An accident involving a truck may have long-term implications for your health and finances. A collision with a massive, heavy vehicle, such as a commercial truck, can result in catastrophic injuries and casualties, as well as life-altering consequences for the survivors. Unfortunately, obtaining compensation after a truck accident is not always easy. Finding out who is responsible for the damages and holding them accountable can be difficult and time-consuming. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Find A Los Angeles Personal Injury Lawyer

The majority of truck collisions are avoidable. According to the US Department of Transportation (DOT), many incidents occur as a result of driver-related factors such as exhaustion, driving under the influence of drugs or alcohol, driving distractedly, or driving too quickly for road and weather conditions, according to the US Department of Transportation (DOT). It can be aggravating for those who have been injured or lost a loved one in a truck accident to learn that someone else's inattention or intoxication causes their injury or death.

You could face mounting medical costs, missed earnings, and property damage if you were injured in such an accident. If the accident was caused by the truck driver's negligence or the trucking company, you would be entitled to pursue legal action with the assistance of a Truck Accident Lawyer.

What's the Difference Between a Car and a Truck Accident?

Unfortunately, truck crashes result in more serious injuries than accidents involving only vehicles—and these elevated risks often favor those in passenger cars.

According to the National Highway Traffic Safety Administration, 4,136 people died in major truck collisions in 2018. (NHTSA). Car and other passenger vehicle drivers, pedestrians, bicyclists, and motorcyclists made up 82 percent of those killed. The evidence shows that the size and weight of commercial vehicles are to blame for the high rate of death among other vehicle drivers. Statistics and statistics show that severe long-term, life-threatening injuries and substantial property loss are very likely.

Accidents involving a semi-trailer truck are unusual in terms of the individuals involved, in addition to the greatly increased risk of serious injury. When two private parties/individuals are involved in a car accident, the matter is often resolved between them and their personal liability insurers. A semi-trailer truck collision, on the other hand, almost always involves a truck driver who is employed by a trucking company. The truck is the driver's place of business, and his employer is responsible for his insurance and liability.

Insurance plans for a corporation with a fleet of large trucks capable of causing massive damage are typically much more expensive.

When a person is hit by a semi-trailer truck and seeks compensation, they are up against a large corporation and a professional insurance firm who are both motivated to protect their drivers, protect their company's image, and payout as little as possible.

Trucks Involved in Accidents and Their Types

Large trucks, also known as "big rigs," are trucks that have a tractor-trailer attached to them and are used to transport freight. These trucks are popular in California because they transport goods and materials for commercial companies, and they include the following vehicles:

Tow trucks – these large vehicles are often operated by private operators. Road safety can be compromised by improperly attached loads and obstructed brake lights.
Dump trucks transport huge quantities of gravel, soil, and other materials. Particles that are flying or dropping can be dangerous, and their top-heavy nature puts them at risk of tipping over.
Garbage Trucks – Since garbage trucks often drive through residential neighborhoods, they have a lot of blind spots, and debris may fly out of the container.
Delivery Trucks – This form of truck transports a variety of goods for commercial companies, frequently into residential areas. Driver fatigue and blind spots will render them a road hazard.
Utility Trucks – Due to the delivery of the utility bed and its numerous drawers and compartments, these trucks, which are mostly operated by companies that provide utility services or repair, can be wobbly.
Semi-Trucks for Long-Distance Transport – Semi-trailer, big rig, and 18-wheeler are all terms for the same vehicle. They have several blind spots, are susceptible to rollovers, and are often pushed for extended periods of time.
Fuel trucks, also known as tanker trucks, transport toxic substances or gases and are susceptible to rollovers.
Trucks with an extended open trailer, also known as flatbed trucks, are often used to transport freight that is not adequately protected.
Commercial freight trucks and tractor-trailers are tens of thousands of pounds heavier than personal automobiles. Although there are numerous forms and classifications of vehicles, they are all divided by their gross vehicle weight level or GVWR. The higher this ranking, the greater the danger it poses to the average driver.

Auto accidents involving trucks are usually much more dangerous and result in more deaths than car-related accidents due to the bulky size and weight of larger trucks. Many people are killed or injured in semi-truck crashes.

What To Do If You're Involved In An Accident

There are so many things that might contribute to highway risk. While it would be best if all trucking incidents could be avoided, they are inevitable. Anyone who has sustained a physical or emotional injury as a result of a truck or bus crash in California should contact a Personal Injury Attorney right away and think the following:

Get medical help right away.

Injuries aren't necessarily obvious right after they happen. Even when it does not seem to be necessary at the moment, it is important to seek medical help. A medical professional's documentation is also essential for potential court proceedings.

