The trucking industry is an essential part of the supply and demand chain, hauling goods from one end of the country to the other, utilizing our state’s miles of open roads and highways. The hefty size and weight of these vehicles can create devastating damage in an accident, leaving the victim with costly medical bills and other sizable damages.
While filing an insurance claim may feel straightforward in a typical car crash, a California truck accident may be more complex because of various factors. An attorney can take on many of the most time-consuming — and financially important — steps of the claim process, alleviating the weight of claim management from your shoulders.
The associates at Singh Ahluwalia Attorneys at Law work diligently to support the needs of each client through their financial recovery. The first step is a free, no-obligation initial consultation with one of our experienced attorneys.
We speak multiple languages for the convenience of our clients: English, Punjabi, Hindi, and Spanish. To get the help you need for your claim to succeed, schedule a free case evaluation with a California trucking accident lawyer today when you call 559-878-4958 or contact us online.
When Do I Need an Attorney After a Trucking Accident in California?
A truck accident lawyer can be invaluable during your process of financial recovery after any truck crash. However, legal services can be particularly important in certain cases, such as those that have the following characteristics.
Parties Disagree on Details of the Accident
In some cases, evidence regarding the events of the crash may be unclear, leaving room for differing interpretations of the events. If needed, an attorney can consult with accident reconstruction specialists or other experts in the field to put together an independent analysis of the evidence.
The Insurer or the At-Fault Company Stops Communicating
It’s common for an allegedly negligent company (or their insurer) to go quiet after a claimant files an initial report. Clear and efficient communication is essential in finalizing an insurance claim, so long delays in responses can be a clever way to stall for time.
Having an attorney manage all communication between you and the liable party can help put pressure on their end to collaborate quickly and handle your claim expediently.
There Are Multiple At-Fault Parties
In a situation where more than one person (or company) is responsible for the accident’s damages, an attorney can be especially helpful. More than one at-fault party means the possibility of multiple claims — or even several lawsuits — in order to make a comprehensive recovery.
You Have Severe Injuries or Other Significant Losses
A truck accident can result in serious property damage or extreme injuries, both of which will leave a costly burden on the victim. Those who have suffered accidents with unique, extreme, or ongoing expenses should seek legal representation because of how difficult it can be to secure exhaustive benefits.
The need is especially great in cases of spinal cord injury, traumatic brain injury, partial paralysis, wrongful death, or the possibility of the injury victim never returning to the same job duties.
Your Claim (Or a Large Portion of It) Was Denied
Even if an insurance company denies your claim for compensation after an accident, that doesn’t necessarily mean you are at a dead end. An attorney will review the reason for the denial to determine how it was justified and if you can appeal.
Your lawyer can help you present an appeal to provide more evidence, address inadequacies in your claim, and prepare an argument for reconsideration. If your appeal is unsuccessful — or seems like it would not be fruitful — your attorney may help you continue to pursue damages from the liable party through a lawsuit.
Attorneys Help Identify Who May Be Responsible in a California Truck Accident
Truck accidents are on the rise. In the last ten years, there has been a 49% increase in truck accident fatalities.
Even with skilled and highly trained commercial drivers on the road, accidents still happen because of driver or employer negligence. After all, a driver is not the only part involved in the trucking industry who can be deemed responsible for an accident on the road, as their employer — as well those who had hands on the vehicle before the driver — may also take on liability.
In most cases, the carrier company that contracted or hired the truck driver will be liable for the damages caused in an accident, but other parties may also be at fault, including:
- Contracted maintenance company
- Independently contracted driver
- Loading company
- Owner of the cab rig or trailer
- Manufacturer of a defective part
- Other drivers involved besides the truck driver
What Evidence Counts Most When Determining Negligence in a California Truck Accident?
Your attorney can help you put together evidence from:
- Street cams
- Police reports
- Dash cameras
- “Black box” information
- Driver history, including substance abuse and accident records
- Log of vehicle maintenance
- Log of driver rest periods
- Manufacturer data
Obtaining all of this information can be difficult, as trucking companies are apt to avoid releasing any data until the law forces them to. Your attorney can use legal means to request evidence — and, if necessary, subpoena it using discovery powers once a lawsuit is filed.
How Do Accidents With Tractor Trailers Typically Happen?
