Ensuring You Get Every Dollar You’re Entitled to After a Truck Accident
Truck accidents can lead to serious injuries and significant financial burdens for victims. If you are in this situation, you might not be able to manage the legal issues it entails. Most especially, you might not be able to maximize the compensation you get. This is where you might need the services of a reliable truck accident attorney in Los Angeles, CA.
Truck accidents in Los Angeles are more common than many people realize. The city’s bustling streets and heavy traffic can prove to be an overwhelming hazard. For large commercial vehicles, sharing the road with smaller passenger cars can be dangerous. This is why you will need to ensure you get the compensation you deserve, and get all the help you need.
Quick Summary:
- Truck accidents can lead to serious injuries and significant financial burdens. Driver negligence, vehicle issues, and regulatory violations all contribute to frequent truck accidents.
- Compensation for truck accidents cover medical expenses, lost wages, property damage and more. This compensation is affected by the severity of injuries, evidence of negligence, and California’s comparative fault law.
- California also has a two-year statute of limitations for personal injury claims. This includes truck accidents. Fortunately, a truck accident lawyer can help you create a compelling case and represent you in court.
What Causes Truck Accidents in California?
Truck accidents are a significant concern on the roads in Los Angeles, California. The high volume of commercial vehicles greatly increases the risk of collisions. This is why it’s important to know the different factors that affect this type of accident.
Driver Negligence
Fatigue is one of the main reasons for negligent driving. Long hours and demanding schedules can lead to driver exhaustion. This significantly impairs their reaction times. The use of mobile devices or other distractions while driving can also increase the risk of accidents.
Vehicle Issues
Maintaining the truck to its utmost condition should be prioritized by drivers. Poorly maintained trucks can suffer from brake failures or tire blowouts. Occasionally, vehicular parts can be defective. Mechanical failures due to manufacturing defects can cause accidents.
Regulatory Violations
Truck drivers are actually subject to regulations limiting their driving hours. Violating this can force longer times on the road, leading to fatigue-related accidents. In addition, different trucks have different cargo capacities. Improperly loaded cargo can affect vehicle stability and handling.
Types of Compensation You Can Recover After a Truck Accident
After experiencing a truck accident, you should be getting compensation for the injuries and damage you sustained. Different types of compensation are available that cover different needs. Victims of truck accidents may be entitled to the following:
Medical Expenses
This covers both current and future medical costs. The injuries you sustained in the accident should be covered by the compensation. It usually includes hospital bills, surgeries, rehabilitation, and ongoing care.
Lost Wages and Loss of Earning Capacity
Victims can claim compensation for wages lost during recovery. This includes any future loss of earning capacity due to long-term injuries. It also covers disabilities that hinder their ability to work.
Pain and Suffering Damages
These are non-economic damages awarded for the physical pain, emotional distress, and mental anguish caused by the accident. This can include chronic pain, anxiety, depression, and reduced quality of life. These can be considered different from medical expenses.
Property Damage Recovery
Compensation for property damage usually covers the cost of repairing damaged belongings. It may also cover replacing vehicles and personal belongings damaged in the accident. This is assessed based on repair estimates. It can also be based on the fair market value of the vehicle if it is deemed a total loss.
Key Factors That Affect Your Compensation Amount
Getting full compensation from truck accident claims isn’t always straightforward. Compensation is very dependent on several key factors taken from the accident. In addition, compensation can increase based on how serious the situation is. These are the factors that affect the compensation you get:
Severity of Injuries and Long-term Impacts
The extent and nature of injuries play a vital role in determining compensation. Severe injuries often lead to higher medical expenses and longer recovery times. Fortunately, this can increase the total compensation awarded. Injuries such as traumatic brain injuries or spinal cord damage usually result in more substantial claims.
Evidence of Negligence by the Truck Driver or Company
Establishing negligence is important for maximizing compensation. This may involve demonstrating that the truck driver violated safety regulations. It can also include the trucking company failing to maintain their vehicles properly. Evidence of negligence can also be proven by accident reports, witness statements, and data from the truck’s black box.
