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Who did you hear has collided with a truck, treated it as a minor inconvenience, and carried on with their daily life? People frequently claim that they feel like they were “struck by a truck” when completely burned out or after receiving unexpectedly awful news. Since car accidents happen frequently, plenty of drivers have been rear-ended or involved in a fender bender, and they do not say they feel like they were struck by a car. The phrase highlights the significant physical, psychological, and financial impact that can result from truck collisions.
People involved in truck accidents tend to speak with insurance companies to seek a settlement right after the accident. However, it is advisable to consult an attorney and let them handle the negotiation on your behalf. They can help protect your rights and address issues that may arise in pursuing insurance claims.
Representatives of insurance companies are trained to protect their company’s interests, and the information you provide may affect your claim. Insurance adjusters may ask detailed or challenging questions, and your responses could impact your claim. Be careful with what you say, as adjusters may seek information that could influence the perceived severity of your injuries or the value of your case. For example, if you casually mention feeling ‘fine,’ it might be interpreted that you were not seriously injured, regardless of your actual condition. This highlights the importance of clear and effective communication when dealing with insurance representatives.
If you are a truck accident victim, keep in mind that insurance companies prioritize their financial interests. Their main objective is to manage costs, which may not always align with your interests.
It is crucial to have an experienced lawyer like the truck accident attorneys at Arash Law to speak to insurance companies on your behalf. We manage negotiations and communications with insurers, allowing you to focus on recovery.
Why Hire A Truck Accident Lawyer?
It is important to understand the advantages of having attorneys if you are involved in truck collisions. Here are some reasons to consider when hiring truck accident lawyers:
- Truck Accident Cases Involve Unique Complexities — Unlike minor fender benders, truck accidents are governed by a complex set of state and federal regulations from organizations such as the Federal Motor Carrier Safety Administration (FMCSA). These cases require specific knowledge of regulations concerning driver hours, maintenance records, and cargo rules. Hiring a lawyer who understands these complex laws and regulations is essential. They can investigate the crash to find all potential violations of the responsible party and advocate for a fair settlement with insurance companies.
- Early Settlement Offers May Not Be Enough to Cover Your Losses — The “DO NOT SIGN” warning for settlement documents is usually a cliché in personal injury law. You may have heard about it in legal TV dramas and movies. If you accept the offer letter straight away, you typically waive your right to pursue additional damages related to the accident.
- The insurance companies interview the drivers involved in the collision and consider all available evidence, including police records, before giving you a settlement offer. Even if the insurance company’s offer appears reasonable, it’s advisable to consult a truck accident attorney first before signing anything.
- Since some injuries take months to manifest, it’s important to wait to settle your claim until you are sure of their full extent. Truck accident lawyers can help assess liability and evaluate potential claims. After making these decisions, they can draft a demand letter proposing the compensation they find to be appropriate based on the circumstances of the crash and the available evidence.
- What You Say to Insurance Adjusters Can Impact Your Case — 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 those conversations alone is that what you share might give the insurance adjusters the idea that the accident was your fault.
- A truck accident lawyer can advise on what to say to protect our claim and guide you through the process. 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 an attorney to represent you in your claim, and all future correspondence must be directed through them.
- Assessing Liability and Establishing Negligence Can Be Challenging — Determining exactly who is at fault in a truck accident and demonstrating negligence requires a thorough investigation and a clear understanding of legal principles. Under California law, victims have the right to seek compensation from any party at fault who caused the accident in which they were harmed. Your lawyer can help identify all potential liable parties in an accident and establish the following elements of negligence:
- The other party had the duty of care not to endanger others.
- That duty of care was violated or breached.
- That violation of the duty of care caused dangerous conditions and injuries.
- There are actual losses or damages resulting from the accident.
A few examples of how the trucking companies violated their duty of care are:
- Inadequate training for the truck driver.
- Allowing truck drivers to work longer shifts than is allowed by federal and state law.
