Setareh Law
November 6, 2024
If you were involved in a California truck accident, you may be unsure who to hold liable for your damages and injuries or whether the driver is at fault. You will need to learn if the truck driver is independent or working for a trucking company just to start. Navigating the details of insurance, filing an injury claim, and potentially filing a lawsuit may require the assistance of an experienced California trucking accident attorney.
To better understand how to file a lawsuit against a truck driver, a trucking company, and other liable parties involved in your accident, consider the following factors that could impact your case:
Circumstances of Your Trucking Accident
The circumstances of your accident may present you with multiple parties involved, and elements like manufacturer defects in the vehicle or driver negligence will determine who you might sue. Typically, if the issue stems from the trucking company, you would pursue a claim against its insurance company representing them. You will likely need to hire an experienced truck accident lawyer to initiate the claims process for your compensation in a truck accident case.
The Truck Driver
Many truck drivers on California roadways either work independently or are employed by a trucking company. If the semi-truck operator is at fault for the accident, they would be liable. Keep in mind, though, that if there were elements outside of the driver’s control or knowledge, such as a manufacturer’s defect in the tires, this might cause redirection to a different party. Understanding these complexities is crucial when filing a personal injury claim.
The Carrier Company
It’s fairly common to include the trucking company in a California truck accident claim for an accident caused by the negligence of an affiliated driver. One way that a carrier company may be negligent and contribute to an accident involving one of their fleets is by demanding drivers stay on the road for longer periods than legally permitted. Another cause for these types of devastating crashes is the failure to maintain their fleet. Keeping commercial big rigs in disrepair can cause the most experienced drivers to lose control of their vehicles.
Insurers for these transportation companies will back their customers aggressively and try to minimize or outright deny a claim.
Understanding Truck Accidents: Severity of Injuries in Truck Accidents
Truck accidents can result in severe and life-changing injuries due to the size and weight of commercial semi-trucks. The impact of these accidents often leads to catastrophic outcomes for those involved. Common injuries sustained in truck accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones and fractures
- Internal injuries
- Burns and lacerations
These injuries can necessitate long-term medical treatment, including surgeries, physical therapy, and counseling. The financial burden can be overwhelming, with substantial medical costs and the potential for lost wages due to an inability to work.
Additionally, victims may endure significant pain and suffering, further complicating their recovery process. Understanding the severity of these injuries underscores the importance of seeking fair compensation through a truck accident claim.
Determining Truck Accident Liability
Your main concern after a truck accident leaves you injured is recovering fair compensation for your damages and injuries. In truck accident cases, losses you can pursue for compensation may include:
- Lost wages and reduced capacity to work
- Pain and suffering
- Medical costs (past and future)
- Property damage
In some instances, liability could fall on both the trucking company and the driver. This fault could be in different forms and will require you to pursue them separately. A truck accident attorney will prove invaluable in situations where multiple parties are liable for your injuries. Not only can they handle the frustrating negotiation style of the carrier’s insurance, but they won’t allow these corporations to minimize your damages and unfairly compensate you.
Liability of the Truck Driver and Company
Trying to determine the extent of your injuries and long-term well-being will depend on a thorough investigation of your accident and indisputable evidence to support your claim. You should not attempt to represent your case alone. Work with a skilled California trucking accident attorney. They will help determine what your injuries are worth and not stop until the insurer, carrier, or driver compensates you fairly for your trauma.
Filing a personal injury lawsuit against trucking companies may be a result of a violation or noncompliance with federal or local laws unknown to you, which highlights the need for legal support. This type of finding can strengthen your claim even more and could potentially implicate both the driver and the carrier as negligent.
Time Constraints for Filing a Truck Accident Claim in California
In California, there are strict time limits for filing a truck accident claim. The statute of limitations for personal injury claims is two years from the date of the accident. Failing to file within this two-year window can result in losing your right to pursue legal action. However, there are exceptions to this rule. For instance, if the victim is a minor or if the accident involves a government entity, different timelines may apply.
Given these constraints, it is crucial to consult with an experienced truck accident attorney as soon as possible after the accident. An attorney can help you navigate the complex legal process, ensuring that all deadlines are met and that you receive fair compensation for your injuries. Prompt legal action can make a significant difference in the outcome of your truck accident claim.
Gathering Evidence for Your Truck Accident Lawsuit
Gathering evidence is a critical step in building a strong case for your truck accident lawsuit. The following types of evidence are essential:
Collecting Police Reports, Witness Statements, and Photographs
- Police Reports: Obtain a copy of the police report filed at the scene of the accident. This document contains valuable information about the incident, including the parties involved, the cause of the accident, and any citations issued.
- Witness Statements: Identify any witnesses to the accident and obtain their statements. Witnesses can provide crucial testimony that helps establish liability.
- Photographs: Take photographs of the accident scene, including any damage to vehicles or property. These images can visually demonstrate the severity of the accident and support your claims.
File Your Truck Accident Injury Claim With the Help of an Experienced Attorney
As you have read, truck accident claims resulting from semi-truck accidents that cause injuries, loss, and other damages need a highly qualified attorney who knows what investigations need to take place before initiating a claim. Evidence plays a crucial role in forcing the at-fault parties and their insurance to take responsibility and fairly compensate you. You deserve to make a full recovery after any losses suffered because of a truck driver’s mistake.
As members of the Beverly Hills Bar Association and Consumer Attorneys Association of Beverly Hills, our truck accident attorney is trusted to handle a range of personal injury cases. Your case is unique, and your struggles are real, which is why we stop at nothing to restore peace of mind.
Setareh Law has recovered millions of dollars for those injured by negligent truck drivers and is here to do the same for you. Bring your case to us, and we will evaluate the facts of your accident, identify the liable party, and relentlessly pursue the compensation you’re due. Contact us today at 310-659-1826 for a free case evaluation.
