If you’ve been injured in a truck accident, then it’s important that you seek immediate medical care, and — when you’re ready— that you consult an experienced truck accident lawyer for guidance on how to proceed with your lawsuit.
We routinely handle truck accident disputes and have capably litigated claims involving a variety of personal and commercial truck types, including:
At Banafshe Law Firm, PC, our truck accident lawyer understands the many frustrations and challenges that plaintiffs encounter in the wake of a truck accident, from medical concerns to work-related issues, and more. Injured plaintiffs may find, for example, that they are being misled or otherwise manipulated in communications with their insurance company to undermine an insurance claim. We’re here to help. Our attorneys provide comprehensive representation so that clients can “rest easy” and focus on what’s important: their recovery.
Some of the primary causes of truck accidents include:
Driver fatigue is one of the main factors contributing to truck accidents across the United States, and it is particularly common in the commercial truck driving industry. Despite the fact that commercial truck driving is a highly regulated industry with maximum consecutive driving hours limits and mandatory break periods, many truck drivers are overworked, improperly scheduled and incentivized or otherwise encouraged to get their jobs done in a way that puts them at risk.
Fatigue logbooks can give the injured plaintiff a sense of the driver’s schedule and whether it is consistent with the facts of the case. Truck drivers and their employers often skirt regulations by falsifying information on their logbooks. If you discover falsified records, then you and a truck accident attorney may be able to hold the driver and employer liable for significant damages — the court may even choose to impose punitive damages, depending on the circumstances.
Victims of truck accidents often struggle to identify who’s to blame after the accident. Would they sue the driver of the truck? The company that hired them to deliver their goods? Both? Below, we review what you need to know when preparing to file a lawsuit after a truck accident.
How the trucking accident occurred will be a significant factor in helping a victim determine who they need to sue. Some of the most crucial elements in a claim revolve around whether the accident was caused by any vehicle or manufacturing defects, or whether the driver was an employee or independent contractor of the company that hired them to drive the truck. If the issue that caused the accident can ultimately be traced to a trucking company, then you would typically pursue a claim against the business and their insurance company. Your truck accident lawyer will likely review your case’s specific facts at your initial meeting and begin making recommendations on the best approach for you.
In California, truck drivers either work as independent contractors with different trucking gigs or are employed through a company. Their legal responsibilities in the event of an accident will change depending on the truck driver’s employment status and fault in the accident. For example, if the driver’s negligence caused the accident, and the driver is an independent contractor, then they might be entirely liable for the accident, and you would pursue a claim against the driver’s insurance company.
On the other hand, if the trucking company also contributed in some way to the accident - such as failing to properly vet the driver’s driving record or ability to carry out the job at hand safely - then they may share liability. If the driver does not have adequate insurance or cannot carry liability on their own, the trucking company and their insurance firm may also be held liable for damages.
A variety of injuries can occur due to an accident, and the severity of the accident can range from serious to fatal. While not all truck accidents can lead to a serious injury, it’s unlikely that you will walk out of a truck accident entirely unscathed. As such, it’s important to consider contacting a truck accident lawyer to understand how you can begin recovering damages for your accident.
Some of the most common injuries that can occur from a truck accident include:
If you have been injured in a trucking accident you are entitled to compensatory damages, which can be divided into two categories: economic damages (out of pocket expenses) and non-economic damages. Damages your truck accident lawyer will fight for include:
Once you begin working with an attorney, they will make recommendations regarding the types of damages that may be available to you after this accident. If your injuries are extensive, you may be entitled to both economic and non-economic damages, meaning you will be compensated for your medical expenses and lost wages in addition to costs associated with pain and suffering or loss of enjoyment of life. In some instances, you may also be able to recover punitive damages, which are designed to rectify egregiously reckless conduct by requiring the negligent party to pay exorbitant damages that would utterly ruin their business.
In March 2021, for example, P. Ryan Banafshe represented a family devastated by a truck accident. With factors such as the motorcyclist having the right of way when he was struck by a utility truck, the judge and jury awarded nearly $24 million dollars to the man and his family.
Truck accidents differ from car accidents in a number of ways. For this reason, it is extremely important to hire a truck accident lawyer who has specific experience handling cases like yours. Some of the primary differences between truck accidents and car accidents include:
If you were partially at fault in a truck accident, how will this impact your claim for financial compensation?
The short answer is, “It depends.” In cases involving multiple at-fault parties, California follows the rule of “pure comparative negligence.” Under this rule, an accident victim’s financial recovery is reduced in proportion to his or her percentage of fault. For example, if you were 50 percent at fault, you would be entitled to recover 50 percent of your losses. However, if you were only 10 percent at fault, then you would still be entitled to 90 percent of your total economic and non-economic damages.
With all of that said, you should never assume that you were partially or completely at fault in a truck accident even if the insurance carrier places you at fault. There are simply too many things that can go wrong to determine fault without conducting a thorough investigation. As your law firm, we will investigate the facts and retain the best experts to determine liability. Your truck accident attorney will also conclusively establish liability in your case and we will seek maximum compensation on your behalf.
If you have been seriously injured in a commercial truck accident, you need to seek legal representation right away. Here are just some of the ways that an experienced truck accident lawyer can help with your case:
Ready to move forward with your claims? Call us at 310-273-7300 or complete a case evaluation form through our website to schedule a free initial consultation with an experienced truck accident lawyer at our firm. The consultation is confidential, and there is no obligation to continue.
Even if you are not sure about your truck accident claims, it’s crucial that you contact a qualified attorney as soon as possible. In California, as in other states, there is a statute of limitations period that applies to your injury claims (specifically, two years from the date of injury in California). Failure to bring an action before the statute of limitations deadline passes could lead to an automatic case dismissal. As such, a brief evaluation could spell the difference between a win and a loss. Call now to learn the strength of your truck accident claim.
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