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Home » Blog » 15 Key Facts about Truck Accident Injury Claims in California
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15 Key Facts about Truck Accident Injury Claims in California

By Legal Desire 6 Min Read
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If you sustained injuries in an accident involving a heavy-duty vehicle, you can claim your rightful compensation if you know the laws governing the operation of such vehicles. A truck accident attorney can determine the right value of your claim, devise an effective case strategy and help you recover maximum compensation for your suffering.

Before you reach out to an attorney, use the following facts to familiarize yourself with the process.

 

  • The operation of semi-trucks (also known as eighteen wheelers, tractor trailers and big rigs) and semi-trailers is governed by the Federal Motor Carrier Safety Administration (FMCSA), which sets forth rules and regulations aimed at minimizing accidents as well as environmental damage from heavy vehicles.
  • A truck accident is very different from a car accident, which is why such claims are handled by special attorneys with years of experience representing truck accident injury lawsuits. Trucking companies are governed by strict federal regulations and have higher insurance. Truck accident attorneys know how to negotiate with such corporations and their insurance companies.
  • If you’ve been in a truck accident, you can file a claim against the truck driver, owner of trailer, owner of the tractor, the truck company, the loading company, and even the owner of the cargo. This is determined based on the role each party played in creating circumstances that led to the accident (faulty loading or poor maintenance, for instance).
  • An insurance company may deny your claim if you don’t have proper medical records to back your accident injury and the subsequent treatment obtained.
  • To recover damages from the truck driver or their employer, you may file a claim of third-party liability insurance. If the insurance company accepts that the driver was at fault, they will make you a settlement offer after detailed investigation.
  • If the insurance provider determines that the driver or the employer was not at fault, you will need to file a truck accident injury lawsuit to recover compensation. It is advisable to use a skilled truck accident attorney, who will collect evidences, prepare a strong case, and ensure the party at fault is made liable for your damages.
  • Remember that your truck accident injury claim should cover not only your medical costs but also the related costs of availing medical treatment (such as transportation, fuel expenses, purchase of special equipment), loss of income, disability, loss of future income and emotional distress.
  • If you did not suffer any injuries in the accident but suffered economic loss because of damage to your vehicle and personal items such as cellphone or laptop, you may file a property damage claim with the driver’s insurance company to recover the cost of repairing or replacing these items.
  • Working with a personal injury (PI) attorney can help maximize your compensation and prevent the other party from undervaluing your claim.
  • In the event of death of a crash victim, surviving family members can file a wrongful death lawsuit.
  • According to the statute of limitations, an injured party must file a personal injury lawsuit within two years of the day of the accident or the day of discovering an injury. However, experts advise that a claim should be filed at the earliest to avoid losing crucial evidence such as driver roster and maintenance logs with the trucking company.
  • Most PI attorneys work on contingency basis, which means that they will bill you for their services only if you’re awarded compensation. If the lawsuit is lost, they won’t charge you anything. However, remember to ask your lawyer if you’ll be billed any other charges.
  • If the accident was minor and did not cause grave injuries or much damage to your vehicle, you may contact the driver’s insurance company on your own and negotiate a reasonable settlement. Remember, however, that you have only once chance to recover damages. If you discover an injury later, the insurance company will not be liable to pay you again.
  • If the at-fault party doesn’t have adequate insurance to cover your claim, consult a good accident injury lawyer for alternatives that can help recover your losses.
  • You can strengthen your truck accident injury claim by ensuring that a police report is filed to document the incident. You must also see a doctor right after the accident and preserve all medical records. Speak to any witnesses and note their contact information, take photos of the accident site and contact your attorney as soon as you can.

 

 

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Legal Desire March 7, 2019
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