Common Questions about Truck Accidents in California
Truck accidents are some of the most damaging motor vehicle accidents that occur in the United States. If you or a loved one recently experienced a truck accident of any kind, it is natural to have many questions about your legal options and what to expect if you file a civil claim against the party responsible for the accident. The attorneys at Kenneth M. Sigelman & Associates provide compassionate and comprehensive legal counsel to the victims of truck accidents in the San Diego, CA area. Review the following frequently asked questions and their answers to learn more about what you can expect after a truck accident in California.
Q: How Do Truck Accidents Happen?
A: Commercial truck accidents happen for many of the same reasons as standard car accidents, such as drunk driving, distracted driving, speeding, reckless driving, and dangerous road conditions. However, due to the large size and poor maneuverability of most commercial trucks, these vehicles are vulnerable to additional hazards, such as imbalanced cargo, lack of visibility in large blind spots, and truck driver error.
Q: Who Is Liable for a Truck Accident?
A: One of the most challenging aspects of any truck accident claim is determining liability. It is possible for one or more parties to bear responsibility for your recent truck accident depending on how it occurred. For example, if a truck driver caused your accident due to drunk driving and their employer never conducted an appropriate background check before hiring the driver, both the driver and their employer could be accountable under the legal concept of vicarious liability. Your attorney can help you determine who is at fault for your recent truck accident.
Q: Can I Sue for a Truck Accident?
A: If you believe your truck accident occurred due to another party’s negligence, you likely have grounds to file a personal injury claim against the party responsible. Your attorney can help you prove the defendant violated their duty of care for the situation in question and directly caused your damages.
Q: What Are the Most Commonly Reported Damages in Truck Accident Claims?
A: Truck accidents are some of the most damaging motor vehicle accidents that can occur in California. Many truck accident victims experience severe injuries, some of which cause life-changing medical complications. Truck accident claim plaintiffs also commonly claim lost income, property damage, and pain and suffering.
Q: What Do I Do If My Loved One Died in a Truck Accident?
A: In the event you lost a loved one in truck accident that you believe occurred because of another driver’s negligence, you have the right to file a wrongful death claim in place of the personal injury claim your loved one could have filed if they survived the accident. A wrongful death claim is very similar to a personal injury claim in many ways, but there are some unique factors that you will need an attorney to help you address.
Q: How Much Compensation Can I Receive If I Win My Truck Accident Case?
A: A truck accident can easily cause devastating losses for the victim and their family. Your truck accident claim can potentially help you recover your medical expenses, including immediate medical expenses and long-term medical expenses your condition incurs. You can also claim lost income, both immediate and future, depending on how long your injuries force you to remain home from work. Your attorney will also help you secure compensation for your pain and suffering. The amount you receive in noneconomic damages depends on the severity of your injury and the likelihood that you will experience long-term complications.
Q: Do I Need a Lawyer to File a Truck Accident Lawsuit?
A: Technically, it is possible to manage a personal injury claim on your own without an attorney. However, doing so will be incredibly difficult, especially if you are suffering the aftermath of severe injuries from your truck accident. Hiring an attorney will make recovery more likely and much easier. You can rest and focus on healing while your attorney manages your legal affairs on your behalf. Additionally, an experienced truck accident attorney will have access to resources that you do not and the ability to easily manage the procedural requirements of your case. This means less of a chance of a technical mistake or filing error interfering with your case. Ultimately, it is always best to hire an attorney to represent you when you intend to file a lawsuit of any kind.
Q: How Long Does a Truck Accident Case Last?
A: Personal injury claims can potentially settle within weeks or a month of two of filing the initial complaint, or they may drag out for several months to over one year depending on the complexity of the case. If the defendant’s liability is immediately clear, swift settlement is typically in their best interest. Your attorney can provide you with a reasonable estimate of how long your case is likely to last before you reach a resolution.
Q: How Long Do I Have to File a Claim After a Truck Accident?
A: California provides a two-year statute of limitations on all personal injury claims, including those pertaining to truck accidents. This may seem like plenty of time to file your lawsuit, but the reality is that you may not be able to immediately calculate the entire scope of your claimable damages. It is best to consult an attorney as soon as possible after a truck accident to ensure you meet the statute of limitations for your truck accident claim.
Q: What Can I Expect from Kenneth M. Sigelman & Associates?
A: When you need reliable and compassionate legal counsel after experiencing a truck accident in California, the attorneys at Kenneth M. Sigelman & Associates have the skill, resources, and experience to guide you to a favorable result. We understand how devastating truck accidents can be and the severe financial toll such an accident can take on victims and their families. Contact us today to schedule a consultation with our team and find out how we can assist you with your truck accident claim.