Truck
Accidents
Truck Accidents: Understanding Your Legal Options
Truck accidents are a serious matter, not only because of the potential for severe injuries and fatalities but also because of the complexity of the legal process involved. If you or a loved one has been involved in a truck accident, it is important to seek the assistance of a qualified and experienced personal injury lawyer specializing in truck or big rig accident cases.
Why Hire a Personal Injury Lawyer Specializing in Truck Accidents?
Truck accident cases are different from standard car accident cases and require a specialized understanding of the laws and regulations that govern the trucking industry.
Personal injury lawyers who specialize in truck accident cases have the knowledge and experience necessary to navigate the complex legal process and ensure that their clients receive the compensation they deserve. They understand the unique challenges and complexities of truck accident cases, and have the resources and expertise necessary to build a strong case on your behalf.
Understanding the Causes of Big Rig Accidents
Truck or big rig accidents can occur for a combination of causes, including driver fatigue, reckless driving, improper maintenance of the rig, and inadequate training of the driver. However, trucking companies and their insurance providers will often try to shift the blame onto the driver of the automobile involved in the accident, rather than taking responsibility for the actions of their own employees.
Examples:
Driver Error:
- Fatigue: Federal regulations allow truck drivers to drive up to 11 hours at a time, which can lead to exhaustion and increase the risk of accidents.
- Speed: Many truck drivers exceed the 11-hour limit and drive at high speeds to meet tight deadlines, which can be dangerous.
- Distracted driving
- Insufficient training
- Failure to obey traffic signs
- Large blind spots
- Substance abuse
Vehicle Problems:
- Overweight trailers
- Improperly secured loads
- Brake problems
- Tire problems
- Lack of proper maintenance
Environmental Factors:
- Adverse weather conditions such as rain, snow, and strong winds can make driving conditions more challenging and increase the risk of accidents.
- Hydroplaning and swerving can cause a truck to lose control, putting everyone on the road in danger.
The Sacramento personal injury lawyers at Luchador Law specialize in truck accident cases and has the knowledge and experience necessary to conduct a thorough investigation and gather evidence that proves the true cause of the accident.
What Steps Should I Take After a Truck Accident?
Suffering from a truck accident can be an upsetting and transforming incident. If you have been hurt, it is absolutely imperative to follow the necessary procedures to guard your entitlements and ensure that you procure the recompense you are due. Here is a detailed guide on what should be carried out after a truck crash:
- Move to a safe location if possible.
- Call 911 to report the accident and seek medical attention.
- Collect information from witnesses, the truck driver, and the trucking company.
- Take photos of your injuries, the damage to all vehicles involved, and the accident scene.
- Avoid making statements or signing documents from the trucking company or insurance representatives.
- Keep all medical bills and receipts related to the accident.
- Consult with a reputable personal injury lawyer who specializes in truck accidents. By following these steps, you can increase your chances of obtaining a successful outcome for your case.
Types of Truck Vehicles and Accident Scenarios
The term “trucking accidents” often brings images of massive commercial transport trucks. Still, these are not the only types of vehicles that can be involved in severe accidents on roads and highways. It’s essential to understand the different types of trucks that can be applied in accidents and the unique factors that can contribute to these incidents.
Here is an overview of some of the most common types of trucks and the types of accidents they can be involved in:
Semi-trailers:
Also known as “tractor-trailers” or “18-wheelers,” these are the front portion of a commercial hauling truck, including the engine and driver’s cabin. They can be driven on their own, and even empty, they are large vehicles that can cause significant damage and injury in an accident.
Articulated trucks:
This term describes a tractor truck with a cargo trailer attached. These vehicles are classified as commercial vehicles and, when fully loaded, require a skilled driver to control them. Due to their size, they pose a significant risk to other vehicles on the road.
Tanker trucks:
These vehicles are a combination of two dangers: an oversized truck and hazardous materials. Tanker trucks have been known to catch fire upon impact, making a serious accident even more devastating. The driver and passengers of other vehicles involved in an accident with a tanker truck can suffer from burns and smoke inhalation injuries, and fatalities are also common.
Delivery trucks:
With the rise of online shopping, delivery trucks are becoming a more common sight on the road. These vehicles are often driven by drivers trying to meet strict deadlines, and an accident with a speeding delivery truck can seriously injure those in passenger vehicles.
Utility trucks:
Utility trucks come in various shapes and sizes, including street cleaning trucks, ambulances, garbage trucks, postal trucks, fire trucks, and construction trucks. Unlike articulated trucks, utility trucks generally have access to all roads and highways, regardless of their size, and can be driven at higher speeds when responding to emergencies.
It’s important to note that utility trucks are often owned by municipal, state, or federal agencies, meaning that anyone involved in an accident with a utility truck only has six months to file a claim.
