Is It Worth Getting An Attorney For A Truck Accident?

Being involved in any motor vehicle accident is stressful, but truck accidents are particularly traumatic due to their sheer size and weight. Almost 200,000 truck crashes occur annually in the United States, causing significant injuries, extensive property damage, and fatalities. If you are a truck accident victim, you may be able to recover compensation for your damages and losses.

However, several factors may affect the amount you’ll be able to recover. Even in cases where there have been extensive damages, insurance companies often resist paying out claims. They will try to minimize your injuries to minimize the amount they must pay.

Hiring a truck accident lawyer can greatly improve your chances of a successful outcome for your claim. These lawyers thoroughly understand the various trucking regulations and can use this knowledge to build a strong case. They can also help you navigate the legal process and identify all liable parties liable. Additionally, your truck accident attorney will calculate all the damages you incurred and ensure you obtain fair compensation.

Since every case is different, having a lawyer look into the details of your truck accident and provide tailored legal advice can make all the difference. The following are some of the most significant benefits of hiring a truck accident attorney:

A critical but often overlooked aspect is truck maintenance. Given these vehicles’ immense size and weight, even minor defects can lead to catastrophic consequences. Unfortunately, the industry’s demands sometimes lead to substandard work in this area. As a result, unchecked components, including defective brakes, worn-out tires, and malfunctioning lights, often contribute to accidents.

Furthermore, truck drivers often feel pressured by strict schedules and tight deadlines, pushing them to compromise legally mandated rest. Driver fatigue is a significant contributor to truck accidents. When drivers are sleep-deprived, their reaction times slow down, their judgment gets impaired, and their overall awareness diminishes, creating a dangerous situation for everyone on the road.

Other trucking entities, such as manufacturers, companies, and cargo loaders, have other standards and regulations to follow. These complex trucking regulations and the involvement of other parties make it more challenging to determine which specific factors or parties contributed to an accident.

Hiring lawyers specializing in truck accidents can help you navigate these intricacies more effectively. They can investigate all potential sources of liability, gather essential evidence, and build a strong case on your behalf.

The legal process across different cases may look simple because they follow the same steps. However, due to various factors, truck accident claims are complicated legal matters, and attempting to file one alone can be overwhelming.

If you suffered injuries in an accident involving a truck, you shouldn’t be taking on more stressful work during the recovery process and navigate the legal process by yourself. Having a truck accident lawyer work on your case offers peace of mind, knowing someone is protecting your rights.

Many factors can contribute to truck accidents, such as dangerous road conditions, vehicle malfunction, and driver error. Because of this, at-fault states like California acknowledge that multiple parties can be liable for a single accident. For truck accidents, this includes the following:

A lawyer specializing in truck accidents will help you uncover all parties responsible for your case. They will work diligently to prove liability and secure damages for medical expenses, lost wages, pain and suffering, and other related costs. Their goal is to alleviate the stress of legal proceedings so you can focus on recovery and ensure justice is served.

Securing fair compensation is crucial when navigating the aftermath of a truck accident, and this is where truck accident lawyers excel—particularly in dealing with insurance companies. Insurers are notorious for their strategies designed to minimize payouts. They might challenge the severity of injuries, dispute the need for certain medical treatments, or use victims’ statements out of context to shift blame and reduce their liability.

Truck accident lawyers counter these tactics with deep knowledge of insurance laws and negotiation prowess. They ensure that all communications are strategically managed to avoid common pitfalls that could undermine the claim. By meticulously documenting the injuries and gathering robust evidence, including expert testimonies and detailed accident reconstructions, lawyers strengthen the case against insurers’ attempts to undercut the claim. This approach not only maximizes the potential compensation but also underscores the indispensable role of legal expertise in recovering rightful damages for truck accident victims.

Establishing liability in truck accidents entails determining who is legally accountable for damages resulting from such collisions. Four key elements of negligence must be proven to establish fault.

Understanding these elements is essential for a truck accident claim to succeed. You’ll need an attorney with extensive experience in truck accident cases in complex claims involving multiple parties and regulations. They can prove each party’s liability and pursue rightful compensation for you.

