Carlsbad Truck Accident Attorney
If you are injured in a truck accident, it is important to understand your legal rights. Trucking accidents can cause life-changing, expensive damage, and if you were not at fault, you should not have to bear these burdens by yourself. After a truck accident in Carlsbad, you should reach out to a Carlsbad truck accident lawyer right away. Your attorney can help you sort through what happened and understand how to protect your rights going forward.
If you are searching for a seasoned Carlsbad truck accident lawyer, look no further than our team at Kenneth M. Sigelman & Associates. We have decades of experience standing up for the rights of injured Californians after accidentes automovilísticos and can fiercely fight for you to receive the help and compensation that you deserve. We offer free, no-pressure consultations so you can get to know us, and we can get to know your case.
What Should You Do After a Truck Accident in Carlsbad?
If you were in a truck accident in carlsbad, you need to call the police right away. You are legally responsible for alerting the police to an accident, and if you fail to do so, you might face criminal penalties. Your insurance company might also deny your lesiones personales claim if you failed to report your accident when it happened. After you call the police, it is vital that you get medical attention.
Even if you believe that your injuries are not severe, seek medical attention as soon as possible. Visiting a medical professional can help assess for internal injuries and can provide critical health documentation for your personal injury claim. While an ambulance may have been at the scene to check for immediate and dire injuries, it still makes sense to check in with your physician.
Some injuries aren’t immediately apparent; a medical professional should make sure there are no latent injuries. They can address any injuries before you suffer more damage. Additionally, a doctor may be able to expedient an insurance claim.
Will I Be Compensated for Pain and Suffering?
Pain and suffering aren’t always a part of a personal injury claim. Any compensation depends on your unique case, which is why an attorney is so crucial to your case. They can ensure you get fair compensation for your case. When your pain and suffering are later calculated and added to your compensation package, it will be important that you have official medical records of what you went through during the accident.
While you are at the scene of the accident, if you can safely do so, try to collect some evidence. Take photos or videos of the damage and of your injuries. Tell the police what happened and speak to witnesses, if possible, who can vouch for your case. You must reach out to your auto insurance company and tell them what happened. You can file a personal injury claim with your insurance company, and they will begin investigating your case to determine who was at fault.
Who Is Responsible for a Trucking Accident Claim?
Generally, most people assume that the driver is always at fault for a trucking accident. However, if the driver wasn’t properly trained or was working overtime that made them unsafe to be on the road, the trucking company may be at fault. However, if the accident was caused by an improperly loaded backend, then a completely different party may be responsible. In some situations, fault maybe by more than one party. An attorney can help you determine who is responsible for your situation.
Who Receives Compensation After a Trucking Accident in Carlsbad?
States are either no-fault or at-fault states when it comes to accidents on the road. California is what is known as an at-fault state, meaning that the insurance companies of the involved parties will investigate who was to blame and to what extent. They will then determine who will receive compensation and how much based on the aftermath of the accident. To figure out who was at fault, they will utilize lots of pieces of evidence, including:
- The police report: When you call the police right after your accident, they will arrive at the scene and then craft a report about the incident. The information in this report will play an impactful role in determining who was at fault.
- Witness statements: If there were witnesses who saw the accident, they might give statements that help verify which driver did what and what the consequences of the accident were.
- Photo and video evidence: If you, the other driver, or witnesses took photos and videos of the accident, these can be valuable in helping those responsible determine who caused the accident.
Determining fault can be tricky. California uses the principle of comparative negligence, which means that even if one driver is found guilty, you can still be found partially at fault. For example, you might see a case in which a truck driver is found 80% at fault because they were intoxicated while driving, but you were found 20% at fault because you were going slightly over the speed limit.
The compensation you receive will be influenced by the damages you suffered as well as your fault. For instance, if you were found 20% at fault, then you would likely receive 80% of the total costs you are facing rather than 100%. Each case is different, though, and it is useful to consult with an experienced trucking accident lawyer so you can effectively understand what the implications of your circumstances are on your financial compensation.
Why Do You Need a Carlsbad Trucking Accident Lawyer?
Given that determining fault is complicated, you might face hurdles in your communication with insurance companies and other involved parties. Your lawyer can take care of this for you and negotiate on your behalf so that your rights are protected. With the right attorney, you can rest assured that there is a professional fighting to maximize your compensation and make sure that you do not have to bear the weight of the damages all by yourself.
