You can understandably handle a minor accident on your own. However, the situation changes when it involves a truck. At that point, you are dealing with a bigger force, and as such, you need external help to achieve the desired outcome.
This article explains reasons why you need a personal injury attorney for a truck accident in California:
Typical Causes of Truck Accidents
There are several causes of truck accidents. However, the leading reasons include:
- Trucker distraction, such as texting or fiddling with a cell phone while in motion
- Fatigue or drowsy driving due to long hours on the road
- Poor weather conditions
- Poorly loaded cargo, triggering a load shift
- Substance abuse by trucker
- Inadequate driving training or driver inexperience
- Mechanical faults like brake failure or tire blowout
Typical Truck Accident Injuries
Truck accident victims sustain severe or fatal injuries. Examples of such injuries include traumatic brain injuries (TBIs), paralysis, spinal cord damage, skull fractures, internal organ damage, joint injuries, and hemorrhaging.
Some victims also suffer wrongful death.
The Place of Insurance Coverage
Victims often sustain severe injuries or death when a truck collides with a passenger vehicle. That is why the federal authorities trucking firms have insurance coverage that substantially exceeds that of a passenger car.
However, this coverage is not available; you need a reputable local personal injury attorney to help you recover significant damages.
Damages to Claim in a Truck Mishap
Truck accident victims who can prove their claims often receive compensation for their losses. The damages are in economic and non-economic terms. Economic damages cover financial losses such as medical bills and lost wages, while non-economic damages address subjective losses like pain, suffering, and emotional distress.
“The estate or relatives of a deceased person can sue the negligent or at-fault party for wrongful death. This lawsuit allows them to recover valuable damages for the ill-fated event,” says personal injury attorney Larry Eisenberg from the Law Office of Eisenberg & Associates.
The Comparative Negligence Rule
According to the California Civil Code Section 1714, a defendant can argue that a plaintiff partially contributes to an accident. If the defendant proves this allegation, a jury or judge will apportion blame accordingly.
Since California operates a pure comparative negligence system, a plaintiff can be 99 percent guilty and still receive one percent compensation.
Taking Note of the Statute of Limitations
The statute of limitations is the deadline or timeframe within which an injury victim must institute a claim. In California, the statute of limitations for personal injury cases is two years. In other words, you must file your claim within two years of the incident, or you will lose the opportunity to demand compensation in the future.
You can speak with a local attorney to know if there are exemptions in your case.
Five Crucial Roles of a Personal Injury Attorney in Your Truck Accident Case
Truck insurers usually dispatch their investigators to an accident scene immediately after they learn about a wreck. Similarly, a progressive-minded victim or loved one must act proactively by speaking with a local truck accident lawyer.
The attorney will hit the ground running. Notably, a personal injury attorney will do the following in such circumstances:
- Establish the identities of the trucker and the trucking firm
- Pursue a temporary restraining order to impound the truck and any proof liable to ascertain the cause of the accident, including the black box data recorder
- Get a copy of the police accident report and comprehensively investigate the scene
- Speak with incident or post-incident witnesses to gather more evidence
- Institute a lawsuit against the trucker, their employer, and any other liable entity
Conclusion
It is crucial to secure the services of a reputable California truck accident attorney after being involved in a truck mishap. The lawyer will offer free consultations and evaluate your case’s merits.
Most California attorneys charge contingently, so you do not need to bother about their charges. Formalize the agreement on the payment and give them the nod to pursue your case vigorously.
Source: Eisenberg & Associates Law, Irvine, California
