Helping Clients Hold Reckless Drivers Accountable
Big rigs are everywhere on our highways and roads. Trucking is one of the largest industries in the country, which means 18-wheelers are out in force these days. While we all appreciate the important service they provide in hauling the goods that we use, there is nothing more dangerous than a careless truck driver. If you are injured in a truck accident, contact a California truck accident lawyer from Kalfayan Merjanian, LLP for a free consultation.
What To Do In Case of a Trucking Accident
In the event you are in a truck accident on a California roadway, it is important to know what to do.
- After an accident, turn on your hazard flashers. If your car is in a traffic lane and you can safely move to the shoulder, do so.
- Check for injuries then call 911 to report the accident and any injuries.
- Gather evidence. Take photos of the scene, of your car, of the truck, and talk to any witnesses. If possible, get photos of the other driver’s identification and insurance information.
- Call a trucking accident lawyer in California to help protect your rights and pursue compensation.
What a California Truck Accident Attorney Can Do
Sometimes the insurance company, the truck driver, or the trucking company may contest a claim. This is where a good attorney makes all the difference. They can determine who to hold liable and seek negotiations for compensation on behalf of their clients. An experienced lawyer may be able to find any of the following that others may have overlooked:
- The truck driver is liable due to impaired driving, high-risk behavior on the road, or driving more consecutive hours than they are allowed by law.
- The trucking company is liable due to long shift requirements, cutting corners on safety or training, or failing to maintain a safe vehicle.
- Both the truck driver and trucking company are liable due to negligence or carelessness, such as loading the truck improperly, falsifying the driver’s logbooks, or otherwise violating California state trucking laws.
What To Expect From an 18-Wheeler Accident Lawyer
An experienced law firm thoroughly investigates potential claims and negotiates with the company. If that fails, a lawsuit may be filed in court. Sometimes the cause of the accident is so egregious that a semi-truck accident lawyer will file a suit immediately, regardless of the insurance company’s position. This may occur if the driver was clearly driving under the influence or to gain access to potentially important evidence that the truck driver or trucking company may be withholding.
What Types of Damages Can One Receive?
There are different types of damages one may be eligible to receive in the event of a truck accident. The 18-wheeler accident attorney will carefully assess the extent of damages to determine how best to approach a case. Some of these damages may include:
- Compensation for pain and suffering. This can be physical, emotional, or mental suffering. Victims of truck accidents often suffer broken bones, bruising, whiplash, PTSD, internal organ damage, internal bleeding, traumatic brain injuries, dislocations, back and neck injuries, and more.
- Lost wages. If the accident caused time off work to recover from your injuries, one may receive an amount equal to the pay lost.
- Lost future earnings. Permanent injury or disablement may mean that one cannot work at all or have a reduced capacity to work. In this instance, one may receive money for what they would have made in the future.
- Past and Future Medical costs. Compensation for any accident-related medical treatments had or may be needed in the future.
- Wrongful death. If a family member in your car dies in the accident, their loved ones may be entitled to receive compensation for the loss of their love, companionship, comfort, and care as well as funeral and burial expenses, and their lost wages.
- Punitive damages. These damages are meant to punish the driver or the trucking company for their actions and are, therefore, not always pursued. To receive punitive damages the big rig accident attorney will have to prove that the truck driver or trucking company acted with malice, oppression, or fraud. A truck accident attorney may be able to assist in determining whether one may be entitled to punitive damages.
Common Causes of Trucking Accidents in California
Our truck accident lawyers often see serious injuries stem from semi-truck accidents, many of which could be avoided if drivers would be more aware, take proper precautions before getting on the roads, and if their companies were more responsible with their deadlines and scheduling.
We often see truck drivers cause accidents due to driving drowsy and late at night. With strict deadlines and limited time to meet these deadlines, truck drivers often feel the need to drive through the night. While there are less drivers on the road in the middle of the night, the effects of driving through the night can carry on to the next day when they continue their journey.
Trucking companies often overlook many safety aspects of their trucks and send drivers out with their trucks and trailers not being up to code. Things such as PSI checks, loads being secured well, doors being locked, straps tightened, and spare tires being locked correctly can be overlooked and cause terrible accidents on the roads.
We also see speeding, drunk driving, inclement weather, short off-ramps, poor road conditions, other reckless drivers, old equipment, and driving in the “no-zone” cause serious accidents.
Different Types of Truck Accidents
Truck accidents aren’t always rear-end or sideswipe accidents. Due to the heavy loads these trucks tend to carry and the overall size of the vehicle, trucks often roll over, jackknife, hydroplane, cause wide-turn accidents, hit other vehicles head-on, t-bone others, and more.
We know these types of accidents can cause a variety of severe injuries and it’s crucial to document the type of accident that occurred. We help victims of truck accidents recover compensation for their losses whether or not they were involved in a head-on collision or in a t-bone accident.
What To Do Now
If you were in a truck accident and believe that the driver or the company was at fault, you should speak to a truck accident lawyer at California Trial Attorneys powered by Kalfayan Merjanian. A statute of limitations bars a person from the right to seek compensation if they fail to settle their claim or file a lawsuit within the specified time. In California, there are many factors governing the statute of limitations for filing a truck accident lawsuit, and the time frame to settle a claim or file a lawsuit may be as little as six months from the date of the accident, so it’s best to not delay.
No Fees Unless You Win
It’s common to be concerned about legal fees when considering an attorney for your personal injury. Our highly-rated lawyers at CA Trial Attorneys powered by Kalfayan Merjanian never charge a fee unless we reach a settlement on your behalf.
That’s right. Once you become a client, you do not owe us any legal fees unless we win your case.
Rest assured that you will never pay us a penny out of your own pocket until your case is successfully settled. This ensures that you can focus on recovering from your injuries without worrying about the cost of pursuing legal action.
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