As soon as possible, contact the police to report the incident.

If the truck driver was under the influence (inebriated) of alcohol or other substances, or if any other offenses were committed, the police would be forced to file charges. When trying to obtain financial compensation, insurance providers and the courts would request police reports.

Seek and take note of witnesses and their contact details.

Witnesses to the incident might be able to provide evidence in a possible personal injury case. Make a list of anyone who was in the area at the time of the crash, including the witnesses' names, addresses, phone numbers, and email addresses.

Take pictures.

Personal images can be useful in addition to the police taking pictures and collecting other details of the incident. Take several photos of all vehicles, including tire tracks, broken lights, and other debris in the field.

Maintain a light tone in your conversation.

Checking on the physical well-being of those involved in the accident is appropriate. But keep in mind that any lengthy discussion should be avoided. This would reduce the chances of saying something that might jeopardize a potential court case.

Contact the insurance agent as well as an experienced Personal Injury Attorney.

The driver's insurance provider can start the settlement process right away, and a California Truck Accident Lawyer can look at whether the accident was caused by negligence and whether the victim is entitled to compensation from the trucker or trucking company.
Trucking accident victims in California, as well as their relatives, may be entitled to financial compensation for their injuries. However, there are other prerequisites that must be met. For example, the plaintiff must show that the injury was caused directly by the trucking accident. Evidence of the opposing party's negligence must also be presented.

In California, there is legislation about truck accidents

The Federal Motor Carrier Safety Administration (FMCSA) is in charge of overseeing the trucking industry in the United States. It has its own administration within the US Department of Transportation, and it establishes rules and regulations for truck drivers, such as the maximum travel time and on-duty time, inspection and maintenance requirements for large vehicles, weight distribution requirements, and loading and unloading requirements.

A driver will be held responsible for a truck crash if he or she breaks any of the FMCSA's or any other federal law's laws.

The FMCSA is also the one that provides relevant statistical data on annual collisions involving large trucks and buses (both fatal and property-damage-only accidents). The FMCSA's Analysis Division compiled this paper, which contains data from a variety of sources, including the National Highway Traffic Safety Administration. Some of the numbers presented in the 2018 study are highlighted below by our Los Angeles Truck Accident Lawyer:

In 2018, 4,862 large trucks were involved in fatal accidents.

In 2018, truck tractors towing a single semi-trailer were involved in 55 percent of fatal accidents involving large trucks.
In 3% of these fatal collisions, tractors towing two trailers were involved.
Those towing three trailers made up 0.1 percent of all large trucks involved in incidents in that year.

However, there were nearly 499,000 police-reported large truck accidents in 2018, with just 4,415 being fatal and 107,000 resulting in injuries.

Rural areas accounted for nearly 57 percent of all fatal truck accidents, with interstate highways accounting for 26 percent.
Rural interstate highways accounted for 13% of the total (thus falling into both categories)
Just 36% of fatal accidents, 23% of injury crashes, and 19% of property damage crashes involving big trucks occur at night, between the hours of 6:00 pm and 6:00 am. The majority of these incidents occurred during the week.

In 2018, 1.12 people died in fatal accidents involving big vehicles.

There was only one fatality in 90% of the incidents, and the fatality was not the occupant of the big truck in 82% of the cases.
The number of large trucks involved in fatal accidents rose from 144 to 619 between 2015 and 2018. (for this purpose, a large truck is a vehicle weighing 10,001 to 14,000 pounds)

Around 2015 and 2018, the number of medium-heavy trucks involved in incidents rose from 133 to 400.

According to the data, 7 percent of truck drivers involved in fatal accidents in 2018 were 25 years old or younger, and 6 percent were 66 years old or older. In 2018, 10% of large truck drivers involved in fatal accidents were not wearing a seat belt at the time of the accident. In 2018, 885 large truck occupants died, with 84 percent of the drivers and 16 percent of the passengers being killed.

The Most Common Reasons For Truck Accidents

The majority of truck crashes, like any other motor vehicle collision, are caused by human error. Your Truck Accident Attorney interview witnesses and examine the facts to learn more about the events leading up to the truck crash.

Truck accidents can occur for a variety of reasons, with a variety of factors at play, including:

Inattentiveness

A truck accident is more likely when there is a lack of focus on the road and disturbances when driving. Long hours on the road can cause truck drivers to lose concentration, making them more vulnerable to accidents. Talking on the phone, turning around, texting, and even eating can take a driver's attention away from the road.

