Commercial trucks are the largest vehicles on the road. Weighing tens of thousands of pounds when fully loaded, these vehicles can cause immense damage during a collision. Due to the dangerous nature of these vehicles, drivers and their employers are required to follow California and federal safety regulations.
If you were injured in a truck accident, it is possible the trucker or the trucking company violated these regulations. There are also additional parties who may be responsible for the crash. You may be able to be compensated for damages against these parties if you or a loved one was injured during the accident. Our California truck accident lawyers could pursue multiple sources of evidence during a lawsuit to determine who was at fault.
Our attorneys at Wells Call Injury Lawyers, have decades of experience handling auto and truck accident claims. Our California truck accident attorneys will guide you through every step of the process. We take truck accident cases in the Bay Area, including Fairfield, Napa, Richmond, Vacaville, Vallejo, Woodland, and the surrounding California areas. Supported by our past clients’ testimonials, we have achieved a positive reputation for providing effective legal representation to victims of truck accidents.
A violation of federal or state regulations is not the only basis for establishing liability during a truck accident case. In addition, multiple parties are sometimes liable for causing a single truck accident. These parties may include truck drivers, truck companies, truck manufacturers, and shipping companies.
There are many cases where commercial truckers are responsible for the accident. For example, drivers may cause accidents if they are under the influence of alcohol or in violation of hours of service rules. Hours of service regulations were created to prevent truckers from causing fatigued driving accidents.
Like truck drivers, commercial trucking companies are also expected to follow federal and state regulations. For example, companies could be liable for a wreck if they hired or retained unqualified drivers.
Trucks may contain defects that cause an accident. In such cases, it could be possible to hold the manufacturer of the truck or auto part responsible for damages.
Shipping and loading companies could be liable for a wreck. Commercial trucks can crash when cargo is not properly loaded or secured. For example, a truck may crash if cargo shifts during a sharp turn.
An investigation would be necessary to determine who is liable for your truck accident. Evidence can come from multiple sources that include the “black box,” video footage, company records, witness statements, and police reports.
Commercial trucks carry a “black box” that records important information from the engine. The black box may record driving time, speed, hard braking events, and other crucial information to your case. However, black boxes shut off after 30 days, so it is crucial to obtain this evidence as soon as possible.
Newer commercial trucks may contain video cameras. Footage of your accident may be useful evidence. In addition, traffic lights, businesses, or witnesses may have also recorded what happened.
Certain records can be useful evidence during a truck accident case. For instance, a driver qualification file may show whether the driver was qualified to operate a commercial vehicle. Maintenance and inspection records may also be useful.
Statements from witnesses may help determine what happened. Police reports may also help determine who was liable. There are additional sources of evidence that are important to your claim. For instance, medical records could help establish the severity of your injuries. In addition, photographs from the accident scene and depositions from accident reconstruction experts could also be useful. We have only included a handful of evidence examples that may factor into your case.
When you retain our California truck accident lawyers, we will take immediate action to collect, analyze, and preserve all available evidence. This evidence can allow our accident reconstruction experts to accurately determine who was at fault in the tractor-trailer accident. It can also help us develop a strong case on your behalf.
The steps you take after being involved in a truck accident can affect the amount of compensation you can recover. Here is what we recommend you do after an accident.
After being involved in an accident with a truck, you must first make sure that you and any passengers are safe. Because truck accidents often occur on highways, move your vehicle out of the roadway if possible. If you or a passenger’s injuries are severe, you should get immediate medical treatment.
Next, you should call the police. Particularly when you were not at fault in the accident, the police report is an important document in establishing the facts of your case.
After notifying the police, you should get the truck driver’s information. This information includes:
You should also be sure to take photos of the damage to your vehicle, the truck, and the accident scene. If there were any eyewitnesses, you should also get their contact information.
If you have not done so already, you should seek medical treatment from a medical professional. Even in cases where your injuries may not be severe, the medical records generated from getting medical treatment are important evidence in truck accident cases.
Next, you should notify your insurance company of the accident. Explaining your side of what happened is important in establishing the liability of the truck driver or any other potentially responsible party.
Finally, you should contact a truck accident lawyer in California. A truck accident lawyer can help you negotiate with insurance companies and argue on your behalf in court. Hiring a truck accident lawyer in California can give you the best chance of recovering the compensation you deserve.
If you were partially at fault for causing the accident, you can still recover compensation. In California, you can recover at least some compensation as long as you were not 100% at fault. Your settlement and award will be reduced by your percentage of fault. For example, if you were 60% at fault for causing your accident and suffered $100,000 in damages, you can still recover $40,000.
In truck accident cases, the statute of limitations provides the time limitation for filing your case. In California personal injury cases, the statute of limitations is two years. This means that you must file your case within two years of the date of your injury. Except in limited circumstances, failing to file your case within this period bars you from filing your case in the future. Contact a truck accident lawyer in California immediately to help you file your case on time.
The amount of compensation you can recover from a truck accident varies depending on the specific facts of your case. However, some factors that influence the amount of compensation you might recover include:
To find out how much compensation you might be able to recover, talk to a truck accident lawyer in California today.
There are a number of characteristics you should look for in your California truck accident lawyer.
The most important attribute your truck accident attorney should have is experience—not just experience in the law, but specific experience with truck accident cases.
You may have worked with a lawyer on another matter, such as a divorce or estate plan. Even though this lawyer may be willing to take your personal injury case, you should think twice about hiring them if they do not regularly work on truck accident cases.
Truck accident cases rely on specific types of evidence and legal arguments. They also require experience with insurance company tactics and negotiating strategies. To get the best possible outcome, you need an attorney who works on these types of cases every day.
Furthermore, your attorney should have trial experience. Attorneys who are not comfortable in the courtroom may encourage you to settle for less than you deserve to avoid going to court.
Although most personal injury cases do settle out of court, you need an attorney who is able and willing to take your case to trial if that is in your best interests.
Although every case is different, you can have confidence in an attorney who has successfully handled numerous truck accident cases.
When you are interviewing attorneys, you should ask them what kind of settlements or verdicts they have obtained in cases like yours.
While this is not a guarantee that your case will turn out the same, previous case results give you an idea of the attorney’s skills and abilities.
An attorney’s reputation can tell you a lot about their ability to handle your case. Look for attorneys who are active in their local legal associations and have received recognition from lawyer review organizations. You can also read client testimonials and reviews on sites like Avvo.com.
It is important to have an attorney who will be communicative and give you the attention you deserve. Your attorney should listen to your story and show concern for your needs. They should be patient in responding to your questions.
Once you’ve narrowed down your search to attorneys with the appropriate experience and skills, go with your gut. You should choose an attorney that you personally trust and feel comfortable with.
Have you been injured in a truck accident in California? Whenever there is an accident involving a tractor-trailer or other large truck, the results can be catastrophic. Due to this, there are a number of rules in the trucking industry designed to keep people safe. When truck drivers or their companies break those rules and cause harm, they should be held accountable. We believe that no accident victim should suffer because of the negligence of someone else.
If you have been hurt in a truck accident, it can be difficult dealing with the trucking company’s insurance provider and their retainer of lawyers. You want someone on your side who has the resources and experience to handle a truck accident case. Our attorneys at Wells Call Injury Lawyers, have successfully helped many clients recover compensation for their injuries in trucking accidents. By holding these companies accountable when they break the rules, we make it safer for all of the other drivers on the road.
Call us today at (707) 243-8595 or contact us online to schedule a free consultation.