Santa Ana Truck Accident Lawyer

Santa Ana Truck Accident Attorney

The costs of a truck accident are steep. The victims could be faced with medical bills, lost wages, damage to a vehicle, and a profound psychological impact. Under personal injury law in Santa Ana, these costs are the responsibility of those at fault for the accident, and a Santa Ana truck accident lawyer may be able to help you hold them accountable.

Kenneth M. Sigelman & Associates has a team that’s prepared to help you if you’ve been the victim of a truck accident. These cases can often be complicated because of the complex nature of trucking operations, but we are prepared to handle that challenge. We fight for fair compensation for our clients, whether through negotiation or taking the claim to court.

What Does a Santa Ana Truck Accident Lawyer Do?

When you hire a Santa Ana truck driver to help with your claim, it’s their job to represent you and advocate for you while seeking compensation for your injuries. They will need to perform at least two, and sometimes three, primary functions.

Investigation

The first thing that your lawyer needs to do is investigate the accident. In particular, they need to be able to identify who is at fault and gather evidence that can prove their fault should the claim need to go to court. This process can be especially difficult in the case of a truck accident because trucking operations are often complex and can involve a number of different parties.

In the course of the investigation, your attorney may also look to gather evidence that could be useful in arguing that you weren’t at fault for the accident. Under comparative negligence rules, the defendant could argue that you were at fault, and if they are successful, that could reduce the compensation that you receive. You will want to be prepared for this possibility in order to maximize your award.

Negotiation

Usually, before litigation involving the courts, there will be an attempt to negotiate a settlement with the defendant or their insurance provider. There can often be benefits to both sides to settle the claim rather than going to court. One of the benefits is that it eliminates the inherent risk involved with the legal process. There is always a possibility that the court might end up ruling against you. With a negotiated settlement, though, you have the assurance that you will receive whatever is agreed upon.

Additionally, a settlement can often be a quicker process. Taking a claim through the trial process could add extra months or even years to the time before you receive the funds you’re owed. For those who need the money sooner, a settlement is only limited by how long the negotiation process takes. In most cases, you will receive the agreed-upon money within 30 days of the settlement being finalized.

Your lawyer negotiating a settlement provides you with a few advantages in the process. One is that it prevents you from saying anything that may be argued as you accepting some blame for the accident. Another is that it means you will have someone experienced on your side. There are likely to be experienced lawyers on the other side of the negotiating process, and having a lawyer on your side evens the dynamic.

Another benefit of having a lawyer representing you is that it makes clear the possibility of going to court if an agreement can’t be worked out. Those on the other side might want to avoid that outcome, and this could motivate them to take the situation a bit more seriously.

Litigation

Lastly, we are prepared to take the claim to court if a fair settlement can’t be reached. We can make the case that the defendant was at fault for the accident and that they are liable for the costs associated with your injuries. Your lawyer will also be prepared to defend against any claims that you were at fault in an attempt to reduce your compensation.

Who Could Be Liable for a Truck Accident?

Trucking operations are often complex and involve several different parties in the management and transportation of the freight. This means that while all the parties that could be involved in a standard car accident could be liable, there are also some additional parties who could be to blame. Some of the potentially liable parties in a truck accident include:

• The Driver. In many cases, the driver of the truck is at least partially at fault, usually as a result of a traffic violation or not managing the vehicle properly.In addition to needing to follow the standard rules of the road, such as not speeding or driving distracted, truck drivers have additional regulations governing how many hours they can drive without rest and how long their rest will need to be. Violating these regulations could also lead to them being found at fault for an accident.
• The Driver’s Employer. An employer could be liable for the actions of their employee. That could mean that they bear some blame for the accident, particularly if there is something about their policies that could make them more likely to encourage an accident. For instance, unreasonable expectations around delivery timing could lead to a driver taking more reckless chances.
• Another Driver. Sometimes, a driver not directly involved in the accident could be partially at fault. If they were driving recklessly, an accident may have resulted from other drivers trying to avoid the initial reckless driver.
• The Loader. Truck trailers need to be properly balanced to be the safest that they can be on the road. Unfortunately, though, improper balance can factor into an accident and make a truck more likely to roll over or jackknife. If the team loading the truck failed to do so in a safe manner, they could be at least partially liable for the accident.
• The Shipper. The shipper may be a different company than the driver’s employer, and they could potentially create a greater likelihood of an accident through an issue like poor policies or failing to properly package the freight.
• The Freight Owner. If the owner of the freight fails to disclose something important, such as hazardous materials, that could lead to their liability for the accident.
• The Government. Some accidents are the result of an issue with roads, traffic lights, or traffic signs. If one of these matters led to an accident, it could mean that the local government responsible for the maintenance of those concerns could be the liable party.
• A Parts Manufacturer. Sometimes, a defective or malfunctioning part can make a vehicle difficult or impossible to control. When this happens, so long as the part has been properly maintained and inspected, the manufacturer of the part or vehicle could be liable.
• A Maintenance Provider. In some cases, a maintenance provider could be liable for an accident if they failed to properly install a part or provide other maintenance that would have directly impacted the injury.

