Trucking accidents can have life-altering consequences for victims. The impact of the crash often results in severe injuries, property damages, and even fatalities. Victims and their loved ones have to grapple with physical, emotional, and financial difficulties. The law makes pursuing compensation for damages suffered in trucking accidents possible, but the process can be complex.
If you or your loved one suffered injuries in a truck accident, consult skilled California personal injury lawyers. They can help you understand the complexities of such cases and explore the various legal avenues available to seek the compensation you deserve.
What Are the Federal and State Trucking Regulations?
The trucking industry is heavily regulated at the state and federal levels, and the laws are governed by the Federal Motor Carrier Safety Administration (FMCSA). The administration sets nationwide standards for the operation of commercial trucks, hours of service, driver qualifications, and maintenance requirements.
States may impose additional rules and regulations to reinforce good behavior in the trucking industry and minimize truck accidents. When pursuing compensation after a truck accident, it’s crucial to understand these laws and how they can affect your compensation claim. Experienced truck accident attorneys in California can help you understand the laws and navigate the complexities.
What Does the Process of Pursuing Compensation After a Truck Accident Entail?
Pursuing compensation after a trucking accident can be a lengthy and emotionally draining process. Apart from navigating complex trucking laws, you must also grapple with other legal issues surrounding the claim.
That’s why seeking legal representation from aggressive truck accident lawyers in California is advisable. They can be actively involved in the following steps to help you obtain the most suitable outcome:
Investigating the Accident Scene
Immediate investigation of the accident scene is crucial to determine how the accident happened and the factors that could have been responsible for the crash. Once you contact truck accident attorneys in California, they can quickly engage accident reconstruction experts to help them determine the events leading up to the accident. This is crucial to help determine liability.
Gathering Evidence
Collecting evidence after an accident is another crucial step in pursuing compensation. You must support your claim with proof that the at-fault party was negligent and owes you compensation. Evidence that your California personal injury lawyers can help you collect to prove your case includes:
- Logbooks that can show if the driver was adhering to hours of service regulations
- Maintenance records that can show if the truck was properly serviced and whether any mechanical issues were ignored
- Witness testimonies giving accounts of how the accident happened
- Photos and videos of the accident scene
- Police reports of the accident to assess any violations committed or citations issued to the involved parties
Timely evidence collection is crucial to prevent it from being tampered with or disappearing. Experienced attorneys know how to preserve evidence that can strengthen your claim.
Determining Liability
Several parties can be held liable for a truck accident. There is often an interplay between the following parties:
- Truck drivers: A truck driver can be held liable if investigations reveal they were driving negligently, such as while fatigued, speeding, or distracted
- Truck companies: Truck companies should hire qualified drivers and not overwork them. Companies can be liable for accidents for violating trucking service hours regulations or for failing to adequately maintain a truck in good condition.
- Cargo companies: Cargo companies must safely secure cargo on trucks to prevent overloading or imbalances that could lead to accidents. They can be held liable if improper cargo loading is the cause of an accident.
- Manufacturers: Truck and parts manufacturers have an obligation to produce safe products. A truck’s mechanical failure that leads to an accident can be due to a manufacturer’s negligence, and they can be held liable for the damages.
- The government or municipality: Poor road conditions, such as potholes or a lack of traffic signs, can sometimes cause truck accidents. If this is the case, the government or municipality can be held liable.
Understanding the federal and state laws that govern these parties individually and collectively is crucial for identifying negligent parties and holding them accountable.
Pursuing Compensation
After determining liability, your personal injury attorneys in California will file a compensation claim against the at-fault party’s insurance company. The claim is based on assessing the full extent of the damages you suffered from the accident. Some elements of the compensation claim include the following:
- Emergency treatment costs
- Medical and hospital visit costs
- Surgery costs
- Long-term care costs
- Medical assistive devices costs
- Prescription costs
- Loss of income and lost or diminished earning capacity
- Loss of consortium
- Physical pain and emotional distress
These damages can amount to several thousands of dollars. However, obtaining compensation is often complex and time-consuming. Insurance companies usually fight hard against compensation claims to pay the least amount possible or nothing at all. That’s why it’s important to hire aggressive truck accident lawyers in California to fight for your rights.
An Experienced Personal Injury Lawyer Helping You Navigate Complex Trucking Regulations Following an Accident
Trucking accidents have far-reaching consequences, and the process of pursuing compensation is often complicated and involved. If you’re a victim of such an accident, consult skilled truck accident attorneys in California for legal counsel on how to pursue what you rightfully deserve. They can help you navigate the complexities of the trucking industry when seeking compensation.
Nadrich Accident Injury Lawyers is a personal injury law firm in California that has dedicated truck accident lawyers. We have experience litigating truck accident lawsuits and fight hard to ensure our clients get the compensation they deserve. Our team can evaluate your case and guide you accordingly. Call us today to schedule a FREE case evaluation.
