Understanding your legal rights is essential if you suffer injuries during a truck accident. Trucking companies and truckers, like doctors, rarely admit fault. The reason is that driving is their business. The consequences from professional drivers are more severe than the average person driving for pleasure or commuting. Standing up to insurance companies and powerful trucking companies on your own can be intimidating. Retaining a truck accident lawyer can help you pursue financial compensation for your injuries.
Our Victorville truck accident lawyers understand how difficult it can be to assert personal injury claims in California. Contact our tractor-trailer accident lawyers to request a 100% free consultation today.
The Statute of Limitations Period for Personal Injury Actions in California
It is important to determine the date of injury because the statute of limitations for personal injury actions in California is two years from the date of the injury. Focusing on this deadline is one of the first things a truck accident attorney in Victorville will do for your case.
If you miss the statute of limitations period, then you can lose your right to assert legal claims against the party who was potentially liable for your injuries. The statute of limitations is a time bar set by statutory laws in each jurisdiction, and different causes of action will have different statute of limitations periods. Our semi-truck accident attorneys will ensure your claim is filed before time runs out.
The Most Common Injuries Suffered by Truck Accident Victims in Victorville, California
Truck accident cases are often associated with devastating physical injuries. The force of a large truck colliding with a smaller vehicle can produce catastrophic injuries. Therefore, you need to make sure that you work with your tractor-trailer accident attorney to document all the injuries you suffered due to the truck accident. The following are some of the most common catastrophic injuries our 18-wheeler accident lawyers see in truck accident cases:
- Wrongful death
- Fractured bones
- Third-degree burn injuries
- Back injuries
- Spinal cord injuries
- Traumatic brain injuries
If you are in a truck accident then you need to seek out medical treatment as soon as possible. Do not wait for your symptoms to become more severe. Insurance companies and their attorneys may argue that you did not suffer injuries during the car accident. Otherwise, you would have sought medical care immediately after the accident. Therefore, it is vital that you begin documenting your injuries and your medical treatment as soon as you leave the accident scene.
Most accident victims are taken by E.M.S. or a fire authority to the emergency room for medical care. You should never hesitate to go to the hospital because you believe your symptoms are minor. It is possible for symptoms not to become severe until weeks or months after the date of the incident. Do not forget to connect with our big rig accident lawyers so we can start working on your case as soon as possible after the collision.
The Benefits of Retaining a Victorville Semi Truck Accident Attorney
Retaining a Victorville trucking accident lawyer will enable you to enforce your legal rights and seek monetary compensation for your injuries. You do not have to understand everything about your potential case to seek out assistance from an attorney. Although you may feel intimidated, you should not let the insurance company make you feel as if you have no resources available to you.
Our skilled semi-truck accident lawyers can handle every aspect of your truck accident case, including performing legal research, drafting a complaint, and responding to motions for summary judgment. It can take time for these cases to move through civil litigation, but you can have your attorney handle all the filing deadlines.
Civil litigation is complex, and you need to understand the importance of having a legal advocate who can represent your interests during depositions and at trial. The discovery phase of a truck accident case takes time because multiple parties may potentially be liable for your injuries. A semi-truck accident lawyer can help you discover if the truck driver owned or leased the truck they were driving at the time of the accident. Also, you need to know if the trucking companies contracted with other entities that may also be responsible for causing your injuries.
If your case does involve multiple defendants, then each defendant may have their own 18-wheeler accident attorney to handle their defense. If this is the case, you will need our 18-wheeler accident attorneys to handle the workload associated with a truck accident case. It will benefit you and your family members if you let an attorney handle the majority of the work required in your civil lawsuit.
Common Causes of Truck Accidents in Victorville, California
Numerous circumstances can give rise to truck accidents. If you are searching for a big rig accident attorney, then you need to be able to explain to your potential lawyer what caused the truck accident in which you suffered injuries. The following are some of the most common causes of truck accidents in Victorville, California:
- Distracted driving
- Driving under the influence of alcohol or drugs
- Fatigued driving
- Truck engine failure
- Poor weather conditions
- Tire blowout
Other causes may also cause truck accidents, but those listed here are some of the most frequently encountered causes of truck accidents in Victorville, California. Oftentimes the steep hills near Victorville may cause trucks to tip over or merge into oncoming traffic. Traveling between Victorville and Los Angeles can be especially dangerous, particularly at night, and therefore all drivers must use caution when they are near large trucks on busy highways.
Which Parties May Be Liable For the Injuries You Suffer During a Truck Accident
It is imperative to understand which parties to name as defendants in a truck accident case. Multiple defendants are often liable in truck accident cases in Victorville. The truck company, the leasing company, and the individual truck driver may all be liable for your injuries. Therefore, working with your attorney can help you identify which parties may be responsible for your injuries.
Civil litigation is always more complex when multiple parties are involved. Oftentimes complex insurance policies will apply through which the defendants indemnify each other. Comprehending these policies and determining how they affect your legal rights takes time, and it is necessary to have a legal professional oversee this process. It may be necessary to amend a complaint if you discover indispensable parties that need to be pled into the case.
