California Truck Accident Lawyer
California Truck Accident Lawyer
Truck accidents often cause severe or fatal injuries because commercial trucks are much larger and carry much more weight than passenger cars. If you suffered injuries in a truck accident, you may be able to receive compensation from any at-fault parties. A California truck accident lawyer can help you navigate the complexities of the truck accident claims process.
California Truck Accident Attorney With Proven Track Record of Success
If you suffered injuries in a truck accident caused by a negligent truck driver, you can file a claim for compensation. To be eligible to file a claim, your California truck accident attorney must first establish liability. You may be able to prove the driver was liable in situations that involve:
- Driver error
- Distracted driving
- A drunk or intoxicated driver
- Driver fatigue
- Drivers with inadequate skills or training
- Driving too fast for conditions
- Improper loading
You will need to gather evidence to prove the driver caused your accident. Evidence such as the police report, eyewitness testimony, photos, information from the truck’s electronic onboard recorder, and the results of the post-accident drug and alcohol test will all be helpful in establishing fault.
Once you are able to establish liability, you may be able to collect for a variety of damages, including:
- Medical bills
- Lost wages
- Other related economic costs
- Pain and suffering
Contact a California Truck Accident Lawyer
Your California truck accident lawyer may be able to find parties aside from the driver liable in your accident. Most commonly, you will be able to hold the trucking company responsible through the theory of vicarious liability. Essentially, vicarious liability means that an employer is responsible for the negligent actions of any of its employees.
Other liable parties may include those who performed maintenance on the truck, those who loaded and packed the cargo, and anyone else responsible for the operation of the truck. Victims may be able to hold other parties liable when any of the following are the cause of an accident:
- Mechanical issues
- Improper maintenance
- Unsafe or improperly loaded cargo
- Drivers who violate overdriving regulations to meet deadlines or employers who force their drivers to drive longer than allowed
- Negligent hiring or retention
- Poor driver supervision or training
- Unsafe trucks that have failed or missed inspections
You may hold the trucking company vicariously liable and be eligible to receive compensation from them if you can establish these three factors:
- The driver was acting within the scope of his employment.
- The employer was benefitting from the driver’s activity at the time of the accident.
Speak with an Experienced California Truck Accident Attorney
After a trucking accident, it is important to enlist the help of a California truck accident attorney immediately. The trucking company will be in possession of most of the evidence in your case, which means your lawyer may need to send a spoliation letter to prevent them from destroying this evidence. (Trucking companies can destroy certain records after a given period of time.) This letter also puts the company on notice to expect a claim.
Once you have filed your claim, the insurance company will launch an investigation. During the investigation, an adjuster from the insurance company will likely call you to ask for a recorded statement about the accident. You are under no obligation to provide a statement to them and should instead direct the adjuster to speak with your California truck accident attorney. Providing a statement cannot help your case, but it can hurt it.
Your attorney will manage the claims process, but you will need to continue with ongoing medical care. This is imperative. If you stop your medical care, the insurer can use this as evidence that your injuries are not severe or that you contributed to the severity of your injuries by forgoing medical treatment.
While many cases settle during negotiations with the insurance company, others may wind up in Marin County Superior Court where a judge or jury will decide what award the plaintiff deserves.
Primerus California truck accident lawyers represent the victims of truck accidents and can help you get the compensation you deserve if you sustained serious injuries in a truck accident. An attorney will identify all liable parties, send all necessary spoliation letters, file your claim, and advocate for you throughout the process.