One of the first things a new motorist will learn about the road is its danger. An accident can happen anywhere, but some of the most commonly recorded factors that lead to truck accidents in California include the following:
- Driver inexperience: Because of the overwhelming size of the vehicle, learning to drive a truck can be more of a complex challenge than adjusting to the rules of a car. A driver with a lack of proper training or inadequate experience on the road may make more critical errors.
- Poor weather conditions: Wind, fog, and storms can all impact how a vehicle moves on the road, and maneuvering a stressed tractor-trailer through these conditions is a dangerous task. Truck drivers are expected to assess road conditions and utilize weather predictions to make responsible judgment calls about risky roads.
- Driver fatigue: Driving while drowsy is considered just as dangerous as driving while under the influence of drugs or alcohol. An analysis of the association between sleep, caffeine, and truck driving safety found that every 8 oz of caffeine causes a 6% reduction in safety-critical events.
- Improper loading: Overloading a trailer, unevenly distributing the weight of the cargo, or improperly securing the load will not only be strenuous on the vehicle, but it can also put the lives of the driver and other motorists at risk.
- Driver error: Includes most factors that are preventable by the driver or their negligent actions. Distracted driving, speeding, driving impaired, aggressive driving, and failure to yield are all considered common forms of driver error.
- Mechanical failures: Trucks and their attached trailers are inspected regularly, but equipment failure is still a common factor in serious accidents. Issues with the brake system, steering wheel, tires, and cargo attachments can all be dangerous malfunctions that endanger those on the road.
- Road conditions: A poorly maintained road, crowded construction zone, or unevenly leveled driving lane can be dangerous for a vehicle as big as a truck. The additional weight can add a heightened threat of an accident because of the risk of the trailer flipping onto its side.
Your attorney will help you determine whether negligence was involved in your wreck and how it contributed to the circumstances of your accident.
What Are the Steps to Filing an Accident Claim With a California Truck Accident Lawyer?
An attorney can provide their client with beneficial resources that they wouldn’t have access to otherwise, including guidance and task management in:
- Organizing and filing a claim: Initially reporting an accident to the carrier insurance company does not ensure that they will accept fault or process your claim efficiently. Your attorney can help oversee every step of your claim, preventing unnecessary postponement of your financial recovery.
- Investigating crash details: Your attorney knows where to find help from experts for investigative purposes. Working with reconstructionists, medical professionals, and forensic specialists can help solidify important details of the accident. Your attorney can also formally request or subpoena in a formal lawsuit, information from the other party.
- Understanding legal nuance: Attorneys have a background understanding of truck accidents as a whole, which can thoroughly prepare you for what’s to come. Your lawyer can even use prior court rulings involving similar cases to better understand the potential outcomes of your claim.
- Negotiating a final settlement: Many claimants may not have a ballpark figure of what their claim is worth, but an attorney can offer insight into the true value of a claim. Your attorney will approach negotiation strategically, preventing the negligent party’s insurer from undervaluing your claim but also not overstepping when presenting counteroffers.
- Preparing client for a potential lawsuit: In a traditional car accident claim, the claimant may be able to settle their expenses by filing one report with a single driver’s insurance carrier. In a trucking accident, you may be looking at a formal lawsuit with the carrier company. These businesses have corporate policies that may look for any arguable reason to avoid paying you out. Your attorney will manage pre-trial motions and all steps of the case while continuing to negotiate for a reasonable settlement on your behalf.
Call Singh Ahluwalia Attorneys at Law to Meet with a Local California Truck Accident Attorney
After an accident, seeing expenses pile up can be daunting and leave the victim feeling hopeless. Putting your case on the back burner will only benefit the liable party and hurt your financial recovery in the long run.
The main purpose of an attorney is to help you manage the overwhelming tasks of settling a truck accident claim and keep the process moving efficiently while helping you seek the maximum compensation available for your specific case.
If you have been in a recent truck accident, a consultation with a California truck accident lawyer from Singh Ahluwalia Attorneys at Law can help you better understand what to expect and what your case is actually worth. We help address your uncertainties and prepare you for the tasks that lie ahead.
Schedule a free consultation with one of our experienced attorneys to discuss your case for free when you call 559-878-4958 or contact us online.