Not adhering to traffic laws

The aim of road rules is to keep drivers safe while driving. When truckers break traffic laws, such as not exceeding the speed limit, they increase their risk of being involved in a truck accident. Guidelines and specifications also specify when specific trucks are allowed to operate, as well as weight and height restrictions.

Inebriation

Long hours and strict deadlines make trucking a demanding task. To cope, some drivers turn to alcohol and drugs. Driving while inebriated or intoxicated is one of the most common causes of car accidents, claiming the lives of innocent people.

Experience

To operate a truck in Los Angeles, drivers must have the required experience, licenses, and training. When it comes to driving big cars, some people make the mistake of doing so for the first time. Others have a valid driver's license but have not received enough training before driving for a business.

Fatigue or sleep deprivation

Despite the fact that some laws mandate truckers to rest after driving for a certain period of time, some do not comply due to tight deadlines. Fatigue increases the likelihood of truckers falling asleep behind the wheel, which increases the chance of a truck crash.

Inadequate maintenance

Trucks must be maintained on a regular basis to ensure that they meet road safety standards. Some trucking companies neglect to maintain their vehicles on a regular basis, which can lead to problems when the driver is on the road. It's possible that the truck will break down or that it will cause machinery to collapse and cause damage to other vehicles.

Forgery of logs

Any trucker is required by law to keep a record of their driving hours. Some truckers, or the companies for which they operate, falsify their hours and log records. In a personal injury case, a Los Angeles Truck Accident Lawyer ensures the driver logs are correct and detailed.

Circumstances beyond your control

Not all collisions are caused by driver errors. Unavoidable situations, such as bad weather or poor visibility, may also lead to a truck crash.
You can be in shock for the first few days after an accident. Contact a Truck Accident Lawyer to handle the legal process when you are most vulnerable.

Negligence

When it comes to proving a truck accident allegation in Los Angeles, negligence is crucial. In most situations, it is simple to demonstrate that the driver was not paying attention, despite the fact that he had a strong duty of care to the other road users and their protection. The first aspect of duty is straightforward to establish, but plaintiffs must also demonstrate that the truck driver violated that duty.

When confirming a truck crash injury, the following types of facts are useful:

Eyewitness accounts

Other drivers' testimony may be used, and you may be asked to give your own deposition or testimony.

Other accusations against the defendants

Is the truck owned by a corporation that has been sued for several car accidents? Perhaps you and your Truck Accident Lawyer will use this information to demonstrate that the driver was negligent.

Expert witness testimony

This is dependent on the causes of the accident. An expert, on the other hand, may establish certain facts or refute the defense's claims.

Reports on medicine

These are crucial because they can demonstrate the magnitude of the plaintiff's injury and its effect on his or her life.

Additional proof

Drivers should present comprehensive logs maintained in compliance with FMCSA regulations.
The inspection documents may be used as evidence as well (drivers are required to perform these inspections accordingly)

Others include:

Photos or video from in-cab cameras is useful in certain situations.

Who Is at Fault in a Truck Accident?

Truck drivers in Los Angeles must adhere to strict requirements and meet the Los Angeles Department of Transportation's regulations (LA DOT). Since California is not a no-fault jurisdiction, plaintiffs have the right to sue for losses that are not covered by insurance. Despite these rules, some trucking companies place a higher priority on meeting deadlines and benefits than the safety of their drivers or other motorists.

Trucking companies are well aware of the dangers their vehicles can pose to unwitting travelers. They can, however, choose to overwork their staff, jeopardizing driver safety. In certain situations, another car causes you and the truck to collide, even though that vehicle is unharmed in the collision.

Following a trucking accident, prosecutors begin collecting facts and deciding if a legal breach occurred. One or more parties may be to blame for the accident, such as:

The driver of the truck
The loading company
The driver's employer or the trucking firm
The truck's manufacturer
Another driver or vehicle on the road

A professional Personal Injury Attorney investigates causes that contribute to a more straightforward case outcome, even when an inquiry occurs after the accident. Since everyone could be at fault, each aspect of the accident could result in a different settlement.

Getting Reimbursement for Your Truck Accident Claim

After the accident, a professional Truck Accident Lawyer will work to develop the claim. Investigating the accident scene and analyzing video, if appropriate. Your lawyer will also look at the police report and, if necessary, gather more facts.

Your petition entails more than just reimbursement for medical expenses. Other factors, such as any lasting changes in your life as a result of an injury, can be covered by financial compensation. You will also have to contend with property loss, failure to work as a result of your accident, or missed work time and wages.