- Failing to conduct a background check that would have revealed a history of reckless driving.
- Recent substance abuse.
Who Can Be Liable In Truck Accident Cases?
In truck accident cases, liability can fall on several different parties depending on the specific facts and circumstances of the incident.
Here’s a list of who may be held liable in a truck accident:
- Truck Driver — If the driver was negligent, such as by speeding, driving under the influence, or violating traffic laws, they may be held responsible for the accident.
- Trucking Company — The company could be held liable if it failed to maintain the truck properly, did not follow safety regulations, or pressured drivers to violate hours-of-service rules.
- Truck Owner — If different from the trucking company, the owner may be liable for maintenance issues or vehicle defects.
- Cargo Loaders or Shippers — They may be held accountable for improper loading or securing of cargo that contributed to the accident.
- Maintenance Providers — A third party may be held responsible for vehicle maintenance if they have failed to perform necessary repairs or inspections.
- Other Drivers — If another vehicle’s driver is found to be negligent or reckless while driving, they can be liable for resulting injuries.
Ultimately, determining liability in truck accident cases often requires a careful investigation to identify all contributing factors and responsible parties.
Pursuing Non-Economic Damages In Truck Accident Cases
Insurance companies typically seek to resolve claims by offering settlements intended primarily to cover immediate medical expenses. While medical costs from a truck accident can be substantial, your total losses are often considerably greater than just the bills. Accepting a quick settlement may mean waiving your right to compensation for long-term impacts, including both economic losses and non-economic damages.
When you are involved in a truck accident, you might be qualified to seek compensation for the lost wages you incurred as a result of being unable to work due to the injuries you have suffered. Damages for loss of earning capacity are just one of the economic damages you may be able to recover.
Non-economic damages refer to subjective, non-monetary losses that are difficult to quantify but can significantly affect a victim’s quality of life. In California truck accident cases, victims may be eligible to pursue compensation for pain and suffering (physical and mental), emotional distress, and loss of enjoyment of life.
If a loved one has died or been seriously injured in an accident caused by negligence, eligible family members may pursue non-economic damages for their suffering and loss of companionship.
Unlike some other types of injury cases, truck accident claims in California generally do not have a cap on non-economic damages. In many cases, the jury is responsible for determining the amount of non-economic damages. Personal injury lawyers regularly demand more for non-economic damages than economic damages based on how much the accident changed the lives of the victims in non-financial ways.
Nowadays, truck accidents are becoming more common. Every day, people die in road accidents, and this is often reported in the news. Knowledgeable personal injury lawyers can assist you if you are hurt in truck accidents.
How Can Our Experienced Truck Accident Attorney Help With Your Case
Hiring an attorney with experience in truck accidents can be beneficial in many ways. One of which is navigating the complex legal process and pursuing fair compensation under the law.
Here’s how our truck accident attorneys help with your case:
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Identifying All Potentially Responsible Parties
Determining the parties responsible for a truck accident can be challenging, especially in cases involving multi-vehicle collisions. Potentially responsible parties for your injuries may include the driver, the trucking company, the truck manufacturer, or government entities. Your attorney will assist you in identifying all responsible parties and help pursue damages within applicable deadlines.
- Handle Complex Negotiations
In order to pursue compensation, you will need to take legal action against each party involved at the same time. Working with a qualified attorney with the experience to handle cases involving multiple defendants can be beneficial. An attorney will advocate for your claim and will work to seek fair compensation on your behalf.
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Drafting A Strategic Legal Plan
As a crash victim, you might be unsure of what appropriate legal action to take to build your claim and, potentially, a winning case for trial. Your attorney can thoroughly examine your case, gather the necessary evidence, and interview qualified witnesses. They can help you make informed decisions on the course of action to take to pursue compensation for your injuries and losses.
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Proper Application of Comparative Fault Laws
Similar to other states, California follows a comparative fault law, which can affect the total compensation you may be able to claim for your injuries and other damages. Your legal representative works diligently to build a strong case, applying relevant laws and developing sound legal arguments. Additionally, a truck accident attorney can advocate for a fair assessment of your claim and pursue a favorable outcome.
