While there is no legal requirement that you consult with a lawyer after a truck accident, we strongly encourage anyone involved in a truck crash to speak with a knowledgeable attorney as soon as possible.
Given the sheer size of a big rig and the force upon impact in a collision, most truck accident victims suffer serious injuries. You have legal rights and options if this happens to you or someone you love. Still, it is essential to know when to consult a lawyer for a truck accident to ensure you take advantage of your opportunity for recovery.
Truck Accidents Are Complex
For several reasons, truck accidents are often more complex than standard private passenger vehicle accidents. In a truck accident, several parties may be potentially liable for your injuries. Liability usually extends far beyond just the truck driver. The driver’s employer (i.e., the trucking company), the manufacturer, mechanic or service center, warehouse, shipping company, and others may be partially responsible for causing the wreck.
Joint and Several Liability
One or several parties may be accountable for truck crashes. Identifying and proving who is at fault is essential to ensure you receive the maximum compensation. However, this is easier said than done. Determining fault requires a thorough investigation, which can last months and require expert help, subpoenas, and more.
Vicarious Liability
If a truck driver causes an accident in California, their employer may be liable.
Specifically, plaintiffs can hold an employer vicariously liable for its employee’s negligence when the employee is acting within the ordinary scope of their job, and another person sustains injury due to the employee’s conduct. This is often the case in truck accidents, and you must include these claims in your lawsuit.
Comparative Negligence
California follows a comparative negligence standard, allowing a plaintiff to recover damages even if they are partially at fault for the accident. In California, a plaintiff can seek compensation even if they are 99% at fault for the truck crash. However, a partially responsible plaintiff’s jury award is reduced by their percentage of fault. In other words, if the plaintiff is 40% attributable to causing the truck accident, their award will be reduced by 40%.
For example, if the plaintiff is awarded $100,000 but is 40% responsible for the accident, they will be limited to recovering $60,000. Trucking companies and their insurance carriers will try to attribute as much fault as possible to you to avoid paying a large sum of money. This is one reason you should consult an attorney soon after being involved in a truck accident. Determining and accepting the percentage of fault can drastically impact the outcome of your case.
Statute of Limitations
Consulting a truck accident lawyer immediately after the accident is essential to ensure you take advantage of your opportunity to file a civil complaint. California’s statute of limitations for most truck accident victims to file a personal injury lawsuit is two years from the accident date. While this is the general rule, several exceptions can extend or shorten that timeframe.
For instance, a minor plaintiff typically has two years from their 18th birthday to initiate a lawsuit, allowing for a significantly longer window of opportunity. On the other hand, if the truck is a government-owned vehicle, you may only have a few short months to initiate a claim. A seasoned truck accident lawyer in Los Angeles can help you determine your deadline for filing suit.
As a practical consideration, it is wise to consult an attorney immediately while recollection, memories, and evidence are still fresh.
How Can Weinberg Law Help Me?
Your life has undoubtedly changed if you’ve been involved in a truck accident. Chances are you are recovering from severe physical injuries, have missed substantial time from work, and are missing out on your average daily life activities.
Navigating the legalities of a lawsuit while also trying to rebuild your life can feel overwhelming and unmanageable. That’s where we step in. At Weinberg Law Offices, we have the resources, skills, and knowledge necessary to achieve a favorable outcome for you and your family.
Specifically, we can help you:
- Investigate the truck accident;
- Identify the responsible parties;
- Deal with the insurance company;
- Negotiate with the defendant’s insurance adjuster or attorney;
- File your complaint with the court;
- Conduct discovery; and
- Represent you in court, all while providing compensation support and aggressive advocacy.
Whether you are still in the early stages of contemplating a lawsuit or have already begun the process on your own and feeling the weight on your shoulders, let us help.
Truck accidents can be caused by many circumstances, including driver fatigue, distracted driving, improper cargo loading, negligent hiring, and mechanical failure. Almost always, human error or negligence causes these accidents. Understanding the cause can be vital to building a solid legal case. At Weinberg Law Offices, our experienced team will leave no stone unturned to investigate the cause of the crash and hold those responsible accountable.
Types of Truck Accidents
A commercial truck crash can happen for almost any reason, and most accidents are similar to any motor vehicle accident. However, some are unique to big rigs, such as:
- Jackknife accidents,
- Rollovers,
- Override accidents, and
- Underride accidents.
The design, size, and moveability of trucks make them susceptible to horrific types of crashes that can leave anyone involved severely injured or dead.
Recoverable Damages
By consulting an attorney, you can increase your odds of receiving the maximum compensation for your injuries. The damages you might receive will be influenced by factors such as the number of defendants, type of defendants (e.g., corporation vs. private individual), and insurance policy maximums.
A successful plaintiff can receive compensatory damages, including:
- Past and future medical expenses,
- Lost wages,
- Lost earning capacity,
- Cost of the repair or replacement of their vehicle,
- Cost of home or car modifications for a disability,
- Pain and suffering damages,
- Emotional distress, and
- Loss of enjoyment of life.
Each truck accident case is unique; ultimately, the semi-truck accident settlement amount you receive will depend on how each factor applies to you. An attorney can assess your case and help you better understand what to expect.
Los Angeles Personal Injury Law Firm
At Weinberg Law Offices, we are prepared to take any case to trial and will aggressively challenge the largest insurance companies. If you or a loved one was recently injured in a commercial truck accident in or around Los Angeles, contact us immediately to schedule your free consultation.
Disclaimer: This content should not be construed as legal advice.
As a personal injury attorney, my mantra is that there is no such thing as a “small case”. I will give 100% matter how big or small a case may be. I am fluent in English, Hebrew, and Spanish, languages which I use regularly in my practice.
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