Truck Accidents
Every year in the United States, tens of thousands of individuals sustain injuries in truck accidents, with thousands tragically losing their lives. Despite this alarming statistic, many trucking companies tend to regard these accidents as routine occurrences. These companies merely factor the accidents into their financial plans by budgeting for insurance and potential liability expenses.
Recognizing the devastating impact of truck accidents, our lawyers possess the expertise to navigate the complexities inherent in such legal cases. Our firm channels its efforts and resources into safeguarding the best interests of individuals who have endured catastrophic injuries or suffered the loss of loved ones due to another party’s negligence.
California Law Governing Truck Accidents
Truck accidents differ significantly from typical car collisions. The distinction between being involved in a crash with a truck rather than a standard passenger vehicle alters the approach to handling a personal injury claim. Unique rules and accident investigation procedures govern truck accidents. Understanding these disparities in truck accident law is vital for attaining the most favorable outcome in a legal case.
Every truck must adhere to both state and federal laws and regulations aimed at reducing the risks of accidents. Nevertheless, certain truck drivers and commercial trucking firms may choose to overlook safety regulations to meet deadlines and boost profits.
Given their potential hazards, commercial trucks are mandated to comply with specific regulations designed to uphold road safety. If one has been involved in a truck accident, it's essential to engage an experienced attorney to help in reaching justice while they heal; pursuing a claim independently is ill-advised and may diminish the compensation they could potentially receive.
Statute of Limitations in Truck Accidents
Under California law, victims involved in a truck accident have a window of two years to initiate a lawsuit under a personal injury cause of action. This cause of action encompasses the injuries sustained from a collision involving a commercial vehicle, like a truck. It is highly recommended to act much sooner than this deadline, however. Trucking companies often operate swiftly and assertively; they will not wait for two years. They will act promptly and vigorously to construct a defense aiming to absolve them of responsibility for the accident. If an individual is contemplating filing a lawsuit related to a truck accident, seeking guidance from a seasoned personal injury attorney is crucial. At Phillips, Erlewine, Given & Carlin LLP, our experienced attorneys can offer insights on the best course of action to take.
Damages in a Truck Accident
Victims of accidents involving big rigs and semi-trucks often suffer from incapacitating injuries that profoundly alter their lives, necessitating substantial financial support for the long term. Aside from recovering medical and hospital expenses, victims of truck accidents may also require funds to compensate for lost income, future medical expenses, and other financial setbacks resulting from the accident.
In a truck accident lawsuit, potential compensation that may be pursued include both economic and non-economic damages:
Costs related to medical treatment and healthcare services
Physical therapy and rehabilitation expenses
Counseling and mental health support fees
Compensation for lost wages due to absence from work
Damages for pain and suffering, which encompasses both physical and emotional distress
Claims for wrongful death
Liability in a Truck Accident Case
Determining liability in the aftermath of a truck accident can be a daunting task due to the involvement of multiple parties. Each of these parties may potentially bear responsibility for the incident. These parties can include the truck driver, the trucking company, the entity that contracted with the trucking company for their services, the truck manufacturer, the carriers or shippers, and many more.
The Truck Driver: The truck driver is frequently the primary suspect owing to factors such as stringent deadlines, challenging working conditions, fatigue from extended periods on the road, violations of driving hour limits, and distractions like cell phone use. Moreover, these drives may resist acknowledging fault to avoid jeopardizing their employment in the trucking industry.
Trucking Companies: Despite designations like “independent contractor,” trucking companies bear responsibility for their drivers under federal law. Some companies put their drivers under a lot of pressure, asking them to exceed their driving hour limits or to work extraordinarily long hours. Negligence may also arise from improper hiring, training, or retaining unfit drivers. The failure to maintain vehicles or comply with inspection regulations mandated by federal law also presents negligence on the part of the trucking company.
Truck Manufacturers: The manufacturers of big rigs and semi-trucks must follow regulatory standards set by different federal agencies. If an accident results from defective components or products, manufacturers may be held liable even if they complied with the standards of these agencies.
Carries & Shippers: Companies involved in shipping or packaging the cargo transported by the trucks involved in the accident might also bear responsibility for what happened. If the cargo itself played a role in causing the accident, if it shifted or fell off the truck and caused a collision, then these companies could also be held accountable.
The Injured Party: Even if the victim bears partial responsibility for the accident that occurred, they may still be entitled to damages under comparative negligence rules. However, to recover damages, negligence of the other party must be demonstrated through:
(1) The responsible party's obligation to exercise reasonable care.
(2) Their failure to fulfill that duty.
(3) How this failure contributed to their injuries.
Establishing negligence typically entails a complex legal process, underscoring the importance of consulting an experienced attorney for guidance on any legal rights a party may be entitled to.
Why Choose Us As Your Truck Accident Attorneys?
Expertise: Our truck accident lawyers are knowledgeable in personal injury law and have extensive experience handling vehicle accident cases. We have a thorough understanding of the legal, ethical, and medical complexities involved and will use our expertise to build a strong case on your behalf.
Personalized Approach: We believe in providing personalized attention to every client. We understand that each case is unique and requires a tailored approach. Our injury attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.
Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in vehicle accident, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.
Resources and Network: We have access to a wide range of resources and a vast network of experts, including medical professionals and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.
No Fee Unless We Win: We understand the financial strain that can come after a truck accident and any investigation that follows, which is why we generally take personal injury cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.
Choosing the right attorney after suffering a trucking accident. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.