- They Will Guide You Through The Claims Process
The legal process can be both challenging and confusing. You can focus on recovering from injuries and let your injury attorney manage communications with the trucking company and insurers on your behalf. Your lawyer can help you understand your legal options and assist in negotiating a settlement.
Because truck accidents are often complicated, consulting with an experienced attorney can help you navigate the claims process effectively. In other words, consider hiring a personal injury lawyer if you were seriously harmed or suffered losses in a California truck accident due to another person or company’s negligence.
Top Reasons Why Truck & Car Accident Cases Differ
Truck crash cases aren’t like other auto accident claims. Here are a few reasons why these two types of cases are different:
The Extent Of Injuries Is Vastly Different
Not every motor vehicle accident is the same. The first noticeable distinction between a truck accident and a car accident is the injuries suffered by the victims due to the size of the vehicle.
Trucks have a weight advantage over the typical car of up to 76,000 pounds. It’s nearly impossible for an automobile to endure a semi-truck impact without suffering significant damage. The resulting injuries are often catastrophic for the individuals inside the vehicle. Truck wrecks usually cause more damage and severe injuries than car accidents.
The Damages You Can Claim In Truck Accidents Often Vary From Those In Automobile Accidents
Commercial truck collisions vary from car crashes in other aspects as well. The trucking industry is heavily regulated. The trucking industry can involve many stakeholders who may be held liable for the accidents. Because the damage is generally more significant in truck accidents, the potential compensation for injured victims is usually higher than for people hurt in car accidents.
Generally, cases involving more serious injuries may result in higher compensation, but settlement amounts vary widely based on legal and factual considerations. However, even if your losses are significant, the responsible party’s insurance company or legal team may offer a settlement that does not account for all damages. Consider hiring a truck accident attorney to advocate for your rights and support your pursuit of fair compensation.
There Can Be Multiple Parties Responsible Involved In An Accident
In some truck accident cases, it is not only the commercial truck driver who is at fault. Depending on the facts of the case, other negligent parties may contribute to liability alongside a trucking company, truck owner, trucking repair company, or parts manufacturer. In simple car wrecks, the liable persons are usually the involved drivers only.
The Process Of Filing A Truck Accident Claim Differs From Car Collisions
In truck accidents, seeking compensation is often more complex and challenging than the steps required to pursue damages for a car accident. This is primarily because these cases involve specific federal regulations and multiple potential at-fault parties.
The Investigation And Claims Process Of Truck Accident Cases Can Take A Longer Time
Investigating a truck collision and collecting the evidence necessary to build a strong claim can take longer than it does for regular auto accidents. That’s because truck accidents usually involve multiple parties that might be negligent.
Several factors can cause truck crashes, while car accidents usually stem from driver negligence. For instance, a truck accident might be caused by a mechanical failure due to skipped maintenance, an overloaded cargo issue, or driver fatigue resulting from violating federal work-hour limits. These varied causes and potential liable parties make it harder to identify the exact cause of the truck collision and determine who is at fault.
Get In Touch With Our Experienced Truck Accident Lawyers Today
A truck accident attorney can help identify all responsible parties, investigate the accident, and explore sources of compensation. They can advocate for your rights and help you pursue claims from all potentially liable parties.
Learning the reasons for hiring a truck accident lawyer can help you make informed decisions after sustaining injuries from vehicular accidents. Our accident attorneys can guide you through the claims process and work toward a favorable outcome.
The legal team at Arash Law is committed to supporting you throughout your legal journey, as we understand the stress and financial burden that can result from being a victim of a truck accident.
Let’s have a detailed evaluation of your claim. Start the process by calling us at (888) 488-1391 today. We serve clients in Los Angeles, San Diego, San Francisco, Sacramento, Riverside, Orange County, and throughout California.