How to Recover Fair Compensation After a Truck Accident in Victorville
The injuries you endure after a commercial truck accident may have a substantial impact on your life for years to come. Accessing maximum compensation for your damages will be crucial if you hope to avoid financial stress. Fortunately, California provides multiple opportunities for injury victims to demand justice. To start, you may file a claim against the liable party’s insurance policy. Insurance coverage is designed to cover property damages, medical expenses, and other covered losses. It does not provide coverage for non-economic damages and many types of economic damages. For this reason, you should never rely on an insurance settlement alone.
Our big rig accident attorneys may be able to avoid bringing your case to trial by settling with the party outside of court. However, if those responsible for causing your injuries do not have enough insurance coverage to meet your needs and are unwilling to compensate you fairly for your damages outside of court, filing a personal injury lawsuit may be in your best interests. Fortunately, when you go to trial, you have the right to be made. The liable party will be expected to repay you for every single loss you have experienced. This may not make up for the trauma of the experience but will give you an opportunity to move forward without financial ruin.
The Types of Damages Victims May Recover in Truck Accident
Truck accident victims may suffer catastrophic injuries that prevent them from enjoying the freedoms they possessed before the incident. The damages accident victims claim are a measure of the losses they endured due to the nature and severity of their injuries. The majority of injured parties claim general damages and special damages in truck accident cases. However, sometimes victims will claim punitive damages.
General damages refer to emotional or psychological pain such as loss of enjoyment of life. Special damages are quantifiable losses which include medical bills, lost wages, and property damages. It is necessary to distinguish between general damages and special damages when you draft a civil complaint, which is the document that initiates a civil lawsuit.
Punitive damages are reserved for a small selection of civil lawsuits. An 18-wheeler accident lawyer can help you decide if punitive damages may be applicable to your case. Essentially, punitive damages are designed to punish the defendant and to deter the defendant from committing the same harmful act in the future. If you want to learn more about punitive damages and how they may apply to your case, contact a semi-truck accident attorney in Victorville, California, today.
The following are examples of the types of damages you may claim in a civil lawsuit:
- Pain and suffering
- Lost wages
- Medical assistance
- Mental health counseling
- Physical therapy
- Medical bills
Other types of damages are also available to individuals who suffer injuries during truck accidents. Speaking with a personal injury lawyer will help you understand which types of damages you may claim in your case. You do not have to be afraid to seek financial compensation for your injuries.
Relevant Evidence For A Truck Accident Case
Litigating a civil lawsuit means gathering relevant evidence to substantiate your legal claims. It is difficult to prove the elements of your legal claims unless you have documentary evidence and testimonial evidence to support your assertions. Truck accidents are notoriously difficult to investigate in a short period of time.
The following are common forms of evidence which may be relevant to a truck accident case:
- Truck company records
- Electronic logging machines
- Truck cameras
- Electronic control modules (ECMs)
- Witness statements
It can be difficult to acquire this information on your own without the assistance of a big rig accident lawyer. Trucking companies now often install cameras inside trucks which record both the road and the driver. The FMCSA mandates that truck drivers log their working hours with an electronic logging device (ELD).
The mechanisms provide accountability in case a truck accident occurs and an accident victim suffers serious bodily injury or death. Most trucking companies also test their employees for alcohol and drug use. Employment history reports may also be relevant to your legal claims.
Truck Accident Cases and Negligence Law
The law of negligence is vital to any truck accident case. Almost every truck accident has a negligence claim in its initial complaint. Negligence is a subtopic of tort law, and the four elements of negligence are duty, breach, causation, and damages. These elements must be satisfied by a preponderance of the evidence standard, and this typically means 51% or more.
Negligence claims are generally state law claims. A civil lawsuit may be litigated in federal court or state court, depending on the facts of the case. Establishing that the other party was negligent is not always straightforward. You must work with the evidence available to you, and it is necessary to focus on what notice the defendant had regarding the inherently dangerous acts of the employee truck driver.
Civil Lawsuits and Trials
Only five percent of all civil lawsuits go to trial. The majority of civil lawsuits are settled during settlement negotiations or mediation. However, it is possible your case could go to trial, and if this occurs, then you will need to have an attorney on your side. A trial can last for weeks, and it can be difficult to act pro se if your case proceeds to trial.
Pre-trial documents take time to complete. The parties must draft several joint documents, including a pre-trial conference order. Also, the parties need to exchange witness lists, exhibit lists, and jury instructions. These documents take time to prepare, and opposing counsel may object to specific provisions contained in the pre-trial documents.
Our skilled trucking accident attorneys are prepared for trial and will be able to help you more than a novice attorney with no trial experience whatsoever. A tractor-trailer accident lawyer needs to understand how to examine and cross-examine witnesses. Also, it is important that lawyers feel confident delivering opening statements and closing statements to the jurors.
Contact a Victorville Truck Accident Attorney Today
You may not know where to turn when you need a Victorville truck accident attorney. You need to seek assistance for your case so you can pursue financial compensation for your injuries. If you are seeking a trucking accident attorney, contact Moody Law today to schedule a free consultation. Nothing in this post is intended to be legal advice. Contact us to learn more about the legal options available to you.