A Truck Accident Lawyer will understand that, in addition to coverage from the other party's insurance provider, your own insurer can not provide you with any of the benefits you are entitled to. Our Personal Injury Attorneys will file the case promptly and diligently to ensure that you receive the best possible result following the accident.

Hospital records and bills can be used by truck crash victims to prove that the accident was the sole cause of their damages and injuries. It's important to show that a specific injury was caused by the truck crash.

Aside from medical costs, claimants will have missed income when determining the final settlement. Below is a list of the most common forms of damages that you should consider when determining the amount:

Hospital bills that must be paid immediately

The direct and immediate costs of medical care after an accident; are normally easy to calculate once the patient has been discharged.

Medical expenses in the future

Treatment for serious injuries can be extended, and in this situation, the treating physician will assist you in estimating the costs of potential care.

Wages that have been lost

Victims who are unable to return to work as a result of their immediate hospitalization may be reimbursed for their missed wages.

Wages lost future wages

A truck driver/operator who has been involved in an accident may not be able to work the same hours as before the accident or may not be able to work at all.
Compensation for future missed wages is likely, and our Los Angeles Truck Accident Lawyer will assist you.

Expenses

Costs incurred as a result of asset or property damage caused by the truck accident.

Plaintiffs in truck crash lawsuits will be able to seek non-economic damages in some cases. They are for intangible damages, and they are better applied with the aid of our Los Angeles Truck Accident Lawyer because their existence makes them difficult to measure. These can be provided for emotional distress, the loss of a job, and post-traumatic stress disorder, to name a few of the psychological symptoms that can occur as a result of a car accident.

However, this figure should be carefully considered, and our Los Angeles Personal Injury Attorneys will assist you with a more accurate estimate after they have examined the case and determined what other variables should be considered.

Differentiating A Car Accident Claim For A Smaller Vehicle From A Truck Accident Claim

As previously mentioned, truck accidents are often fatal. As a result, truck accident victims are more likely to collect higher settlement awards than those paid out to a Truck Accident Lawyer on less severe, small passenger car claims. The court would direct the trier of fact to consider your injury as well as the life-altering wrongful death of a loved one in order to determine monetary damages.

Danger Kids Crossing

The "Risk Field" is the place where you're driving near a tractor-trailer, and the driver can't see you. Without cameras, this is usually a big blind spot that the mirrors do not conceal and a location that you do not want to spend much time. These can be found on the back and sides of large trucks. For passenger vehicles, this is known as the "Risk Field." Because of another car or road building, the truck driver always needs to change lanes. However, they can fail to notice the passenger vehicle in this blind spot on occasion.

What Is California's Trucking Accident Injury Statute of Limitations?

According to California law, truck crash victims have two years from the date of the semi-truck accident to file an injury lawsuit in civil court. Since most non-personal injury lawyers, such as paralegals and legal assistants, aren't familiar with tort law, they don't understand why truck crash victims need to move quickly to defend their lawsuit.

Let's say your Truck Accident Lawyer learns that a third-party defendant had a deal with you that limit your time to sue or that a government agent was involved in your accident or the death of a loved one. In that situation, the deadlines for filing charges and lawsuits, as well as the "statute of limitations" (SOL) procedures, would be different.

After being involved in a semi-truck crash, you must respond quickly. Your case becomes moot if your wrongful death counsel fails to file your court lawsuit or survival action in a timely manner, forcing the court to dismiss your stale claim forever. As soon as possible, you can obtain legal advice from a reputable Los Angeles Truck Accident Lawyer.

How a Truck Accident Lawyer in Los Angeles Will Help

It's difficult to file a truck crash injury lawsuit and get started on the path to legal action.

After a truck or semi-truck crash, it is important that you appoint an experienced truck accident lawyer to take your case as soon as possible. Our professional Los Angeles personal injury lawyers have extensive legal representation and deal with insurance providers so that our clients can concentrate on their medical care and rehabilitation.

The Process of Filing a Truck Accident Injury Claim

An in-depth investigation

Almost any semi-truck collision would result in a police investigation and study due to the substantial property damage and the possibility of serious injury. Your legal team will obtain and review the police report, as well as recruit accident reconstruction experts to look at the accident scene, trucker records, and truck footage/data. They will also try to track down any eyewitnesses and get their comments. Our prescreened Truck Accident Lawyers will need to send spoliation letters to the trucking company, requesting that they keep all relevant data, video, and/or reports.

Make a Claim on Your Insurance

Our Los Angeles Truck Accident Lawyers can file a claim with any and all insurance providers that could cover the incident after the investigation is completed. A petition for full liability for the accident claim, as well as a clear explanation of why the trucking company/truck driver was negligent and responsible for the injury claim, would be included in the claims submitted to each insurance company.

