Traumatic Brain Injuries (TBI) — These serious brain injuries damage the brain, potentially affecting your ability to work or enjoy life.
- Back and Neck Injuries — Mild neck injuries like whiplash might result in temporary pain. Meanwhile, severe injuries can result in extreme pain and discomfort.
- Spinal Cord Injuries — Damage to the spinal cord can be severe, often causing some form of paralysis.
- Amputations — Losing a part of your body, whether a fingertip or a limb, can be life-changing, even with reattachment.
- Internal Organ Damage — Internal injuries can vary from mild bruising to severe lacerations, which require immediate surgery.
- Broken Bones — Broken bones can lead to significant pain and potential long-term issues. These injuries may require extensive medical attention and ongoing care to address complications.
- Lacerations — Truck accidents can result in painful lacerations. In more severe cases, these injuries may require surgery to heal.
- Burns — Burn injuries may require specialized medical treatment, and the recovery process can be challenging. You should seek prompt medical attention to minimize the risk of infection.
Identifying The Responsible Parties In A Mariposa County Truck Accident
If you or a loved one is injured in a truck accident in Mariposa County, you may pursue legal action against the driver and their employer to hold them accountable for your injuries and any other accident-related losses.
Our truck accident lawyers in Mariposa County are experienced in helping clients navigate the complexities of proving liability in injury cases related to truck accidents. We work to demonstrate how the defendants may have acted negligently, which generally refers to a failure to exercise reasonable care in their actions.
In order to establish liability in a personal injury case, you need to demonstrate four elements:
- Duty of Care — It is a legal obligation that requires individuals and organizations to protect others from harm.
- Breach of Duty — After establishing the duty of care, it’s essential to show that the defendant breached it. For example, a big rig truck operator falling asleep behind the wheel violates their responsibility to operate the truck safely.
- Causation — Once a breach of duty is established, a causal link between the defendant’s breach and your injuries must be proven. In the context of a truck accident, this link shows the damages and losses resulting from the wreck.
- Damages — After proving causation, you must show economic and non-economic damages, such as medical bills, lost wages, future medical treatment, and pain and suffering.
Reasons The Insurance Company Might Deny Your Claim
Facing a denied insurance claim can be a frustrating experience. It can leave you wondering why your legitimate request for compensation was turned down. Insurance companies have specific criteria for evaluating claims, and there are several reasons they might deny yours:
- They believe your claim lacks merit. — Insurance adjusters assess the validity of claims. If they find insufficient evidence or inconsistencies in your case, they might determine that your claim is not strong enough to warrant compensation. It’s important to thoroughly document all available evidence of your accident, including photos and witness statements, to support your claim effectively.
- You failed to establish fault. — The insurance company can choose to believe its client’s version of events, especially in the absence of an official police report. Eyewitness accounts and official reports play a crucial role in establishing fault, so it’s essential to document them accurately.
- You failed to notify the insurer promptly. — Insurance policies often have specific timeframes within which accidents must be reported to be covered. Not adhering to these timelines may give the insurance company grounds to deny your claim.
What To Do After The Other Party’s Insurance Company Denies Your Claim
- Consider Hiring a Mariposa County Truck Accident Lawyer — If you choose to challenge the denial, think about hiring a truck accident attorney. They can help further support your case and navigate the complications of the appeals process.
- Have Your Attorney Draft a Demand Letter — Your attorney can kick off the process by writing a demand letter. This formal document outlines your side of the story, the amount of compensation you’re seeking for vehicle damage or injuries, and why you believe the other driver was at fault.
- Evaluate Your Denied Claim — If your insurance claim is denied, take a moment to understand your options. If you feel the denial is unfair, you may challenge it. A truck accident lawyer can explain how you may be able to do that.
- Understand the Denial Reasons — The insurance company will explain why they denied your claim. Whether they stand by the denial, reverse the decision, or offer partial compensation, understanding these reasons is crucial for your next steps.
- Watch for Improper Claims Practices — If you or your lawyer suspect the insurer acted improperly, address it in your claim letter. Check your state’s laws for similar rules regarding unfair insurance practices.
Dealing With Bad Faith Insurance Practices
Bad faith by an insurance company can show up in different ways, such as:
- Unreasonably delaying your claim.
- Denying a claim without a valid reason.
- Not doing a fair and thorough investigation into the accident.
If you suspect that an insurance company is acting in bad faith, it may be beneficial to consult with our Mariposa County truck accident lawyers. They can help evaluate your situation and discuss the course of action you can take next.
Insurance Company’s Obligation To Policyholders
Insurance providers have a duty of integrity and fair dealing to their policyholders. This means they must act reasonably, provide timely communication, and promptly process claims. Any failure to uphold these standards might constitute bad faith, giving you grounds to challenge the insurer’s practices.
If you believe your insurance company is not acting fairly, it is important to understand your rights. Consulting with one of our knowledgeable Mariposa County truck accident lawyers can help you evaluate your situation and explore your options.