Not all trucking accident cases go to court, but many can involve lengthy negotiations. You might be offered insufficient compensation, or your claim could be denied because of misunderstandings. Your lawyer can take care of these complications and find evidence that you might not have thought about. If your case does go to court, your accident attorney can present evidence and arguments that help your case.
While you can handle your personal injury claim without a lawyer, it is not a wise choice. If legal complications arise, you will not have someone on your side who can watch out for your rights. In addition, it is important to consider the physical and emotional toll of recovering from a trucking accident. Adding the stress of completing legal paperwork and communicating with insurance companies to this stressful period can delay your recovery.
What Are the Risks of Trucking Accidents?
Trucks are some of the most dangerous vehicles because they are a lot larger and heavier than standard vehicles like cars. If you are driving near a truck, you might end up in some of the following common accidents:
- Rollovers: When a truck turns over on the road, it can cause damage to vehicles driving alongside it.
- T-bones: When the head of a truck collides with the side of another vehicle, it can cause damage in any scenario, especially if the truck crashes into a smaller, standard passenger vehicle.
- Head-on collisions: If a truck hits another vehicle that is heading at it head-first, this is called a head-on collision. If two trucks hit each other, they can cause serious damage because of their size. Similarly, if a truck gets into a head-on collision with a smaller vehicle, it might end up crushing the other vehicle because of its mass.
- Rear end: If a truck hits the back of another vehicle, it can cause a lot of damage. The force of such a large vehicle on a smaller one, especially if the truck was moving at a fast speed, can cause immense damage.
- Cargo spills: Trucks are largely used to transport cargo. If the cargo on a truck is not secured properly, or the vehicle hits something that upsets the cargo, it can end up spilling over, endangering the lives of drivers around it.
If you are driving near a truck on the road, it is important to exercise the utmost caution and be prepared in the event of one of the above injuries. If the truck driver is speeding, distracted, intoxicated, or makes a wrong move, you could get hurt. Also, if another driver around a truck is negligent, they could get the truck driver hurt and still cause the truck to suddenly stop, crash, or turn over.
Carlsbad Truck Accidenting FAQs
Q: Is California a No-Fault State?
UNA: No, it is not. This means that the person who is to blame for an accident will be responsible for paying the other involved parties compensation. The state does have a comparative approach to fault, which means you can be partially responsible and still receive compensation, depending on the damages you dealt with and how much of the accident you were responsible for.
Q: What Is the Number One Injury for Truck Drivers?
UNA: Often, truck drivers deal with back injuries as a result of their position while driving. They also often experience neck pain and injuries. In the event of a trucking accident, it is common for truck drivers to be struck with objects that can cause serious injuries. If you were injured in a truck accident, you need to get immediate medical attention and then get in touch with a personal injury lawyer to determine your options for receiving support and compensation.
Q: How Do You Calculate Pain and Suffering?
UNA: There are a few methods that are used to determine pain and suffering after a car accident. For instance, one method involves multipliers where a number is selected to represent their pain and suffering, and then that multiplier is used to determine compensation. If your pain and suffering are assigned a 3, and your medical bills are $5,000, you would receive $15,000. They might use the per diem method, where you receive a set amount of money every day until you recover.
Q: What Is the Accident Liability Law?
UNA: California is an at-fault state, meaning the person responsible for the accident is held financially responsible. However, more than one person can be responsible for an accident, and being partially at fault does not prevent you from receiving compensation the way that it does in some states. Your trucking accident attorney can help you determine what comparative fault might look like in the context of your specific trucking accident.
Q: What Happens if You Don’t Report an Accident?
UNA: It is your legal responsibility to report an accident on the road as soon as possible. If you fail to do so, then you might be subject to costly fines, lose your driver’s license, and face criminal charges. You might also see that your reclamo por lesiones personales is denied by your insurance company if you failed to report the accident.
Contact a Dedicated Carlsbad Truck Accident Attorney Today
If you were in a trucking accident, you should not have to bear legal responsibilities alone during your recovery. Instead, you should get in touch with a reliable trucking accident lawyer who is familiar with your area. Your attorney can review the facts of your situation and determine how you should proceed. Even if you encounter resistance, false accusations of blame, or frustrating communication with insurance companies, your attorney can be there to fight for your rights.
Kenneth M. Sigelman, J.D., M.D., is a serious, dedicated trucking accident attorney who has extensive experience successfully supporting people who have been hurt in trucking accidents. He can consult with you about your Carlsbad trucking accidents for free and determine how he can help you navigate the legal processes ahead of you. Contact Kenneth M. Sigelman and Associates today to find out more about how we can help you.