Being involved in an accident with a commercial truck can be a terrifying event with life changing consequences. This type of accident can put your health and ability to work in jeopardy and your vehicle may be seriously damaged or completly destroyed. At a time when your attention should be solely focused on recovering from your injuries, there are often many things that need to be done to secure your legal rights.
A lawsuit is more likely to result when a person is involved in an accident with a commercial truck than when involved in an auto vs. auto accident for several reasons. There is a bigger incentive for the insurance companies to litigate when the damages are higher as it makes the cost of a lawsuit more justifiable and the returns potentially greater.
At Robins Cloud LLP, we offer free consultations, and we only get paid on a contingency fee basis. What this means is that we don’t get paid unless your case is successful, and you can focus on recovering and healing instead of worrying about how you might pay for legal representation. We understand that trucking accidents can be devastating, both physically and emotionally. Our attorneys have the experience, knowledge, and resources to stand up to large trucking and insurance companies. We will fight to protect your rights and will work hard to obtain the compensation you need and deserve.
Fill out the form below or call us at 310.929.4200 for a free consultation about your trucking accident case.
Accidents involving large trucks are especially dangerous because typically, a fully-loaded commercial truck can weigh at least twenty-five times as much as a passenger vehicle. Because these large trucks can weigh up to 80,000 pounds, they usually need more than five hundred feet to come to a stop on dry roads, making it difficult for truck drivers to stop suddenly or on time to prevent a crash. While there are many different circumstances that can cause or contribute to a large truck accident, common factors include:
Again, like most personal injury cases, there is a two-year statute of limitations for filing a truck accident lawsuit in California. What this means is that you must file a lawsuit within two years of the date of the accident. While this may seem like a long time, it is important to consult with an experienced California truck accident attorney as soon as possible after your injury, as truck accident cases can be complex and it may take a considerable amount of time to determine the appropriate defendants in your case.
As in most personal injury cases that involve car accidents, you must be able to prove that the truck driver, or another defendant(s), was negligent. In other words, you must show that the defendant owed you a duty to exercise a reasonable degree of care to avoid injury, that the defendant failed to exercise that duty of care, and that the defendant’s failure was the cause of your injuries. As mentioned above, it is possible that there may be more than one defendant in your case. Not only can the driver be held liable for your injuries, but in many cases, employers, truck companies, contractors, and insurance agencies may also be obligated to compensate you for your damages. It is also important to note that any defendant may argue that you are at least partially at fault for an accident. Under California’s comparative fault rule, if the defendant can successfully prove that you are even just ten percent at fault for the accident, any compensation you are entitled to would be reduced by ten percent. Given that there are a number of individuals or entities that may be a fault, proving who is negligent can be difficult. Our California truck accident attorneys have the experience, knowledge, and the resources to determine who should be held accountable for your injuries or the wrongful death of a loved one.
If you have been involved in an accident with a large commercial truck, try to remain calm and obtain any necessary medical attention needed by you, your passengers, or others involved in the accident. If you are able, it is also important to collect contact and insurance information from those involved in the accident and to take photographs. This information will be helpful for building your case should you decide to file a lawsuit in the future.
If you’ve sustained serious injuries as a result of a truck accident, after you’ve received medical care, it is also important to consult with an experienced California truck accident attorney. The trucking or insurance company may try to get you to sign a document or give a statement regarding the accident. However, do not sign anything unless and until you understand what you are signing and any effect it may have on your rights. Remember, you are not obligated to sign anything or say anything to anyone from the trucking company, or anyone hired to investigate the accident. Focus on recovering and let our experienced personal injury attorneys deal with the trucking and insurance companies.