YOU HAVE QUESTIONS,WE HAVE ANSWERS. Common Questions
Being injured in a truck accident in California can be very serious. You may not know whether to hold the truck driver or their company accountable for the accident. You will want to calculate economic and non-economic losses, which can be difficult to determine. Our California truck accident attorneys assist clients in holding truckers and their companies accountable for their negligence. We also work to maximize compensation for clients’ losses through personalized planning and strategy development.
Truck accidents are caused by numerous factors. Below are five commonly seen causes of truck accidents in California.
- Driver fatigue;
- Distracted driving;
- Poor weather and road conditions;
- Speeding or reckless driving; and
Determining fault in truck accidents can prove difficult. Here are some questions to consider when determining fault. Who had the right of way? Was the truck driver speeding? Did the driver run a light or stop sign? Did the driver make an illegal turn? Did weather have a part to play in the accident? Are the road conditions poor where the accident occurred? All these questions and more can help determine fault. An experienced California truck accident attorney can give professional insight into the accident and help assess who is likely to be at fault.
Make sure you and your passengers are safe. If necessary, call 9-1-1 and request immediate medical attention.
Contact the police and file an official report. If safe to do so, take pictures, videos, and witness contact information. This information can be valuable in a case to determine fault, confirm the chain of events, and to build a strong case.
In California, all injury claims have a statute of limitations. A statute of limitations is a time frame in which victims have to settle their claim or file a lawsuit. The statute of limitations can differ depending on a variety of factors and, in some cases, can be as little as 6-months from the date of the accident. Victims who fail to settle their claim or file a lawsuit within the statute of limitations lose their legal right to seek compensation for their injuries. Therefore, it is imperative to consult with a trucking accident attorney as soon as possible, to help assess the applicable statute of limitations.
California has a comparative fault rule that allows a plaintiff to receive any portion of damages caused by the defendant. This means if a defendant was 95% at fault for the accident and the plaintiff was 5% at fault, the plaintiff could recover up to 95% of damages caused.
Common damages recovered in truck accidents are:
- Pain and suffering;
- Lost wages;
- Medical bills;
- Medication costs;
- Therapy costs;
- Future medical care costs;
- Home accessibility renovations;
- Hospital bills; and
Every case is unique. Some cases settle outside the courtroom and some must go to trial. To get a better idea of what your case could look like, contact our California truck accident attorneys for a free initial case consultation.
Insurance companies may make an offer to settle a claim early on following an accident. However, settling an injury claim before assessing the full nature and extent of an individual’s injuries can make that offer seem very small, especially if those injuries persist and require medical attention in the near and long term. For this reason, accepting an initial settlement offer can be risky. Working with an experienced California truck accident attorney can help better assess the potential value of a claim and increase the chances of maximizing compensation.
Following an accident, even if you don’t have much initial pain, it may be a good idea at least to be checked by a medical professional. In some cases, the full extent of pain and injuries may not surface immediately. It’s important to take the safe route and make sure you are healthy.
In some cases, truck accidents can cause the death of people involved. These accidents are extremely tragic. Our firm works on behalf of our clients to help determine fault, hold negligent parties accountable, and recover compensation to help them get through difficult times.
While motor vehicle accidents can all fall under an “accident” category, the injuries sustained and the severity of the accidents can drastically differ. Accidents involving trucks can result in rollovers, underride crashes, multi-vehicle pileups, and oftentimes have a higher risk of serious bodily injury due to the difference in the size of trucks compared to cars and the speed at which they travel.
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