Injuries can result in hospitalization, multiple surgeries, assistive medical devices, and costly rehabilitation. After a truck accident, your lawyer can help you keep track of your medical records and document your injuries daily. Proper documentation will help identify and calculate all the damages you can claim.

Compensatory damages are divided into economic and non-economic damages.

In rare cases, punitive damages may also be awarded. These damages are intended to punish the at-fault party for behaving maliciously or with gross negligence. The exact amount varies greatly depending on the circumstances of a claim.

The insurance companies of the parties involved will gather information from drivers involved in accidents and review police reports. Once the insurer determines who is at fault, they will send you a letter offering compensation. If you sign the letter and accept the offer, you forfeit the right to sue.

You should never settle your claim until you fully understand the extent of your injuries. Even if the adjuster offers a lot of money, you should consult a truck accident lawyer before signing anything.

As soon as your lawyer has investigated the truck accident and built your case, they will write a demand letter to the negligent party’s insurance provider. The said letter describes the details of the accident and asks for a specific amount based on your damages.

Truck accident lawyers can help you negotiate a fair settlement with the insurer. However, if the insurance provider doesn’t want to negotiate, the attorney for your truck accident case may sue the responsible party. Filing a complaint is the first step in the litigation process. Once the complaint has been sent, the at-fault party typically has 30 days to respond.

If your case goes to trial, your attorney will represent your rights and interests. Your fight for justice becomes their battle. You can rest assured that you have a committed advocate on your side.

In California, the potential settlement amounts for truck accident cases can range significantly, reflecting the unique circumstances and complexities of each incident. These settlements are influenced by several critical factors:

An experienced attorney’s role is pivotal in truck accident cases. They can effectively navigate the legal intricacies, advocate for your best interests, and negotiate with insurance companies to ensure you receive fair compensation for all damages incurred.

Truck Accident Statistics

Truck accidents are a significant concern on American roads, with the Federal Motor Carrier Safety Administration (FMCSA) reporting 168,406 vehicles involved in large truck crashes across the United States in 2023. While these figures represent a decline from the 2021 and 2022 totals of 15,491 and 14,772, respectively, the numbers still highlight a persistent risk.

In California alone, the trend reflects a similar decrease, yet the impact remains profound. There were 13,110 large truck crashes in 2023, down from previous years, but the human toll was substantial, with 388 fatalities and 5,288 injuries reported. This underscores the devastating effects of truck accidents, not just in terms of property damage but more critically, in human losses and injuries.

These statistics illustrate the severe safety challenges and legal complexities facing truck accident victims. They serve as a stark reminder of why comprehensive legal representation is essential for navigating the aftermath of such traumatic events. With the right legal guidance, victims can address the intricate web of liability and compensation that these accidents invariably involve, ensuring that justice and adequate compensation are secured.

Common Types Of Trucks On U.S. Roads And Highways

We often see the following types of trucks on the road that pose a serious risk to pedestrians and motorists:

Big Rigs — Also known as 18-wheelers, semi-tractors, or tractor-trailers, big rigs are commercial vehicles that haul different types of cargo, which can be extremely heavy.
Delivery Trucks — These trucks transport various packages from retailers like Amazon. Since the loads they’re handling are for delivery, the packages can be unsecured, which may cause the trucks to lose balance.
Utility Trucks — From garbage to fire trucks, these massive vehicles can access every road and highway to serve communities. They are owned by city, state, or federal agencies, which complicates accident cases involving them.
Tractor Units — Also known as bobtail trucks, tractor units are the engines and driver cabins at the front of semi-trucks. Tractor units are still common across the nation, even without a trailer. If they are involved in an accident, they can still cause serious damage.
Tankers — It is common for these trucks to carry liquids that are flammable and hazardous, including gasoline and radioactive compounds. They can cause more damage if they become involved in an accident because of the liquids or chemicals they carry.

Some individuals, even media members, often interchange these terms when referring to trucks. As such, victims could get confused and use the wrong terms when describing collisions. However, knowing the type of truck involved can help our attorneys better understand the situation and know where to start investigating.