Compensation To Pursue From Truck Accidents In Mariposa County
Following an accident, victims may pursue compensation damages from the responsible party’s insurance company. The settlement amount can cover various damages, categorized into the following:
Economic damages are tangible losses that can be measured, including:
- Current, ongoing, and future medical expenses.
- Costs for physical therapy, prescription medication, and assistive devices.
- Legal fees.
- Property damage.
- Loss of wages or future wage-earning potential.
Non-economic damages are intangible losses that cannot easily be measured, including:
- Pain and suffering.
- Loss of consortium or companionship.
- Emotional distress.
Punitive damages aim to punish bad behavior by defendants and deter others from doing the same, rather than to compensate the victim. Unlike compensatory damages, they’re not meant to cover losses but to discourage similar conduct in the future. However, the court rarely awards punitive damages.
In more severe truck accidents involving the loss of life, the family of the deceased victim may be eligible to pursue a wrongful death claim to seek compensation for the family’s losses, including funeral expenses, loss of financial support, and emotional distress.
How To Prove Damages Following A Truck Accident
After a truck accident, demonstrating the extent of your damages is crucial for building a substantiated claim. These damages provide quantifiable evidence of your injuries, which can further support your case.
Because of this, you need to record all medical costs and share the information with your attorney. Our Mariposa County truck accident lawyers can help you gather and compile these documents to support your claim.
Property Damage
Proving property damage is a separate aspect of your claim. To establish property damage, include photographs of your damaged vehicle, repair cost estimates, towing costs, and a valuation report if your vehicle was totaled. In some cases, an independent appraiser may be recommended for an accurate valuation. This comprehensive documentation helps in proving the extent of the property damage.
Claiming Lost Wages
If you’ve had a serious truck accident, you can claim lost wages as part of your compensation. This covers not only the money you missed from taking time off for recovery but also future earnings if your injuries make it difficult to go back to your old job. To do this, you’ll need proof like pay stubs or tax returns to show your usual pay. You also need a doctor’s note or medical records to confirm the time you need off work. This information is vital for calculating your lost income.
Negotiating A Fair Settlement
A fair settlement should adequately compensate for tangible and intangible losses. While medical expenses and property damage are easier to quantify, other losses like pain and suffering or loss of enjoyment of life are subjective. If the insurance policy limits fall short, Mariposa County truck accident attorneys might explore alternative compensation sources, such as underinsured motorist coverage.
Gil v. Anderson Plumbing: verdict by a Los Angeles County Superior Court jury in Van Nuys awarded to a man who was injured when his vehicle was struck from behind by a large commercial plumbing van. Benny was part of the trial team that obtained this verdict.– BENNY KHORSANDI
Can I Sue A Trucking Company After An Accident?
Trucking companies have the duty of reasonable care to hire truckers with good records. They also must provide adequate training and maintain each vehicle regularly. In addition, they have to adhere to the hours of service that the government mandates for drivers. If they neglected any or all of these duties and it led to an accident, plaintiffs may be able to sue them for compensation.
If you’ve been in a truck accident, you may be able to hold the trucking company accountable for your losses. Our Mariposa County truck accident attorneys can help you seek damages for various financial losses and other hardships.
Statute Of Limitations For Truck Accident Claims In Mariposa County
In California, you generally have two years from the date of the injury to take legal action. It’s even shorter if you’re pursuing a claim against a government agency, as you only have six months. Missing the time limit may prevent you from claiming damages in truck accident cases. While there are limited exceptions, courts generally do not extend deadlines.
A Mariposa County truck accident lawyer can identify the applicable deadline for your case and file the necessary paperwork within the required time frame.
Trucking Accident Statistics
National Safety Council (NSC) data show that fatal crashes involving large trucks increased significantly in 2021, with 5,700 incidents recorded. This represents an 18% surge from the previous year and a substantial 49% increase over the past decade. The involvement rate per 100 million large-truck miles traveled has risen by 7% since 2020 and by 22% over the last decade.
Statistics indicate that large trucks contributed to the following:
- Approximately 9% of all vehicles involved in fatal crashes.
- About 5% of all registered vehicles.
- Around 10% of the total vehicle miles traveled.
The extensive truck accident data recorded over the past five years reveals this concerning pattern. According to the NSC, California ranked second in fatalities from large truck crashes in 2021.
Call Our Mariposa County Truck Accident Attorneys For Legal Clarity
Arash Law provides legal representation to accident victims across California. If you or a loved one was injured in a truck accident, our Mariposa County truck accident attorneys can handle the legal aspects of your case so you can focus on your recovery.
Call us at (888) 488-1391 to schedule a free, no-obligation initial consultation. You may also complete our “Do I Have A Case?” form.
We also serve clients throughout California, including in neighboring cities and communities such as Tahoe City, Carson City, Indian Hills, Garnerville, Markleville, Bear Valley, Pioneer, Sutter Creek, Jackson, Plymouth, Elk Grove, Galt, Sacramento, Folsom, Roseville, Lincoln, Wheatland, Colfax, and Gold Run.
