All motor vehicle accidents pose significant risks, but truck accidents are particularly threatening to victims, as they often result in severe injuries that require extensive medical treatment, resulting in costly medical bills and lost wages due to missing work. Consequently, this promotes incurred financial debt.
Without the proper guidance of experienced truck accident lawyers, those costs can fall on the victims instead of the at-fault party. In fact, the average cost of a non-fatal, motor vehicle-related injury can be as high as $162,000, according to a 2022 study.
Complex liability issues involving multiple parties, such as truck drivers and trucking companies, can complicate the legal process. Unfortunately, this means that truck accident victims are likely to face significant financial burdens without proper legal representation.
3 Major Problems You Will Run Into After a Truck Accident
The trucking industry must adhere to different road regulations than other non-commercial motorists. Therefore, in the event of a truck accident, the claims process and recovery of compensation will follow a different standard.
1. Proving Liability for Truck Accidents
Determining the exact cause of a truck crash can be challenging due to various factors exclusive to trucking accidents, including driver error, vehicle maintenance issues, and regulatory violations.
The complex regulations governing the trucking companies can lead to confusion regarding whether any safety standards were ignored, including the following:
- Annual Inspections: Regular vehicle inspections to identify and address potential mechanical issues
- Scheduled Maintenance: Maintaining an ongoing schedule to keep the truck in optimal operating condition
- Adequate Rest Periods: Complying with federal regulations regarding truck drivers to take mandatory rest periods to prevent fatigue-related truck accidents
The pressure to meet tight deadlines can sometimes lead to drivers bypassing the mandated rest break, causing fatigue and contributing to truck accidents. Additionally, poorly maintained vehicles, especially those with faulty brakes, lights, or other critical components, pose significant risks.
Disregarding California’s trucking laws can prove the other party’s negligence, but many victims are not familiar with the process of doing so–especially when recovering from injury. However, an experienced truck accident lawyer will know how to investigate and obtain the necessary evidence to prove the other party’s negligence.
2. Identifying Which Party Is at Fault
Unlike typical car accidents, truck accidents typically involve more than one liable party. Pinpointing the at-fault party is crucial for seeking appropriate compensation. Potential parties liable for a trucking accident include:
- The Truck Driver: Truck driver negligence, such as distracted driving (texting, using CB radio, plugging route into GPS, etc.) or fatigued driving
- The Trucking Company: When a truck company fails to uphold truck maintenance, enforce safety regulations, or hire qualified drivers
- A Maintenance or Loading Company: Inadequately repairing the vehicle or securing cargo properly
- Another Third Party: Any other person or entity involved in the truck accident, like a reckless driver or the government who failed to maintain safe roadways
A Long Beach truck accident lawyer is well-versed in the complexities of these cases. They can thoroughly investigate the car accident to identify the responsible party and build a strong truck accident case to support why compensation is owed.
3. Deciphering How the Insurance of the Trucking Company Works
Filing a personal injury claim against an at-fault party’s insurance company becomes more complicated than it ornately is when trucking companies are involved.
This is because multiple insurance policies are typically involved, covering truck drivers, trucking companies, and even the truck itself. As a result, this can negatively affect:
- Identifying the Correct Insurance Company: Determining which insurance policy is responsible for covering the claim when there are multiple vehicles involved
- Filing a Personal Injury Claim: Submitting accurate and timely claims to the appropriate insurance company or companies
- Negotiating Settlements: Negotiating with insurance adjusters to secure a fair and full compensation
- Litigating Truck Accident Cases: Court representation if a truck accident lawsuit needs to be filed so that the case can be tried in court
Insurance companies are notorious for undervaluing claims and delaying a fair outcome. To ensure a fair settlement, it’s crucial to work with a Long Beach truck accident attorney.
How a Long Beach Truck Accident Attorney Will Benefit You
Truck accidents often result in severe injuries due to the sheer size and weight of the vehicles. The sustained serious injuries can lead to significant medical expenses, loss of earnings, and emotional distress.
In the aftermath of such a traumatic event, focusing on legal matters can be overwhelming. However, a skilled attorney can alleviate this burden by:
- Thorough Investigation: Conducting a comprehensive investigation to gather evidence and determine liability
- Damages Assessment: Calculating both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, emotional distress)
- Insurance Claim Negotiation: Negotiating with insurance companies to secure a fair settlement and protect from deceitful tactics
- Legal Representation: Representing a client’s best interest in court to recover maximum compensation
Entrusting personal injury cases to experienced truck accident attorneys allows injured clients to focus on their recovery while they handle the legal complexities.
When You Are Also Responsible for the Truck Accident
California operates under a comparative fault system, which means that even when a claimant is partially at fault for a truck accident, that individual may still file a claim to recover damages. However, any awarded compensation will be reduced based on the assigned degree of fault.
For example, if a court determines a plaintiff is 20% responsible for a truck accident that resulted in $50,000 in damages, the final award would be $40,000.
When fault is shared, the insurance company representing the other party will be aggressive in shifting as much blame as possible onto the injured individual. Without proper legal representation, there is the risk being held liable for damages to both parties involved.
The best way to prepare for a case involving comparative negligence is to work with the best personal injury lawyers in Long Beach, CA.
When to Hire a Long Beach Truck Accident Lawyer
After being involved in a truck crash, it’s crucial to immediately seek legal help, even if it appears only minor truck accident injuries were sustained. Delaying can significantly impact a case and potentially diminish the chances of recovering fair compensation, as it will affect the following:
Preserving Evidence
- As time passes, critical evidence may be lost or destroyed. Early legal intervention can help preserve vital information.
Interviewing Witnesses
- Eyewitness accounts strengthen truck accident claims, but delays can make it difficult to locate and interview witnesses.
Challenging Insurance Claims
- Insurance companies may try to minimize liability and delay addressing the truck accident claim. A timely response can help counter these tactics.
Government Vehicle Accidents
- If the trucking accident involved a government vehicle, such as a postal truck, there is less time to file. Failing to meet the filing period will invalidate a truck accident cases.
Protect your rights and secure the compensation you deserve. Contact our award-winning personal injury law firm, Belmont Accident Lawyers, immediately after a Long Beach truck accident. Our experienced attorneys will work diligently to build a strong case on your behalf.
Schedule a Free Consultation