Typical Types Of Truck Accidents

Terrible accidents can occur if drivers do not receive sufficient training, have the necessary skills, or properly maintain their vehicles. Our lawyers can handle various types of truck accidents caused by these factors, such as:

Head-On Collisions

Head-on crashes are among the deadliest car accidents. The disparity in size between a truck and a smaller car like a sedan can make head-on collisions more dangerous and even fatal. When a truck driver travels in the wrong direction and collides with a car, the risk of catastrophic injuries or fatalities for the smaller vehicle’s occupants significantly increases.

Rear-End Accidents

Due to their size and weight, trucks require a longer stopping distance than passenger vehicles. When truck drivers are distracted, reckless, or negligent in maintaining a safe following distance, the risk of rear-end collisions increases dramatically. Such accidents can result in severe injuries to the vehicle’s occupants ahead.

Underride Collisions

Underride collisions occur when smaller cars collide with huge trucks and slide under their trailers. These accidents usually occur when a truck abruptly stops or merges into another lane without stopping, causing other cars to get stuck under it.

Rollover Accidents

Due to its size and weight, a truck is more likely to roll over in an accident. The truck’s high center of gravity makes it more prone to tipping over, especially when negotiating sharp turns or making sudden maneuvers. Additionally, the cargo carried by the truck can shift during an accident, further destabilizing the vehicle and increasing the likelihood of a rollover.

Jackknife Accidents

A jackknife accident occurs when the trailer swings outward, forming a 90-degree angle with the vehicle. This dangerous maneuver can result from losing control, typically caused by improper braking. Inexperienced drivers may panic and apply excessive brake pressure, causing the vehicle to skid uncontrollably.

Wide-Turn Accidents

Large trucks need more space to turn than smaller cars. If truck drivers don’t accurately estimate how much space they need, they may collide with vehicles passing by or trying to pass them. Inexperience and a lack of training are usually the reasons for this accident.

Blind Spot Accidents

Blind spots are areas on the back, sides, and front of the truck that the driver cannot see from their seat. These hidden zones can create dangerous situations if not properly monitored. Accidents may happen if the driver is not careful when changing lanes or turning, especially in high-traffic areas or during inclement weather. Truck drivers must use mirrors effectively to mitigate the risk and employ proper signaling and lane-changing protocols.

Unsafe Load

Sloppy loading and disregarding federal cargo securement standards can lead to unbalanced or overweight trucks, which can cause rollovers. Loose cargo due to improper tie-downs on an open truck may fall and hit nearby vehicles, posing a serious hazard.

Tire Blowout

Poor vehicle maintenance and old or defective tires can cause tire blowouts on the highway. In such situations, the truck may lose control and swerve into oncoming traffic, posing a significant risk to the truck driver and other road users. Inspecting and replacing tires is essential for preventing dangerous tire blowouts.

Our attorneys handle all types of truck accidents. Regardless of the case’s complexity, we can help you win it.

Factors Behind Most Trucking Accidents

Most trucking accidents are caused by negligence and recklessness. The following are some examples of driver negligence and other factors that can cause a truck accident.

Driver Negligence

Distracted driving
Driving under the influence
Speeding
Fatigued driving

Failure to yield
Improper reversing
Poor route planning

Other Factors

Poorly screened drivers
Unrealistic schedules
Poor road conditions
Oversized loads

Common Truck Accident Injuries

Trucks often cause severe injuries and fatalities when they get into accidents. Here are the most commonly reported ones:

Lacerations — Lacerations from truck accidents can vary in severity, from minor cuts to deep, gaping wounds. A serious laceration requires immediate medical attention and surgical intervention. Depending on the depth and location of the wound, it might lead to complications such as infection, significant bleeding, or damage to the underlying tissues and organs.
Broken Bones — Fractures can range from simple hairline to complex compound ones where the bone breaks through the skin. The severity of the fracture dictates the treatment required, which may include immobilization with a cast, physical therapy, or, in more severe cases, surgical intervention to realign the bones with plates and screws.
Head And Brain Injuries — Brain injuries can be devastating because they interfere with a victim’s ability to work, enjoy hobbies, or simply spend time with family and friends. Even though these losses aren’t tangible, they are very real. Under the law, the at-fault party or their insurance company must compensate victims for these losses.
Back And Neck Injuries — Injuries to the back and neck can range from mild to severe and temporary to permanent. A mild neck injury may result in whiplash, while a severe one may lead to permanent paralysis. Depending on the severity, you may be entitled to recover future medical costs and loss of potential earning capacity.
Internal Injuries — There is a wide range of severity to these injuries, too. Mild injuries to the liver or kidneys may resolve on their own, while serious injuries to major organs require immediate surgery.
Wrongful Death — Tragically, truck accidents can also result in fatalities. In these cases, the victim’s legal heirs can pursue a wrongful death claim against the truck driver, transit company, and other responsible parties.