Comparative Fault Laws in California
California follows a “pure comparative negligence” rule. This means that even if a victim shares some responsibility for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault. For instance, if a victim is 20% at fault for the accident, their total compensation will be reduced by 20%.
How a Truck Accident Attorney Can Help Maximize Your Compensation
A truck accident lawyer plays an important role in helping you build your case. They can help you create a case that can convince the court of your claim. They can do this while fitting into the necessary deadlines of the court. A knowledgeable lawyer can utilize the following skills to help:
Determining Liability
Determining liability in truck accidents is more complicated than in regular vehicle accidents. This is because multiple parties are involved, such as the truck driver and the trucking company. A skilled truck accident lawyer can determine liability through the following methods:
- Gathering Evidence: A convincing case relies on the collection and presentation of compelling evidence. Truck accident lawyers are skilled in gathering various types of evidence. This evidence is used to establish liability and support your claims.
- Eyewitness Accounts and Expert Testimonies: Eyewitnesses offer firsthand accounts for reconstructing the events of an accident. Expert testimonies can further explain technical aspects and support injury claims.
- Police Reports and Medical Records: Police reports provide an official account of the accident. They detail traffic law violations and initial fault assessments. Meanwhile, medical records document the severity of injuries.
- Trucking Company Investigation: Lawyers can investigate the trucking company’s practices. These include driver training and maintenance records. This investigation can uncover if the company truly followed safety regulations.
Negotiating With Insurance Companies
Truck accident lawyers are skilled negotiators who know how insurance companies operate. They know the tactics insurers use to minimize payouts. With this, they can counter these strategies effectively.
They can present a well-documented case that includes evidence of negligence. This case includes the full extent of damages and more. With this, attorneys can negotiate for a settlement that reflects your actual losses.
While many cases settle out of court, having a lawyer who is prepared to take your case to trial is important. Sometimes, negotiations may not yield a fair settlement. At this point, your attorney will be ready to advocate for you in court.
Accurate Calculation of Damages
A truck accident lawyer helps clients identify the types of damages they can claim. These damages include medical expenses, lost wages, pain and suffering, and property damage. Accurately calculating these damages considers immediate costs and long-term effects on the victim’s life.
Lawyers use their experience in personal injury law to ensure all potential damages are included in a claim. They often collaborate with medical professionals to assess injuries and future care needs. This helps victims get fair compensation that accurately reflects their losses.
Handling Legal Paperwork and Deadlines
Truck accident claims require a lot of legal paperwork and strict deadlines. A truck accident lawyer can manage all documentation. They can complete the paperwork accurately and submit it on time. This includes initial claims and trial preparations.
By managing all legal aspects, truck accident lawyers protect their clients’ rights throughout the process. They help victims avoid settling for less than they deserve. In addition, they provide guidance on the legal implications of their choices.
California also has specific laws and deadlines for filing personal injury claims. A knowledgeable attorney will prevent cases from being dismissed due to missed deadlines. This deadline is called a statute of limitations.
California’s Statute of Limitations
In California, personal injury claims must be filed within a two-year statute of limitations. This includes claims from truck accidents. Missing this deadline can result in losing your right to seek compensation.
Evidence can deteriorate or be lost over time, making timely action important. An experienced truck accident lawyer will quickly initiate investigations. This helps secure evidence before they become unavailable.
Maximize Your Compensation With Help From Our Truck Accident Attorney!
Maximizing truck accident compensation in Los Angeles requires careful planning. Fortunately, hiring a truck accident attorney in Los Angeles can offer you more benefits than you realize. They can manage the legal complexities of the case while you recover from the accident.
At Conlogue Law LLP, our trusted attorneys will help you maximize the compensation you get. We will advocate for your rights, and ensure that you receive fair treatment. Whether it is getting maximum compensation or handling negotiations, we have the necessary experience to deal with it.
If you or someone you know has been involved in a truck accident, do not hesitate to reach out for our team. We offer empathetic service, with a team that understands the struggle that you are going through. Call us today, and get a free consultation!
