If you or a member of your family suffered from a truck accident in California in which the fault or some fault of the truck driver is obvious, you should talk to an experienced truck accident lawyer to find out what to do after. Probably, you may claim damages from the truck driver (or from the trucking company) or even another entity (ex: the roads authority) for the injuries.
Below, The Margarian Law Firm lawyers will introduce you the main elements of the California Truck Accident Law. Moreover, in the resources of our site, you can find detailed information about California Personal Injury Law.
1. What is a California Truck Accident?
A truck accident is an incident involving a vehicle which weighs over 10,000 pounds. In result, such accidents lead to property damage, bodily injury and/or death. Mostly, the cause of California truck accidents is the fault of another or such fault aggravates the results.
Trucking litigation involves claims against negligent truck drivers and the companies who hired them. As trucker’s negligence can lead to the most catastrophic injuries on the road, the standards for a driver of a large truck are even greater than for other drivers, because of the injuries that their large trucks can cause. Truck negligence generally falls into two categories: driver error and vehicle maintenance failure. The most common causes of driver error are (but are not limited to):
- Negligence on the part of drivers;
- Inexperienced drivers;
- Fatigue or sleepiness;
- Reckless driving;
- Improper loading;
- Lack of training;
- Drunk drivers or drivers under the drug influence;
- Distracted drivers;
- Defective tires, brakes, and steering;
- Poor maintenance record.
Truck accidents are too common on California highways. Federal regulations control the operation of licensed commercial trucks, but too often people break these regulations. It leads to disastrous results. If suffered fr a m truck accident, don’t let the trucking company (its insurance adjusters or investigators) intimidate you or buy you off with cheap tricks. It is better that your attorney deal with these people while you recover from your injuries.
2. How a Truck Accident Attorney Can Help You
Driver error is one of the more common causes of truck accidents. However, negligence in truck accidents is not only limited to the truck drivers and trucking companies. Truck accidents also occur because of road conditions or faulty road design. It means that roads are not maintained properly or are poorly designed. For example, it may happen that a government body is the negligent party in a truck accident.
The truck accident must meet the following three criteria, for receiving compensation for accident victims:
- the fault or recklessness of another,
- the accident caused injury or death,
- the injuries resulted in compensable damages.
In order to get compensation, an attorney will need to prove that the negligent party failed to use due care.
3. What Kind of Compensation You Can Get if You Suffered a Truck Accident in California
Generally, in cases where serious injury has occured, a plaintiff will have claims for pain and suffering, negligent and/or intentional infliction of emotional distress; and loss of consortium.
You need to contact a truck accident attorney as soon as possible because certain federal regulations require that certain essential evidence must be maintained for a limited amount of time.
The truck company may not pay your medical bills immediately, but your own insurance will often contain medical payment provisions to pay for bills. It is usually in your best interest to contact an experienced personal injury attorney before signing a medical release or authorization, and giving a statement to the trucking company or any insurance company you.
The last thing you want to do if you are a victim of an accident is to prepare required law documents, and fight with insurance companies for getting compensation for your damages. The Margarian Law Firm lawyers will explain you all details of your particular case of truck accident. Firstly, we will have an initial consultation for you. Our lawyers will clarify you how you may be entitled to compensation and reimbursement for suffered damages. When you hire us, you can leave the entire legal headache and concentrate on your recovering. We will protect your interests.
Take the action into your own hands and call us today to get compensation you deserve.