Truck accidents are some of the most damaging vehicle accidents that happen each year. While the legal process of recovering from a truck accident is the same as you could expect after any other vehicle accident, these cases tend to involve substantial damages and complex legal issues you may be unprepared to face on your own. A California truck accident lawyer is an ideal asset in this situation.
Common Types of Truck Accidents
Before you will be able to recover any recompense for your damages from a truck accident, you must be prepared to prove exactly how the accident happened and name the party or parties responsible for causing it. An experienced truck accident attorney in San Diego, CA, is an incredibly helpful resource in this situation.
Most truck accidents reported each year happen because of negligence, or failure to use reasonable care behind the wheel. Some of the most common examples of negligence that can cause truck accidents include:
- –Distracted driving. This is a leading reason for all vehicle accidents in the United States, and even a few moments of inattention behind the wheel is enough to result in a devastating crash.
- –Exceso de velocidad. While it’s relatively common to see drivers slightly exceeding posted speed limits, any level of speeding is inherently dangerous, and this is especially true for large trucks that require more time and distance to slow down or stop to avoid a collision.
- –Moving violations. Failure to yield the right-of-way, performing an illegal turn, or running through a stop sign or red light are just a few examples of moving violations that can easily cause catastrophic accidents. Moving violations in busy urban areas are especially likely to cause serious accidents.
- –Trucking industry violations. The trucking industry is heavily regulated, and if a trucking company fails to uphold applicable regulations, they could face vicarious liability for the actions of their employee.
While most accidents happen because of negligence, it is also possible for a truck accident to result from illegal and intentional misconduct behind the wheel. The most common example of this is driving under the influence (DUI) of alcohol or drugs, which can lead to civil liability as well as criminal prosecution of the at-fault driver.
Proving Fault for Your Truck Accident
Your attorney can help gather the evidence you will need to firmly establish liability for your recent truck accident. Evidence you may require could include testimony from witnesses who saw the accident happen firsthand, digital evidence like the at-fault driver’s cell phone records and vehicle computer data, physical evidence from the scene of the accident, and traffic camera footage if any cameras were situated near where the accident occurred.
California’s fault rule requires that you prove liability for your accident before you can recover any recompense for your damages. Once fault is proven, you can proceed with filing an insurance claim against the at-fault driver, followed by a personal injury claim if their insurance cannot fully cover your damages. This may sound straightforward enough, but your claim could be more complex than you initially expected.
The right attorney can make every aspect of your recovery efforts easier to manage and more likely to generate the results you hope to see. The truck accident attorneys at Kenneth M. Sigelman & Associates have years of experience resolving vehicle accident cases, and we are ready to put our experience to work in your impending case. The sooner you contact our team, the more time we have to build a compelling case for you.
Q: What Is the Statute of Limitations on a Truck Accident Claim?
UNA: If you cannot fully recover your damages from a truck accident through an auto insurance claim, you need to start a suit for your personal injuries against the person who caused your accident. The statute of limitations or time limit for filing a personal injury case is two years in California, and this begins on the date an injury occurs. Failure to file your claim in this timeframe will mean losing your chance to recover compensation from the defendant.
Q: How Much Is a Truck Accident Settlement?
UNA: The total value of any motor vehicle accident claim depends on the severity of the plaintiff’s damages. Your attorney can help accurately calculate all the economic damages you can claim, including your medical expenses, lost income, and property damage, and they can help maximize the pain and suffering compensation you obtain from the defendant.
Q: What Are the Most Common Injuries From Truck Accidents?
UNA: It’s possible for any vehicle accident to have several damaging effects, including severe injuries. This risk is much greater from commercial truck accidents. Commonly reported injuries include broken bones, facial and dental injuries, spinal cord injuries, and traumatic brain injuries. Victims also often experience multiple cuts, scrapes, bruises, and other minor injuries, along with more serious injuries, making their recovery more painful and difficult.
Q: How Much Do Truck Accident Lawyers Charge?
UNA: Most attorneys representing personal injury cases accept these cases on a contingency fee basis. This means the attorney does not take upfront or ongoing fees from a client and instead takes a percentage of the final case award they secure for the client. Always verify a prospective attorney’s billing policy before you agree to their representation so there are no surprises regarding the cost of their legal services.
Q: What Happens if an At-Fault Driver Does Not Have Insurance?
UNA: All drivers are required to have auto insurance that meets the state’s minimum coverage requirements, but the state has one of the highest rates of uninsured drivers in the country. If the driver at fault has no insurance, you can make a claim against your policy if you bought uninsured motorist coverage before the accident. If not, you can proceed directly to filing a suit against the driver at fault for your personal injuries.
The team at Kenneth M. Sigelman & Associates is prepared to provide the comprehensive legal representation you need for your impending truck accident case. We have successfully resolved many vehicle accident cases for our clients, and we’re ready to apply this experience to your case. Póngase en contacto con nosotros hoy and schedule a free consultation with our team to learn how we can help you recover.