Attorneys specializing in truck accident cases will ensure you recover the full extent of your damages, including current and future medical expenses.

What To Do After A Truck Accident

You might wonder, “I got hit by a commercial truck. What should I do?” Here is a step-by-step guide.

Prioritize Safety

Your safety is of the utmost importance after a truck accident. You need to check yourself to see if you’ve sustained serious injuries. While you shouldn’t leave the accident scene, you need to move to a safe spot if you can. This is crucial to avoid incoming traffic that may cause another accident and further worsen your injuries.

Don’t force yourself to help other victims; it may only worsen their injury. Instead, wait for the emergency medical responder (EMR) to arrive and immediately inform them who needs urgent attention.

Call 911

It’s imperative to call 911 immediately after a truck collision, regardless of its severity. Prompt action ensures a swift response from law enforcement, essential to effectively managing the situation.

You can also use their police report as evidence for future claims and legal actions. Be accurate and detailed in your interactions with the police, as the report’s quality can impact the resolution of your claims. However, avoid saying sorry or admitting fault.

Take Photos And Document The Scene

Take photos of the vehicles involved, any visible injuries, the road, and important signs and details. Ensure you capture the damage to your vehicle and the extent of your injury. Moreover, take note of the time, date, and weather conditions. These pictures and notes will help tell a clear story of what happened and make dealing with insurance or legal requirements easier. Such documentation will also help maximize your commercial truck accident settlement.

Exchange Information

Obtain the other driver’s name, contact details, insurance information, and vehicle number. Also, record the truck company’s name and any distinctive features of the truck.

Seek Further Medical Attention

If you don’t see visible injuries, visit the ER or your primary care physician. An emergency responder may have checked you at the scene, but a thorough medical evaluation is essential for identifying hidden injuries and creating official documentation of your condition. Follow your doctor’s orders to ensure a smooth recovery and avoid potential complications.

Collect Witness Statements

To establish a credible version of events, you must obtain witnesses’ detailed accounts and contact information. If possible, collect the statements immediately. If you delay, the witnesses’ memories may start to fade.

Get In Touch With Your Lawyer

A common mistake people make after an accident is calling the insurance provider before they consult their lawyer.

If you’re seeking compensation from another driver’s insurer, expect they will try to minimize the amount they must pay you. They might even convince you to settle immediately. When you do so, you’ll likely get a payout that does not cover all your losses and unknowingly waive your rights to any future claims.

A settlement may seem reasonable to an individual who isn’t aware of what’s going on. After all, they may not want to prolong the process any further. However, a fast resolution should never come at the cost of fair compensation. Seek guidance from a lawyer experienced in truck accidents to avoid selling yourself short.

Notify Your Insurance Company

Next, inform your insurance provider about the truck accident to comply with their reporting requirements. When you communicate accurately and on time, your insurer can assist you efficiently after an accident.

Be factual and concise when providing information, and avoid speculation about who’s at fault. Admitting fault at the scene or to the insurance company can seriously affect your claim. When communicating with the other party’s insurance company, it’s best to direct them to the attorney handling your truck accident case.

Moreover, don’t share details of the accident on social media, as the insurer might use them against you. Even an innocent selfie of you smiling after a stressful event can be used against you.

How To Find The Right Truck Accident Attorney

Follow these tips to ensure you are hiring the best lawyer to handle your truck accident case.

Remember That Location Matters

Personal injury laws vary by jurisdiction. You need a lawyer who has handled truck accident cases in your local area. If you’re in California and wondering where to find the best truck accident attorneys, Arash Law has offices strategically located across the state. We have truck accident lawyers practicing in various cities and counties, including Yuba County, Solano, San Diego, Riverside, and Los Angeles.

