When to Hire a Truck Accident Attorney in California?
Truck accidents throughout California injure or kill thousands of people each year. Even in low-speed collisions, trucks can cause serious damage to small passenger vehicles, resulting in devastating, life-threatening injuries to other drivers and their passengers.
If you suffered severe injuries or lost a loved one in a California trucking accident, hire a truck accident lawyer today. You may know that you can obtain compensation from those responsible, but not know how to pursue compensation or the requirements involved.
An experienced truck accident attorney can review your case, advise you of your rights and options, file a claim, and pursue the compensation you need. No matter how serious your injuries, you can benefit from having an attorney represent you throughout the process, and you should consult an attorney as soon after the accident as you can.
You will need to know long you have to file your claim and the steps involved so you can understand all the ways a truck accident attorney can help.
Truck accident claims require specialized knowledge and skills of not only extremely complex California laws but federal regulations as well. A truck accident attorney can provide valuable assistance and support in several ways:
Legal Expertise
Truck accident cases involve specific laws and regulations that differ from those applicable to regular car accidents. A truck accident attorney has the necessary knowledge and experience in this specialized area of law. They understand the complexities of trucking regulations, liability issues, and insurance requirements, enabling them to navigate the legal process effectively.
Investigation and Evidence Gathering
A truck accident attorney can thoroughly investigate the accident. They have the resources to gather evidence such as accident reports, witness statements, photographs, expert reports and other relevant information that can strengthen your case. A thorough investigation to determine liability and build a strong claim is critical.
Determining Liability
Truck accidents often involve multiple parties, including the truck driver, trucking company, maintenance providers, and more. An experienced attorney can assess the circumstances surrounding the accident, review contracts and insurance policies, and use their legal knowledge to determine who you can hold accountable for your injuries and damages.
Dealing With Insurance Companies
Insurance companies may minimize your claim or deny it altogether. They have their own interests, which may not align with yours. Having a truck accident attorney by your side ensures that you have someone who understands insurance laws and can negotiate with the insurance company for you. They can protect your rights, handle communications, and pursue the full compensation you deserve.
Maximizing Compensation
A skilled truck accident attorney knows how to assess the true value of your claim. They can identify all the damages you deserve, including medical expenses, lost income, pain and suffering, property damage, and emotional distress. They will work diligently to build a strong case that seeks maximum compensation for your losses.
Litigation Representation
If your case goes to court, a truck accident attorney can provide skilled representation. They will present your case before a judge and jury if the case goes to trial, protecting your rights and ensuring that your voice is heard. Even if the case is not tried, during litigation they will use their knowledge of the law and courtroom experience to advocate for you and fight for a favorable settlement.
Overall, hiring a truck accident attorney can significantly increase your chances of obtaining fair compensation. A lawyer can navigate the legal process smoothly and protect your rights throughout the proceedings.
What Is California’s Statute of Limitations for Truck Accidents?
In most cases, California gives you two years from the accident to file your lawsuit in civil court. However, often trucking cases involve parties such as government entities that require your case to be filed within six months of the incident. Understanding what statute of limitations applies to your case is of the utmost importance.
In certain situations, the statute of limitations will extend, or toll, the amount of time you have to file. Extensions exist if the defendant was under 18 at the time of the accident, in prison or out of state, or declared legally insane. The statute of limitations begins when they turn 18, are released from prison, return to California, or are declared no longer insane.
If you do not file your truck accident lawsuit within the statute of limitations, you may forfeit any options you have of legally obtaining compensation from the liable parties. Therefore, you need to consult an attorney right away to get started.
Claims Against a Government
If you need to file a personal injury or property damage claim with a local, state, or federal government entity in California, you must do so within six months of your injury. The government will have 45 days to respond after receiving your claim. If they deny your claim, you have another six months from the date you received the rejection letter to file a lawsuit in civil court. If the government does not respond at all, you have two years to file a lawsuit against them in court.
Regardless of what type of commercial vehicle caused the truck accident or the avenues you must use to pursue compensation, you need to consult an attorney as soon as possible following the accident. A lawyer can advise you on when you must file your claim, and they can handle all the paperwork and file your claim for you so you don’t have to worry about it.
Third-Party Claims
Trucking accident claims typically involve several parties. Not only may the truck driver and the trucking company bear liability, but you may also pursue compensation from third parties that also bear responsibility for the accident and your injuries.
If a defective truck component failed and contributed to the accident, you may file a claim against the part manufacturer and others involved with the product's design, installation, and marketing. For example, the truck’s brakes may have failed, or the trucker may have used retreaded tires that unraveled.
Likewise, if the truck’s cargo shifted or fell during transit, and that caused the driver to lose control and crash (or the cargo landed on your car), you could hold the parties that loaded the cargo liable. The same applies to holding the trailer owner or manufacturer liable if the trailer failed or somehow contributed to the accident and your injuries.
An attorney can thoroughly investigate the crash and determine the liability of all parties involved. They can then work to hold the parties accountable and help you get fair compensation.
What Should I Do After a Truck Accident in California?
The first thing you should do following a truck accident in California is get immediate medical treatment for anyone who suffered serious injuries. Call 911 and report the accident and alert local law enforcement. California law requires drivers to report vehicle accidents involving injury or death within 10 days.
If you are able, you also need to get the contact and insurance information from the truck driver and any other drivers involved in the accident.
Even if you don’t think the crash hurt you or your injuries appeared minor, get a prompt medical evaluation as soon as you can. You will need documentation that you sustained injuries to file a claim, and you will need to submit evidence of your medical care and treatment plan.
Next, contact an experienced California truck accident attorney. A lawyer can advise you what to do in the aftermath of the crash to make sure you protect your rights and avoid doing or saying anything that can negatively affect your case.
Do not offer any more information than necessary when speaking with others before you talk to an attorney. You do not want to inadvertently say or do something that places blame on you for the crash or would jeopardize your chances of pursuing compensation. If the insurance company tries to contact you, refer them to your lawyer.
Contact an Experienced Truck Accident Attorney in California Today
Along with advising you and protecting your rights, a California personal injury lawyer can gather the necessary evidence and file your claim properly on time. They can negotiate with the insurance company and deal with all communication to ease your burden and stress, and they will have the resources and skills to build a strong case for you. A lawyer can also file your lawsuit in court, if necessary, and present a compelling case at trial to justify the judge or jury into awarding you damages.
Having a truck accident attorney by your side provides you with an advocate who will protect your rights, handle the legal complexities, and work tirelessly to achieve the best possible outcome.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.