Typical Types of Truck Accident Injuries
Truck accidents can result in devastating injuries due to the size and weight of the trucks, especially in collisions involving multi-axle articulated trucks. Some of the most common types of injuries include:
- Traumatic Brain Injury (TBI)
- Wrongful Death
- Spinal Cord Injuries, including paralysis (total, partial, permanent, and/or temporary)
- Fractures and Broken Bones
- Whiplash Injuries
- Cervical, Thoracic, and Lumbar Spine Injuries
- Back Pain, including strain and sprain
- Nerve damage, numbness, and radiculopathy
- Cuts and Lacerations
- Crush Injuries
- Scars and Burns
- Post-Traumatic Stress Disorder (PTSD) and other mental health conditions
At Luchador Law, we understand the immense loss and pain that families experience after losing a loved one in a truck accident. While no amount of compensation can ever make up for the loss, seeking justice and holding the responsible parties accountable can bring a sense of comfort and closure to bereaved family members.
With years of experience handling wrongful death claims, we are dedicated to helping families get the justice and closure they deserve.
Beware of Accepting a Trucking Company’s Settlement Offer
It is not recommended to accept a settlement offer from the trucking company without first seeking the advice of a knowledgeable truck accident attorney. The initial offer may appear generous, but it may not fully cover the extent of your damages and expenses.
It’s important to consider the long-term impact of your injuries, including medical bills, lost wages, and other costs related to your recovery. Additionally, once you accept a settlement, you typically cannot seek additional compensation in the future. This is why it’s crucial to work with an experienced attorney who can accurately assess the value of your claim and negotiate for the maximum compensation on your behalf.
Don’t make a costly mistake by settling too soon. Contact a truck accident lawyer for a thorough evaluation of your case.
Determining the Value of Your Truck Accident Claim
The consequences of a truck accident can be severe, and victims may require extensive medical care, rehabilitation, and other forms of support. The financial burden of medical expenses lost wages, and additional costs can be overwhelming, especially if the victim cannot return to work.
At Luchador Law, we have extensive experience representing truck accident victims. We are well-versed in what constitutes a fair settlement for these cases. With years of experience, we have a proven track record of securing six and seven-figure settlements for our clients. While we cannot provide specific numbers, we can estimate the compensation you may be entitled to by comparing your case to similar cases we have handled.
Types of Compensation Available
When you are involved in a truck accident, you may be entitled to compensation for a variety of damages.
- Costs of medical treatment
- Loss of income and profits
- Loss of earning potential
- Damage to property and loss of vehicle use
- Out-of-pocket expenses, including health insurance copays
- Retraining or re-education costs for finding new work if disabled
- Other expenses or lost opportunities incurred due to the accident
Non-economic damages:
- Pain and suffering Emotional distress
- Loss of enjoyment of life
- Wrongful death compensation (loss of support, companionship, love, etc.)
- Loss of consortium for the spouse of the injured victim
- Post-traumatic stress disorder (PTSD) and other mental health conditions Any other non-economic losses incurred due to the accident
The Sacramento personal injury attorneys of Luchador Law specialize in truck accident cases and have the knowledge and experience to help you understand the kinds of compensation that may be available to you and guide you through the process of obtaining that compensation.
Navigating the Insurance Claims Process
Trucking companies and their insurance providers will frequently attempt to settle claims fast and for the least amount possible. However, the Sacramento personal injury lawyers at Luchador Law specialize in truck accident cases and have the knowledge and experience to negotiate with the insurance company and ensure that you receive the full and fair compensation you deserve.
In some cases, the insurance company may deny a claim or offer a settlement that is inadequate to cover the individual’s damages. In these situations, our personal injury lawyers can file a lawsuit and take the case to court. Our team has the ability and experience to build a strong case, gather evidence, and present the case in court to help you receive the compensation you deserve.
What Can I Do if I Don’t Have Health Insurance and Can’t Afford Treatment After a Truck Accident?
Suppose you lack health insurance or have limited coverage. In that case, we can assist you in accessing quality medical care through a lien on your case. The medical expenses incurred will be part of your claim against the at-fault parties and will be repaid through the settlement or award in your case. Our team may also be able to help you obtain free or low-cost coverage through programs such as Medi-Cal, Medicare, and other similar options.
Can I Receive Compensation for Lost Wages Due to My Truck Accident Injuries?
Yes, our team at Luchador Law is here to help you through every step of the process, including if your injuries prevent you from working. We understand that being unable to work can cause financial stress, which is why we have established partnerships with lending companies that can provide you with a loan secured by a lien on the proceeds of your case. This way, you can focus on your recovery without worrying about your finances.
Additionally, we will include your lost earnings and inability to work as part of your compensation claim when it comes time to demand a settlement or go to trial. And, in certain circumstances, we may even be able to advance you money to help you get by until your case is resolved.
Identifying Liability in Truck Accidents: Who is Responsible?
In a truck accident, liability can be complex and multi-faceted. Possible liable parties include:
- The truck driver (employee or owner-operator)
- The company or entity that owns and operates the truck, or employs the driver
- The tractor owner and/or lessee
- The trailer owner and/or lessee
- The owner, seller, distributor, and/or buyer of the goods being shipped
- The tractor and/or trailer operator and/or lessee
- Maintenance companies responsible for repairing the truck in case of a mechanical issue causing the accident
- The designer and/or manufacturer of the truck and/or trailer in case of a mechanical or recall issue
- The driver and/or entity owning another vehicle involved in causing or contributing to the accident
- Public entities responsible for road design or maintenance issues.
