Truck Accident FAQ

california truck accident

Due to their size and weight, trucks have the potential to cause devastating damages in a collision. If you or someone you love has suffered considerable losses in a truck accident, contact an attorney right away. You may be entitled to compensation for your injuries. You can get a basic understanding of your rights and legal options by reading the FAQ we have provided below.

WHAT SHOULD I DO AFTER A TRUCK ACCIDENT?

There are certain steps you must take to ensure that your rights remain protected in the aftermath of a truck accident. First and foremost, get immediate medical attention. Not only is it essential for you to get your injuries treated by a physician before they get worse, but it is also important that you fully document your recovery. Your medical report may be used during settlement negotiations to establish the full extent of your injuries and maximize your compensation.

Another important thing to keep in mind is that the insurance company is not on your side. The claims adjuster may act as if he or she is looking out for your best interests, but his or her job is to settle your case for as little as possible. Don’t let yourself get lowballed. Have a reliable personal injury attorney handle all of your communications with the opposing insurance company. This way, you won’t have the opportunity to put your claim in jeopardy by doing or saying the wrong thing.

WHO CAN I SUE FOR A TRUCK ACCIDENT?

Depending on the circumstances of your truck accident, the liable party or parties in your claim may include one or more of the following:

  • The owner of the rig;
  • The owners of the cab and trailer;
  • The owner of the freight;
  • The driver;
  • The driver’s employer;
  • A parent company;
  • The manufacturer of the truck parts; and/or
  • A third-party maintenance company.

An attorney can investigate your case to sort out who the liable parties are and help bring them to justice.

HOW LONG DO I HAVE TO FILE A TRUCK ACCIDENT LAWSUIT?

In California, the deadline to file a personal injury claim, also known as the statute of limitations, is two years from the date of the injury. If you fail to file your claim before the window closes, you will be barred from pursuing compensation. To ensure that this doesn’t happen, speak with a lawyer about your case as soon as possible.

ARE THERE SPECIAL REGULATIONS GOVERNING THE TRUCKING INDUSTRY?

Yes, the Federal Motor Carrier Safety Administration (FMCSA) enforces certain laws and regulations in the trucking industry to reduce trucking accidents and keep the roads safe for everyone. These regulations are as follows:

  • Truck drivers must abide by Hours of Service restrictions which dictate how many hours they are allowed to drive in a certain period of time. The amount of driving and off-duty time must be kept track of in a driver’s log.
  • No driver can go on duty while having an alcohol concentration of 0.04 or greater. In addition, the regulations prohibit drivers from consuming alcohol four hours before driving.
  • There are other rules that must be followed before a commercial vehicle can be operated. For instance, a trucker may not drive if he or she is too tired, drunk, knows that the vehicle is not in good working order, etc.
  • All drivers must be approved, certificated, and adequately trained to operate an 18-wheeler. They must also not have a record of certain criminal offenses.
  • Trucking companies must properly maintain all equipment and parts to ensure safe operation.
  • Cargo must be properly distributed and adequately secured.

For more info on trucking regulations, visit: http://www.fmcsa.dot.gov/regulations/title49/b/5/3.

HOW MUCH IS MY TRUCK ACCIDENT CASE WORTH?

While a legal professional can conduct an evaluation of your damages (medical expenses, lost income, pain and suffering, etc.) and provide you with a rough estimate of your potential recovery, he or she cannot possibly provide you with an exact figure since there are so many factors which go into determining a claim’s value. Do not trust a lawyer who promises a certain settlement or jury award.

At Wilshire Law Firm, our California truck accident attorneys have the experience and resources to take trucking companies and their insurers head-on. Using the latest technology and experienced expert witnesses, we will establish your side of the story so the liable party or parties have no choice but to give you full and fair compensation for your losses. If litigation becomes necessary, we will aggressively fight to protect your best interests in court. In short, we will do whatever it takes to net you an optimal case outcome.

To discuss the specifics of your injury or wrongful death claim with one of our dedicated legal team members, call (800) 522-7274 now. We offer FREE consultations.

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