A Citywide Law Group attorney can help you in a Personal Injury Lawyer number of ways. First, we will conduct an investigation of the truck accident scene. By doing this, we better understand what happened.
Second, we interview any witnesses to the accident. By investigating the scene and interviewing witnesses, we are able to accurately reconstruct the scene.
Third, we schedule an appointment for you with our expert medical professionals. By doing this, you will have a better understanding of the extent of your injuries.
Next, we begin the settlement process with the negligent party's insurance company. Please note that trucking companies will have a team of attorneys whose sole purpose is to lower your compensation. Level the playing field by having us on your side.
Finally, if the insurer does not reach a reasonable settlement, we are prepared to go to trial to get you the money you deserve.
Statute of Limitations in Truck Accident Cases.
As with most accidents, California Civil Code 335.1 applies to truck accidents. Because of that, you only have two years from the date of the crash to file a lawsuit against the negligent party.
Truck accidents can be complex. For this reason, you should speak with an attorney as soon as possible so that your case can be investigated.
Establishing Liability After a Truck Accident.
The issue of liability is almost always much more complex in a truck accident than in a car accident. A trucking accident often involves more people than just the drivers. An experienced personal injury attorney will rule on who can be held responsible for your injuries.
Determining who the responsible parties are can greatly increase the amount of compensation you will receive.
The list of potentially responsible parties includes.
- The truck driver: Perhaps the truck driver was solely or partially responsible for a truck accident. Perhaps the truck driver was fatigued, under the influence, driving recklessly, inexperienced, or distracted. However, if the driver was fatigued, the trucking company may have been aware that the driver was exceeding the allowable hour limit for work. So, part of the responsibility would fall on the trucking company.
- The trucking company: The trucking company may also be liable under the following circumstances. First, the trucking company may have been aware that the driver did not have enough training. Additionally, the company did not conduct a thorough background check on the driver. If so, then the responsibility would be shared. Even if the employee clearly exhibited negligent behavior that resulted in the trucking accident, the trucking company could bear at least some of the liability.
- The truck manufacturer: In some truck accidents, neither the driver nor the company was responsible for the accident. The truck itself could have had a specific defect. If this is the case, then the manufacturer of the truck, or truck part, could be responsible for the accident. The brakes could have failed, or a defective tire could have blown out, resulting in an accident.
- The truck maintenance company: The maintenance company responsible for checking the truck may not have done its job. For example, they did not check the brakes, tires, and other parts of the truck.
- The trucking company: Finally, the trucking company could be liable if the accident occurred due to improperly secured cargo. The cargo company has a responsibility to see that a load is properly secured.
Compensation You May Receive After a Truck Accident.
Depending on the circumstances surrounding your truck accident, you may be entitled to compensation for:
- Medical expenses,
- Pain and suffering,
- Lost wages, and
- Other damage.
At the very least your current and future medical expenses should be covered. Depending on the level of your injuries, you may be entitled to compensation for your pain and suffering as a result of your injuries. You are also entitled to compensation for lost wages and loss of future earnings.
Pain and suffering may include:
- Pain,
- Limitations of their activities,
- Depression,
- Physical scars, or
- The potential shortening of his life.
Other damage may include repairs to your vehicle. Punitive damages are awarded in cases where intentional negligence was present. Punitive damages are punitive in nature and deterrent to future negligence.
Factors Leading to Truck Accidents.
Other factors that can lead to major trucking accidents include the following:
- Blind Spots: In some cases, a trucking accident can result when a truck changes lanes and there is a passenger vehicle in one of the truck's blind spots. A large, commercial truck has blind spots on each side of the truck, approximately in the middle, as well as directly behind and in front of the truck. Most drivers of passenger vehicles are not aware of these blind spots and therefore do not take precautions to avoid them.
- Defective tires and brakes: On a large truck, defective or worn tires and brakes can also be responsible for trucking accidents. Federal investigators believe that the tires on most large and commercial trucks are not made to go at constant speeds of 75 mph or more. Between 2009 and 2013, approximately 223 fatal truck accidents could be linked to inferior tires on the semitrailer or semitrailer. During an investigation of this type of tire blowout, it was determined that lack of maintenance, along with consistently high speeds, were the most likely factors at fault. Most tires are rated for a maximum speed of 75 mph, however, many states allow drivers to drive at speeds higher than that.
- Improperly Secured Loads: Improperly secured cargo can be the cause of serious trucking accidents. In one case, a large semi-trailer was carrying a load of poorly bound telephone books. The truck flipped—in heavy traffic—and an entire load of phone books slid off the truck, colliding with other vehicles and causing multiple accidents.
- Drivers under the influence: An FMCSA found that nearly 45 percent of truck drivers involved in an accident were taking prescription or over-the-counter medication. The Insurance Institute for Highway Safety found that 15 percent of all drivers had marijuana in their systems, 12 percent had nonprescription stimulants, and 2 percent had cocaine in their systems. Less than 1 percent of truck drivers had alcohol in their systems.
- Fatigued Drivers: Truck drivers are under constant pressure to deliver their cargo as quickly as possible. This leads to tired driving, which inhibits a driver's response time.
- Distracted Driving: Aside from fatigue, truck drivers, like all other drivers, can succumb to distracted driving. Multitasking has become a favorite pastime in the country, spreading to other areas like driving.
Truck Accident Statistics.
The National Highway Traffic Safety Administration reported that in 2012 alone, 244 fatal semi-truck accidents occurred in the state of California. Most of these large trucking accidents occurred in Southern California—specifically San Diego, Imperial, San Bernardino, Orange, Riverside, and Los Angeles counties.
Across the country, the number of fatal accidents involving semi-trucks continues to rise. In general, a fatal truck accident occurs almost eleven times every day. Each year, between 4,000 and 5,000 people are killed in major truck accidents, and up to 100,000 are seriously injured.
Steps to Take After a Truck Accident.
After a truck accident, consider taking the following steps:
- Seek Medical Attention: The first thing to do after a truck accident is to seek medical attention and make sure that all passengers in your vehicle are also properly treated.
- Call the Police: There will most likely be police and ambulances at the scene of the accident, but if for some reason they are not, it is important that you call the police and report the accident. If the police or someone else asks you about the details of the accident, give only the most basic details, including your contact information.
- Remain Silent: Refrain from saying anything that could be interpreted as an admission of guilt. This even includes saying “I'm sorry” to anyone else involved in the accident.
- Take Photographs: If medically possible, take photographs of the scene of the accident, and note names and addresses of any witnesses.
- Talk to an Attorney: Your best bet is to speak with an accident attorney as soon as possible.