Determining liability in a truck accident requires a thorough investigation of the circumstances leading up to the accident. Our experienced truck accident attorneys at Luchador Law can help you navigate this complex process and hold the liable parties accountable for your injuries and damages.
How Long Will the Legal Process of My Truck Accident Claim Take?
The amount of time your truck accident claim will take to resolve relies upon various elements and can fluctuate widely. As a rule, it can take 12 to 18 months to develop a lawsuit to go on trial.
If your injuries are severe, it might be appropriate to pause until they have healed before moving forward with your case, which may add additional time to the procedure. It’s important to note that no lawyer can give an exact schedule for the resolution of your case since it depends on numerous uncertain variables.
However, they can furnish you with a gauge based on their insight into working comparable cases.
How Does Luchador Law Establish Liability and Secure Victories in Truck Accident Cases?
Our investigators are available 24 hours a day, seven days a week. We believe that prompt and intensive investigations are essential to building the foundation of a winning case.
Our renowned personal injury lawyers have the experience and knowledge to present your case most strongly and aggressively as possible. They strongly understand the interplay of federal, state, and local laws and regulations governing truck operations. We also have the resources to retain truck accident experts who offer opinions on the cause of the accident and your injuries.
In many cases, we look beyond the facts of the accident to determine if a trucking company is pressuring its drivers to engage in unsafe practices that put profit over safety. Unfortunately, these types of systemic problems are more pervasive than you might imagine, and we target all potential guilty parties to make them pay for the injuries, pain, and loss they cause.
And suppose the insurance companies or the transportation companies do not want to offer fair compensation for your injuries. In that case, Luchador Law is fearless in court before a judge and jury. Going to court costs money, which is why not all law firms can do it.
With several multi-million dollar verdicts to their credit, our team of trial attorneys leads the industry and intimidates opponents. This gives you, our client, an advantage that other firms and attorneys cannot provide.
Winning Strategies for Truck Accident Cases
Luchador Laws‘ experienced personal injury lawyers who specialize in truck accident cases have a winning strategy that includes:
Comprehensive case investigation:
We leave no stone unturned in our investigation of truck accident cases to uncover all relevant facts and evidence. We gather police reports, witness statements, medical records, and other important information to build a strong case for our clients.
Aggressive negotiation:
We use our mastery of personal injury law and our experience in the industry to battle for the maximum compensation available for you.
Selecting the Best Accident Attorney
When selecting a personal injury lawyer specializing in truck accident matters, you should bear in mind the lawyer’s credentials, background, and record. It would be best if you select a personal injury lawyer with a proven reputation of success in dealing with truck accident cases and with positive customer feedback.
It is recommendable to pick an attorney with the qualifications and competency required to win your case. Finally, it’s essential to decide on an accident attorney who is devoted to battling for you and delivering personalized service and who will collaborate closely with you during the legal process.
The Sacramento personal injury attorneys at Luchador Law are a team of legal fighters who will pursue your case until it is won, no matter the challenges. Schedule a free legal consultation today to find out how much your case may be worth. We’re available by messaging us or by phone at 888-81-LUCHDOR.
Our Winning Strategy
We specialize in truck accident cases and have a team of experienced personal injury lawyers. Our winning strategy includes thorough investigation, aggressive negotiation, and trial readiness to ensure you receive the compensation you deserve.
01
Comprehensive
Case Investigation
We leave no stone unturned in our investigation of truck accident cases to uncover all relevant facts and evidence. We gather all evidence and other important information to build a strong case for you.
02
Fight for
Every Dollar
We use our mastery of personal injury law and our experience in the truck accident legal field to battle for the maximum compensation available for your big rig damages.
03
Trial-Ready
Preparation
If a fair settlement cannot be reached, we are fully prepared to take your truck accident case to trial. Our team of experienced attorneys specializing in trial litigation is ready to battle for you.
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Frequently Asked Questions
Here are answers to some common questions regarding auto accidents, the legal process, compensation, and California law. We hope this info helps you make informed decisions. For specific questions or concerns, please don’t hesitate to contact us for personalized assistance.
After a truck accident, it is essential to seek medical attention for any injuries, even if they seem minor. It would be best if you also tried to gather as much information as possible about the accident, including the names and contact information of any witnesses, photos of the damage, and the name and insurance information of the truck driver. Contacting a personal injury lawyer as soon as possible can help you protect your rights and ensure you receive the compensation you deserve.
The responsible party in a truck accident can vary depending on the circumstances. It could be the truck driver, the trucking company, the manufacturer of the truck or its parts, or another third party. A personal injury lawyer can help you determine who is responsible and hold them accountable for your injuries and damages.
The time limit for filing a case regarding a truck accident in California is regularly two years from the date of the accident. In any case, it is critical to act rapidly following the accident to secure all proof and evade losing the privilege of looking for remuneration. A personal injury lawyer can assist you with realizing your legitimate rights and alternatives and guarantee that your case is recorded within a reasonable period.
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