Why an Attorney Is Crucial for a Truck Accident Matter in California
Accidents vary in severity. You can handle a minor accident without involving a personal injury attorney. However, the story differs when dealing with a truck accident case, which is often significant and fatal.
“California has peculiar personal injury laws; you need a skilled local attorney to interpret them effectively. Dealing with a truck accident case without an attorney is like diving into an ocean without knowing how to swim,” says Personal Injury attorney Alexander Safarin from Block LLP Injury Law Firm.
This article discusses why it is crucial to engage a personal injury attorney for your truck accident case in California:
Typical Truck Accident Injuries
Truck accident victims often suffer severe or fatal injuries. The typical injuries include surgical or traumatic amputations, fractures, spinal cord damage, traumatic brain injuries (TBIs), skull fractures, joint injuries, damage to internal organs, and paralysis.
Sometimes, people die in truck accident mishaps. In that instance, their surviving loved ones or estate will fight the legal battle.
These injuries are devastating, and you must prioritize medical intervention if you are involved in a truck mishap.
Causes of Truck Accidents
Several factors trigger truck mishaps on California roads. The typical reasons include trucker distraction, like texting or receiving phone calls while behind the wheel, fatigue due to extensive driving hours, and poor training. An inexperienced trucker is a calamity waiting to happen.
Equipment issues like brake failure or tire blowouts are other typical reasons for truck accidents. Inclement weather conditions, poorly loaded cargo, and trucker intoxication are other reasons for truck mishaps. An impaired driver poses a grave danger to everyone on the road.
Damages in a Truck Mishap
You may receive economic and non-economic compensation for your losses in a truck crash. However, you must prove these damages before an insurance firm or court will honor your request.
The damages available include present and anticipated medical costs, permanent disability, pain and suffering, diminished earning ability or lost earnings, and permanent disfigurement. If the crash leads to death, your surviving loved ones or estate can also demand valuable damages from the at-fault party.
Insurance Coverage and Comparative Negligence
People sustained severe injuries or even died when they collided with trucks. It is one of the reasons federal regulations demand expensive insurance coverage for truckers.
However, you cannot get the coverage on a silver platter when involved in a truck crash. As observed earlier, you must prove your case beyond any reasonable doubt. That is why you need a California personal injury attorney to increase your chances of success.
A truck insurance company may argue that you partially contributed to the mishap, citing the California Civil Code Section 1714. If the insurer convinces the jury or judge of your involvement in the mishap, they will reduce your damages based on your degree of involvement.
California runs a pure comparative negligence system. It is a system where a plaintiff or claimant is 85 percent responsible for an accident and still gets 15 percent compensation for the defendant’s fault. Thus, if you are 50 percent responsible for a claim worth $50,000, you will only get $25,000.
The Need to Race Against Time
The statute of limitations for personal injury issues in California is two years. In other words, you must institute your truck accident claim within two years of the accident to stand a chance of recovering damages.
Since the statute is strictly construed, you will miss the opportunity to hold the at-fault party responsible for your injuries and losses if you fail to act within the deadline. There are a few exemptions. Liaise with a reputable local personal injury attorney to learn what applies to your case.
Five Roles of a Personal Injury Attorney in a Truck Mishap
Truck insurers act proactively once they know a truck is involved in an accident. They will immediately send a team of investigators to the scene.
If the guilty party is acting this fast, you should not lay back and expect to get justice cheaply. You or your family should speak with a local personal injury attorney immediately after the crash.
A reputable attorney will play these essential roles:
- Establish the identities of the trucking firm and the trucker
- Pursue a temporary restraining order to impound the truck and collate proof to establish the cause of the accident
- Get a copy of the accident report from the police and thoroughly investigate the accident scene
- Speak with on-site or post-occurrence witnesses
- Institute a claim against all identified contributors to the accident
Final Words
The at-fault party’s insurer will tend to disrespect you without a support system. Engage a reputable California personal injury attorney when a trucker carelessly or negligently injures you. You must act promptly due to the statute of limitations.
Fortunately, many attorneys in California offer free initial consultations, giving you the chance to evaluate your case and discuss potential fees.