Prioritize Experience

When you file a claim, your livelihood and long-term health are on the line. An attorney’s experience can give you peace of mind and clarity. Therefore, when choosing one, it’s crucial to look at how they’ve handled cases similar to yours in the past — do they settle often or go to court to obtain full compensation?

Stick With The Specialists

When searching for qualified attorneys for truck accidents in your local area, you will likely encounter law firms specializing in dozens of practice areas. Those with extensive experience handling truck accidents possess the in-depth knowledge necessary to navigate the intricacies of these cases. Remember, truck accident claims can be complex, especially if multiple defendants are involved. You need to ensure your attorney’s expertise matches the specifics of your case.

Check Their Track Record

Ask prospective truck accident lawyers about their track record. Alternatively, you can visit their websites to learn more about their cases and outcomes.

Attorneys who handle truck accidents usually take substantial risks since they work on a contingency fee basis. Under such a payment scheme, they don’t charge fees unless they obtain a settlement for their clients. The best lawyers have exceptional success records despite such arrangements.

Arash Law has a proven track record in various personal injury cases, including different types of truck accidents. We’ve recovered over $500 Million in compensation for our clients and are confident we can help you, too. Contact us today to schedule a free case review.

Make Sure They’re Ready To Fight

As you check an attorney’s track record, look beyond the number of cases and the amount of compensation obtained. Consider whether the cases were quickly settled or how often they went to court.

If your lawyer is eager to settle, it could indicate they don’t care about getting the maximum settlement for you. Rather, they just want to get paid. Insurance companies prefer this type of lawyer. If your condition worsens, quick settlements often do not cover future medical expenses or lost wages.

You want attorneys for truck accident cases prepared to go the distance. They should be willing to negotiate aggressively and ready to litigate if necessary.

Check Online Reviews

Online reviews from actual clients should also be a significant factor in your decision. Read reviews from Google, Yelp, Avvo, and other online directories to learn how your prospective law firm handled previous claims.

You can also use online reviews to learn about your prospective lawyer’s customer service quality. Look for dissatisfied clients’ reviews, which reveal if a law firm communicates poorly and charges hidden fees.

If you want to check ours, we have client testimonials available on our website. Our previous clients have been generous with their feedback, which motivates us to continue doing what we do: bringing hope and justice to the injured.

Get Personal Recommendations

If you are looking for a truck accident lawyer in your area, ask your family, friends, and coworkers for recommendations. After all, word-of-mouth advertising is still one of the most powerful methods of finding a lawyer.

Make Sure Your Lawyer Is A People’s Person

A good lawyer has excellent interpersonal skills, is great at listening, and clearly explains complicated legal topics. Your prospective lawyer should make you feel comfortable when you meet with them for the first time. They should be able to calm your fears and reassure you throughout the legal process.

Look For Free Consultations

Most highly rated truck accident lawyers offer free consultations to prospective clients. During the consultation, the lawyer will determine whether you have a viable case and if they’re the right fit. You may use such consultations to determine your good rapport with them. Building rapport is essential, as you will likely work with them for months or years.

If a truck accident lawyer does not provide a free consultation, you should consider it a red flag. This is especially true if the attorney ultimately does not accept your case, meaning you paid them for nothing.

Frequently Asked Questions (FAQs)

How Long Do I Have To File A Truck Accident Claim?

‍Truck accident claims are subject to time limits, known as statute of limitations. This timeframe varies from state to state, generally ranging from two to four years. In California, for instance, truck accident claims must be filed within two years of the date of the injury. Cases involving minors and mentally incompetent victims may be tolled or paused, while government-related accidents require action within six months.

It’s vital to handle this matter quickly. Missing these deadlines could result in the loss of legal recourse. Contact a lawyer for your truck accident claim immediately to ensure you don’t miss any deadlines.

Can I Handle My Truck Accident Case Without A Lawyer?

‍‍Truck accident cases involve complex legal and insurance issues that require specialized knowledge and expertise. You need to have an extensive understanding of how truck accident claims and lawsuits work. Hence, it’s highly discouraged to handle your case without a lawyer. If you hire legal counsel, your chances of obtaining a favorable outcome will be much greater.

How Much Does Hiring A Truck Accident Lawyer Cost?

