When a large truck or big rig collides with an automobile or motorcycle, the results can be grim. Passengers and drivers of smaller vehicles often sustain traumatic injuries due to the substantial size difference between the vehicles involved in the accident.
Who is liable for my truck accident injuries?
When another driver acts carelessly, breaking traffic laws and causing an accident, this driver is liable for the injuries suffered by others involved in the crash. When a truck driver is negligent and causes an accident, however, a legal doctrine known as vicarious liability comes into play.
This doctrine states the employer is responsible for its employees’ actions, as long as the employees acted in the scope of their employment. This means a trucking company or another large corporation is likely liable for the injuries you sustained in a California big rig collision. While this means a higher potential payout, it also means fighting a bigger opponent and facing complications most people are not familiar with.
Occasionally, truck accidents occur because of negligent actions on the part of a truck maintenance company, truck manufacturer, parts manufacturer, or even a tire company. We can help you determine who is liable for your injuries, and pursue a claim for compensation based on that party’s insurance policy.
It is important to note, however, automobile collisions can be the result of a variety of factors, and sometimes multiple parties can accept some blame for one accident. In some cases, you may share the responsibility for your accident with the trucking company. This does not prevent you from collecting compensation, although it does reduce your available compensation based on the theory of contributory negligence.
What do I need to know about the evidence to prove my big rig accident claim?
Many truck accidents in California occur because a truck driver acted negligently. When a driver fails to drive in a reasonable manner, and it results in a collision and injuries, the injured parties are often able to collect compensation for the physical, emotional, and financial damages they suffer.
To recover this compensation, we simply need to prove the truck driver acted negligently and caused your injuries. Unfortunately, though, this is rarely ever easy. This is because much of the evidence necessary to do this is in the hands of the trucking company. This may include truck logs, electronic data from the truck’s computer, driver personnel records, mandatory post-accident drug test results, and other documentation related to the crash and the driver’s training and history.
To preserve this evidence, we need to send a spoliation letter to the trucking company as quickly as possible after a crash. This letter requires the trucking company to collect and protect this documentation, and notifies it of our intent to file a claim.
We also collect other evidence necessary to build a strong case showing negligence and proving the extent of your injuries. This may include:
- Accident reports from police
- Eyewitness statements
- Pictures from the scene of the accident
- Accident reconstruction
- Expert testimony
- Your medical records
- Other documentation of your injuries
What types of damages can I recover after a California truck accident?
The primary difference in damages in a truck accident case versus the typical car crash claim is due to the severity of many big rig accident injuries. Victims of truck accidents often require ongoing medical care, sometimes for the rest of their lives. Head and spinal injuries are common, and many victims never return to their jobs or other previous activities. For this reason, the payouts in these cases are often exponentially higher than in a typical car accident.
Some of the damages truck accident victims can recover include:
- Medical expenses
- Therapy and rehabilitation
- Vehicle or home modifications to accommodate a disability
- Current and future lost wages
- Repair or replacement of your vehicle
- Other accident-related expenses
- Pain and suffering
If you require future medical care for your injuries, we can collect compensation for your ongoing care costs. We work with expert witnesses to explain the nature of your ongoing care and estimate the cost of your future needs. The damages available may differ if you lost a loved one in a trucking accident.
We can help you determine the full value of your claim, and fight for fair compensation from the trucking company or other liable party. Our big rig accident attorneys work hard to ensure our clients receive the fullest compensation available.
Do I need a truck accident lawyer in California?
If you suffered serious injuries in a truck accident, you need an advocate who will fight for your fair treatment. You do not have to take on a huge trucking company alone. The trucking company likely has a team of lawyers behind it, and you need a team of truck accident attorneys in your corner, as well. We have the skills, experience, and resources to represent you through the claims process, and negotiate a fair settlement.
If this is not possible, we can build a strong case to support your claim and file a personal injury lawsuit against the trucking company and any other liable parties. Our goal is ensuring every client gets the just compensation they deserve, allowing them to recover from their injuries as fully as possible.
Call Us Immediately for Free Consultation
Unfortunately, every year, many people experience personal injury accidents and suffer from serious physical injuries that alter their way of life. With our lawyers' professional case handling experience and ability to master all the details of legal liability will clear any doubts and questions regarding how much compensation you could get after the injury. Personal Injury Law Group has successfully resolved hundreds of personal injury cases and recovered millions of dollars for clients.
Please call us today for a free consultation about your case at (858)-952-1901, and as always, if you don't win you pay no costs and no fees. There is no obligation and our friendly staff and attorneys stand at the ready to champion your case.