It does not take much for a commercial vehicle to cause a lot of damage. The sheer size and weight of an 18-wheeler make the vehicles more difficult to maneuver, which is why drivers must have a special license to operate them. The law is also stricter for commercial drivers.
The damages and losses from truck accidents can include injuries, medical bills, wrecked cars, lost income, and more. You should not have to continue to suffer financially because of a truck accident. An Anaheim truck accident lawyer can help you start the legal process of seeking compensation.
Give the team at Ben Crump Law, PLLC a call at (800) 630-9229 with your questions.
Causes of Truck Accidents
Several things can go wrong when operating a big truck. Driver error, weather conditions, poor maintenance of the vehicle, or improper cargo loading can cause collisions. What caused the accident can influence your claim. Likewise, the cause of a commercial vehicle accident can also point to who is at fault and responsible for paying the lawsuit award.
When the Truck Driver is at Fault
It is common for the truck driver to be the one at fault for an accident. Companies put a big demand on drivers to get from one place to another in a short time. If they try to save time by speeding or driving longer than their maximum hours, they can cause an accident.
Truck drivers put in long hours and cover a lot of miles in a week. The Federal Motor Carrier Safety Administration (FMCSA) sets regulations on how many hours professional drivers can operate a vehicle, such as:
- Only driving 11 hours after 10 consecutive hours off.
- Mandatory 30-minute breaks every 8 hours.
- Not driving more than 60 or 70 hours in 7 or 8 consecutive days.
The state and federal government enforce these rules because fatigue is a common cause of drivers’ mistakes.
When the Trucking Company Is Responsible
The business is responsible for keeping all vehicles in proper working order. They will need to ensure that their trucks are safe to be on the road. Companies need to provide routine maintenance and verify their safety before one of their drivers operate it.
Trucking businesses are also liable for their employees’ actions. They are responsible for:
- Hiring qualified drivers.
- Performing necessary background checks.
- Training employees.
- Providing continued training as needed.
Like other businesses, trucking companies have insurance policies to protect them if they face a lawsuit. When you file a claim against a driver’s employer, you will likely deal with the insurance company.
If one of their drivers causes an accident, their employer is most likely financially liable for the cost of damages. However, it will be the insurance company that is responsible for paying the settlement or lawsuit award.
For a free legal consultation with a truck accidents lawyer serving Accident, call (800) 630-9229
Truck Accident Claims
California law states you have two years to file a personal injury lawsuit against the responsible party, according to California Code of Civil Procedure (CCP) §335.1. You will need to send a notice of intent to sue, which will include:
- From whom you are seeking compensation.
- The amount of compensation.
- Details about the claim.
An Anaheim truck accident lawyer can draft the intent to sue letter for you to ensure you include all the needed information. You will need to send the notice letter before you can file a lawsuit. Your legal team at Ben Crump Law, PLLC can also investigate your case to find evidence that strengthens your claim.
When it comes to your compensation amount, you should make sure to include all your losses. This may include the following:
- Medical bills: Truck accidents can cause serious injuries. You can use all of your medical bills to come up with a sum for reimbursement from the liable party. However, you should also consider any upcoming medical expenses. You or your loved one may require years of therapy to regain ability, flexibility, strength, and more.
- Property damage: Most truck accidents involve damage to a vehicle. You can add the cost to repair or replace your vehicle into your demand. Similarly, you can seek compensation for damages to your business, home, or another structure if the accident was with a building instead of a car.
- Pain and suffering: Along with your medical bills, you may seek compensation for the physical and mental agony you suffered. Broken bones, cuts, surgery, anxiety, depression, and post-traumatic stress disorder can all take a toll from the accident and throughout the road to recovery. While an invoice can’t quantify your pain, medical records and professional testimony can explain how you have suffered and what you might continue to suffer in the future.
- Wrongful death expenses: Truck accidents are so serious that they can lead to death. If you are the family member of someone who died because of a collision with a commercial vehicle, you have the right to seek compensation for your losses. Wrongful death losses can include medical bills, property damage, funeral costs, and burial expenses. Likewise, you can request pain and suffering and loss of consortium in wrongful death cases.
The insurance company might offer you a low initial settlement amount. You will need to negotiate with them about the amount. If you and the other party agree on the settlement amount, then your claim might end there. If you cannot negotiate a fair settlement, then a lawyer can take your claim to court.
Accident Truck Accident Lawyer Near Me (800) 630-9229
How Having a Legal Team Helps
Let us handle your truck accident lawsuit while you focus on recovery. Negotiating with an insurance team can be frustrating. An Anaheim truck accident lawyer can fight on your behalf for the compensation you seek.
While we will negotiate for the highest amount, it will be up to you to agree to the amount. Give the team at Ben Crump Law, PLLC a call at (800) 630-9229, and find out more about truck accident lawsuits.