‍‍In many truck accident cases, lawyers work on a contingency fee basis. They only get paid once they recover compensation for you. Their fee is usually a percentage of the settlement or verdict, which is favorable as you don’t have to worry about out-of-pocket costs. At the initial consultation, discuss the fee arrangement with your lawyer carefully.

What Types Of Evidence Are Important In Determining Liability For A Truck Accident?

Liability in truck accidents is determined by gathering and analyzing various types of evidence, including:

Electronic onboard recorders (EOBRs) & logs can provide insight into the driver’s hours of service and rest periods.
Maintenance records show the vehicle’s condition and whether it has received proper and regular maintenance.
Cargo records reveal whether the cargo meets legal weight limits and whether it was loaded and secured correctly.
Surveillance footage & photos provide visual evidence of the accident’s circumstances and impact. A lawyer can help you obtain relevant traffic camera footage.
Witness statements & expert testimonies offer unique perspectives and analyses to support the case.

Will My Case Go To Trial?

‍‍Truck accident cases do not always go to trial. Most are settled out of court by your attorney and the involved parties. Nevertheless, your lawyer should be prepared to fight for your rights in court if they can’t reach a fair settlement with the other parties.

Can I Still Pursue A Truck Accident Claim If I Was Partially At Fault?

Even if you are partially at fault, you may still be able to recover damages in most states due to the comparative negligence rule. Your compensation may, however, be reduced based on your percentage of fault. A truck accident lawyer can help you understand the impact of comparative fault laws on your case.

I Am An Undocumented Immigrant. Can I Take Legal Action For My Truck Accident?

Your immigration status has nothing to do with your situation. You can sue those responsible for your injuries if you have been in a truck accident. In California, Evidence Code 351.2 states that a defense attorney cannot mention immigration status, nor can it be used against you.

Do I Need A Personal Injury Lawyer For My Truck Accident Claim?

The short answer is a resounding “Yes!” You need a lawyer for your truck accident claim.

Truck accident victims usually suffer catastrophic injuries that lead to tremendous medical bills. Trucking companies know they are responsible for substantial damages when their drivers cause injury or death to motorists. To reduce their risk of financial loss, they often get liability insurance policies from large insurance companies with aggressive lawyers. Truck accident victims will most likely receive less compensation if they don’t have a skilled lawyer.

You need a personal injury lawyer to level the playing field and help you obtain your rightfully due compensation. The right lawyer for you is experienced in handling the legal aspects of truck accident cases.

Are You A Victim Of A Truck Accident? Seek Justice With Arash Law Attorneys!

If you or a loved one is a truck accident victim, hiring a reputable truck accident law firmcan benefit you in more ways than one. An attorney specializing in truck accidents can help you understand complicated trucking regulations and navigate the legal system. They can also identify all liable parties, hold them responsible, and calculate how much they owe you. Most importantly, a truck accident lawyer can assist you in obtaining maximum compensation and justice.

You can trust that our industry-recognized lawyers will fight tirelessly to get your medical bills paid, recover your lost wages, and get your vehicle repaired or replaced. Our truck accident attorneys will take charge of your case while you focus on healing and recovery. Call us today at (888) 488-1391 for a free consultation.

Arash Law provides legal guidance and services throughout California, including Anaheim, Bakersfield, Carlsbad, Sacramento, Fresno, Glendale, Irvine, La Jolla, Newport Beach, and Orange County.

Recent Truck Accidents In The News

[07-03-2024] Los Angeles County, CA – At Least One Person Killed After Multi-Vehicle Crash Involving Several Semi-Trucks Near Pasadena
[06-29-2024] Los Angeles County, CA – Pedestrian Killed After Getting Hit by Semi-Truck Along I-5 in Boyle Heights
[06-28-2024] Riverside County, CA – Two People Injured Following Truck Vs. Vehicle Collision on I-10
[06-28-2024] Riverside County, CA – Injuries Reported Following Multi-Vehicle Crash, Including Semi-Truck Along I-10
[06-24-2024] San Mateo County, CA – At Least One Person Injured After Multi-Vehicle Collision Involving Avocado Truck Along US 101

Is It Worth Getting An Attorney For A Truck Accident? | Arash Law (2024)