Proving Fault in a Truck Accident

Compensation can only be collected from a party that is directly responsible for the accident in Santa Ana and the injuries involved. If the case should go to court, your lawyer will need to prove that liability by demonstrating an act of negligence on the part of the defendant. This generally involves proving three different components:

• Duty of Care. Someone having a duty of care means that they have a responsibility to be careful that their actions don’t put others in an excessive risk of harm. Generally, wherever something as potentially dangerous as a trucking operation is involved, it’s understood that every party has a duty to take reasonable precautions to minimize the risk that they create.
• Breach of Duty. When someone fails to take the appropriate actions needed to meet their duty of care, that’s considered a breach of duty. Your lawyer, to prove a breach, will need to describe both what the defendant did in the situation around the accident and how those actions constituted a breach.Because trucking operations can be complicated, it may be necessary to bring on an expert witness who can describe why the defendant’s behavior was a breach of duty.
• Cause of Injury. The breach of duty must be shown to have been the direct reason that the injuries occurred. In a truck accident case, this means showing that the breach led directly to the accident and that the accident then led directly to the injuries.This is important because the defendant could challenge that, while there was a breach on their part, it was not directly the cause of the accident. It’s also possible that they may claim that the injuries were either pre-existing, suffered after the accident, or were exaggerated.
• Costs Are a Result of Injuries. Finally, your lawyer must then show that the compensation that you seek is to cover costs that are a direct result of the injuries you suffered in the accident.

FAQs

Q: How Much Are Most Truck Accident Settlements Worth?

A: The value of most truck accidents is difficult to determine, as most cases are settled before going to court. However, it’s worth recognizing that each truck accident is unique, and the value of any settlement is determined by the particular circumstances of the accident. This means that past settlements don’t necessarily reflect what you should expect in your case.

Your lawyer, though, may be able to give you a better idea of what to expect after reviewing your case details. Your truck accident settlement should reflect the cost of your damages.

Q: How Could Comparative Negligence Impact My Claim?

A: Comparative negligence could negatively impact your ability to collect compensation for your injuries should your claim make it to trial. In that case, if the defendant can prove that you were at least partially responsible for your injuries, your compensation would be reduced proportionately to your share of fault. For instance, if someone were 20% at fault on an award of $500,000, they would be able to collect $400,000 in compensation.

Q: Can I Settle My Claim Without a Lawyer?

A: You can attempt to settle a claim without the help of a lawyer, but this is not a generally advisable approach. There are several ways a lawyer could help. In particular having a lawyer speaking on your behalf could help you avoid saying something that could be used to argue that you were accepting blame for the accident. A lawyer also has experience with the negotiation process and understands how to make a strong argument for the compensation that you deserve.

Q: What Is the Statute of Limitations on a Truck Accident in California?

A: The statute of limitations on a truck accident claim in California will be two years in most situations. There are some situations, such as if the government is liable, where the timeline will be reduced. In other circumstances, such as when a minor was involved, the timeline may be extended. It’s always wise to contact a lawyer soon after your accident so that you can seek the compensation you need before the statute of limitations passes.

We Can Seek Compensation for Your Truck Accident Injuries

Truck accidents are some of the most dangerous incidents that can take place on the road. They often carry significant consequences for the victims, leaving them to bear a substantial cost. However, those costs should be compensated by the party at fault or their insurance provider. Trucking accidents are particularly complex, and it’s critical that victims work with the right Santa Ana truck accident lawyer.

At Kenneth M. Sigelman & Associates, you’ll find a team that’s prepared to handle the challenges of a trucking accident claim. In addition to outstanding legal help, we also take care to respect the difficult situation that our clients face.

We recognize the emotional toll that a truck accident and the injuries can take on families. That’s why we are dedicated to getting the compensation that our clients deserve, whether by negotiating a settlement or through litigation. Contact our team today for help obtaining fair compensation for the costs you’ve incurred from a truck accident.