Some people manage to handle minor car accidents without involving an attorney. However, the situation differs if you are in a passenger car and a truck hits you. The situation is complex, and you will need the expertise of a personal injury attorney to achieve the desired outcome.
This piece discusses why you need a truck accident attorney for your truck mishap case:
Typical Causes of Truck Accidents
Several factors lead to truck accidents. Examples include:
- Distracted driving, like texting or receiving calls while driving
- Bad weather situations
- Inexperienced or poorly-trained driver
- Fatigue or drowsy driving due to several hours on the road
- Driving under the influence
- Poorly-loaded cargo triggering load shift
- Faulty equipment, like brake component issues or blowout tires
Typical Truck Accident Injuries
Truck accident victims always suffer severe injuries or fatalities. Typical truck accident injuries include spinal and joint injuries, skull fractures, traumatic brain injuries, traumatic or surgical amputations, internal organ damage, paralysis, and spinal cord damage. Others include multiple fractures and wrongful death.
Getting Insurance Coverage
Truck accidents often lead to more severe injuries and deaths than passenger vehicle accidents. This is one reason why the federal government mandates that truck insurance coverages be higher than those of passenger vehicles.
However, securing appropriate compensation from truck insurance policies often requires the expertise of a local truck accident attorney. They know how to interpret the law to convict the trucker, their company, or the manufacturer.
The Role of a Truck Accident Attorney After an Accident
Truck insurers quickly dispatch their investigators to an accident scene once they learn of a wreck. They want to gather facts quickly and devise ways to minimize victims’ compensation.
“A progressive-minded victim or relative will also contact a truck accident attorney immediately after the accident. A layperson can never be a match to the insurer’s team of investigators,” says truck accident attorney Rusty Levin from Levin & Nalbandyan LLP.
An ideal truck accident lawyer will get to work without much ado. Their work scope includes:
- Establishing the identities of the trucker and the trucking firm
- Requesting a temporary restraining order to impound the truck and any proof tending to establish the reason for the wreck, including the long vehicle’s black box data recorder
- Getting a copy of the police report
- Going to the accident scene to conduct a thorough investigation
- Interviewing key witnesses, including those present at the scene and others who may have relevant information
- Instituting a suit against the trucker, their employer, and any other party responsible for the mishap
Damages in a Truck Accident
Depending on the context of the accident and the severity of the harm, truck accidents frequently result in devastating injuries or even death. These damages include missed work or reduced earning power, pain and suffering, present and anticipated medical expenses, permanent disfigurement, and wrongful death.
Understanding the Comparative Negligence Rule
California practices the comparative negligence rule system, which allows judges to apportion compensation or blame based on one’s degree of involvement in an accident. For instance, a truck insurance firm may argue that you were partially to blame for the wreck, according to California Civil Code Section 1714.
Comparative negligence empowers a jury in a jury trial or a judge in a bench trial to apportion blame between the parties involved. California uses a pure comparative negligence standard, where a plaintiff can be 99 percent guilty of their injuries but still get one percent compensation for the other party’s blame.
The Effect of Statute of Limitations
The statute of limitations is the deadline or time limit an injury victim has to file their claim. In California, you have two years from the date of the accident to file a compensation claim. Once you fail to act within the permitted timeline, you will lose the opportunity to recover damages.
A truck accident attorney can enlighten you on when your statute of limitations expires in your case.
Final Thoughts
You become an object of disrespect and ridicule to insurers once they discover you have no solid legal representation in a truck accident case. Thus, it is crucial to immediately consult with and engage a local truck accident attorney after sustaining injuries due to a trucker’s negligence or carelessness.
Fortunately, most personal injury attorneys offer free consultations and charge contingently. Hence, there is no need to hesitate to consult with them. You have no fear of out-of-pocket expenses.
Listening to insurance adjusters’ misinformation that you do not need a legal representative is too risky. It is a recipe for promoting their selfish interests. In such a high-profile case, you need a well-trained personal injury attorney to defend your interests and help you recover maximum compensation.