Negotiations for a Settlement

Our Truck Accident Lawyers are skilled negotiators who know how to get the most out of a situation. Before you begin negotiations, lawyers will speak with clients and learn about their long-term expectations regarding their injury claims so that you can all be on the same page.

Start a Lawsuit

If you are unable to resolve the dispute with the insurance provider by mediation talks, you can file a claim against all possible at-fault parties. There is also the possibility of an out-of-court settlement during proceedings, but if the parties are unable to do so, a trial will be held in which testimony will be presented, and a jury will render a verdict. The jury will determine who is to blame for the accident and how much compensation the victim is entitled to.

It's important to note that even if a trucking accident survivor was partly to blame for the accident, they could still file an injury lawsuit.

A comparative liability scheme has been implemented in California. Comparative neglect is the term for this scheme. What this means for semi-truck crash victims is that they will still recover damages even though they were partly to blame for the accident, but the number of damages they can receive will be diminished depending on their level of responsibility.

Is it Necessary to Hire a Personal Injury Attorney for a Minor Accident?

In general, finding a Truck Accident Lawyer after a truck accident will help protect your and your family's best interests.

Even if the damages and injuries are minor, you can seek legal advice and assistance to make sure that you get the payable damages you deserve. Consider that, while the injuries do not seem to be severe right after an accident, they will worsen over the next few days, weeks, or even months.

It's possible to walk away from an accident feeling good, only to later be in excruciating pain due to back or neck injuries. This may be because our bodies produce adrenaline, which can suppress pain during and immediately after an accident.

Head injuries, various neck injuries, and back injuries are examples of injuries that may take time to manifest after an accident. Days after a car accident, what seems to be a harmless headache can turn out to be a brain injury. A herniated disc or spinal fracture requiring surgery may be the cause of mild back pain that worsens days or weeks after an accident.

Truck accidents are especially traumatic since large, heavy commercial vehicles may cause significant damage and injuries. You could develop psychological problems later on, such as post-traumatic stress disorder (PTSD).
Even if the accident was minor, the psychological effects of a truck accident could make you reluctant to drive again and go about your everyday life. Accident-related psychological traumas will manifest months later, necessitating costly care such as counseling and medication.
Even if the supposed accident you were in was considered a minor one, it is important to protect yourself, particularly if you were injured. Most importantly, seeking legal counsel will help you avoid being taken advantage of by a trucking company or insurance company. A Truck Accident Lawyer will examine your case to determine if the coverage or any payout you are owed is fair. If necessary, a Truck Accident Lawyer may also negotiate with insurance firms.

Injuries Might still Show up After an Automobile Accident.

If you've been in a minor truck crash, you probably count yourself fortunate to have escaped with only minor or no injuries. However, if you have recently been in an accident and have not yet seen a doctor, it might be beneficial to do so as soon as possible.

Even in a minor accident, you can sustain injuries that are not immediately noticeable due to the way our bodies react to shock and trauma. You may not feel anything right away after an accident, but aches and pains may develop within days or weeks. Following a truck crash, some signs to watch for include:

aches and pains
Pain in the neck and back
Feelings of numbness
Post-traumatic stress disorder (PTSD) is a form of anxiety disorder that occurs (PTSD)
stomach ache

Headaches can be the first symptom of a brain injury, so it's a good idea to have them checked out by a doctor. Whiplash, which can happen even in minor car accidents, can cause neck pain. Numbness may be a sign of a spinal injury. There could be other signs and symptoms that can suggest you sustained a truck accident injury.

Even if you are not in severe pain following a car accident, be mindful that certain symptoms will take time to manifest. Investigating any symptoms to determine what is wrong may be expensive, as you will be required to undergo imaging scans and possibly consult with specialists.

Even if it's a minor accident, it's a good idea to get a thorough examination, particularly if you have any symptoms in the days following the incident. Remember that any medical history you have will be valuable evidence if you decide to pursue legal action later. Medical expenses are not necessarily related to the seriousness of an accident, but they do vary in each situation, which is why hiring a Truck Accident Lawyer for a minor accident can be beneficial.

Find A Truck Accident Attorney in Los Angeles

1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can put you in contact with a Los Angeles Personal Injury Attorney. We can refer you to a Truck Accident Lawyer based in California. Contact us through our 24/7 Live Chat or complete our case submission form for a free online consultation.

How Truck Accident Claims Are Different from Common Car Crashes