The Law Office of Nikolaus W. Reed represents injury victims in truck accidents throughout San Pablo. Any vehicle accident carries its share of risk of injury, but truck accidents with large commercial vehicles are almost always more serious. If you’re injured in a truck accident, it’s essential to have experienced help. NWR Law knows how to handle truck accident claims. We’ll take care of the legal side so you can concentrate on getting better. Contact us now for a free consultation.
Should You Hire a Lawyer?
Even though a truck accident is typically more severe in terms of the damage, there’s still the chance that your accident is minor. In that case, you probably don’t need a lawyer to help you. Then again, when in a truck accident, you’re probably facing severe injuries and other damage you’re dealing with. This makes the legal process all the more challenging, but my firm can help. Here’s how we typically approach these cases:
- Legal assistance – First and foremost, we have years of experience in dealing with truck accidents and the law in California pertains to them. We’ll explain your options and give you the information you need to make a decision about what to do.
- Accident investigation – Using our skills and resources, we investigate the details to find out what happened in your accident. We collect evidence, talk to witnesses, and study the scene to find out who’s at fault.
- Handling communications – We talk to insurance companies and other people so you don’t have to. We make sure you don’t say anything that could hurt your case.
- Negotiating – Any case is going to involve a bit of negotiating, and my firm can put together a strong case for you. Then, I’ll handle any negotiations to get you a fair deal.
Most importantly, we’re here to make things easier for you. You can focus on your health while we handle the legal side of things. Usually, the starting point of the process is figuring out who’s responsible for the accident
Who’s Responsible For a Truck Accident?
Despite a truck accident being viewed the same as any other vehicle accident in the eyes of the law, one of the things that make them especially difficult is that it’s hard to nail down who’s responsible.
This responsibility is usually the first legal hurdle in truck accident cases. While the basic principle remains the same–the party responsible for the accident is liable for damages–truck accidents often involve multiple potentially responsible parties:
- Truck driver – If the driver’s actions, such as speeding or reckless driving, caused the accident, they may be held liable.
- Employer – The company employing the driver can also be held responsible, often under “vicarious liability,” where employers are accountable for their employees’ actions while on the job.
- Truck manufacturer – If a defect in the truck’s design or manufacturing contributed to the accident, the manufacturer could be liable.
- Cargo loading staff or company – Improper cargo loading or securement may lead to liability for the loading company.
- Maintenance staff or company – Inadequate maintenance or repairs could make the maintenance company liable.
- Parts manufacturers – If equipment failure occurs, the manufacturer of the faulty part might be deemed liable.
Basically, there’s tons of moving parts in a typical truck accident. Then, there’s the prospect of gathering all the details of evidence from each of these parties. It’s usually not as simple as a truck driver simply losing focus and causing an accident. At the same time, with so many potentially liable parties, it means there’s more involved in the legal process.
Legal Process After a Truck Accident
The reason liability is so important legally is because it decides who actually pays for your damages. The way you get to this point, though, is to file an injury claim and officially enter into the legal process. Generally, you have two options here:
- Filing an insurance claim outside of court
- Filing a personal injury lawsuit inside the court system
Both processes look very similar, with the main difference being that an insurance claim is much less formal. It can give you quicker access to settlement funds, but they often won’t cover everything since the insurance company is the sole decision-maker on what they offer you. Conversely, a formal lawsuit takes much more time and effort, but gives you a greater chance at recovering the financial support you need to take care of your injuries and other damages from the accident.
Truck accidents often cause severe injuries and significant damage, especially to those in regular cars. Besides dealing with extensive medical treatment, your vehicle may be badly damaged or totaled. The emotional toll can also be immense. Fortunately, when assessing your losses, all of these factors are considered. In a typical truck accident claim, damages may cover:
- Medical expenses from the accident
- Lost income due to the accident
- Future income loss in case of permanent injury
- Repair/replacement costs for your vehicle or damaged property
- Pain and suffering
- Emotional distress
- Decreased quality of life
- Loss of companionship
- Scarring or disfigurement
- Wrongful death expenses, like funeral or burial costs
Again, the process plays out differently for every case. That said, there’s one important thing that does not change: the statute of limitations. In California, you have two years from the date of the accident to file your claim. Miss this deadline and you won’t be able to recover these damages.
What Should You Do After a Truck Accident?
Because your damages are going to be so important to your physical and mental recovery after a truck accident, it’s important to do everything you can to strengthen your claim. Here’s a few ways you can do that:
- Report the accident – First things first, get to a safe place on the road and call the police and other authorities. This will allow them to respond and clear the scene, and if you’re hurt, an ambulance and EMTs can take care of any immediate injuries.
- Get medical care right away – Put your health in focus by getting medical help right away, even if you feel okay. Some injuries may not be immediately apparent, so EMTs can assess you at the scene. Get further treatment at a doctor’s office or hospital also.
- Document what happened – Take thorough notes and photos of the accident scene, noting the date, time, location, weather, road conditions, vehicles involved, positions, and damages. Exchange contact, insurance, and vehicle details with others involved, including the truck driver and witnesses. Take down important information like names, phone numbers, addresses, and license plate numbers.
- Preserve evidence – Keep important evidence intact by retaining copies of pertinent documents such as medical records, repair estimates, and any expenses accrued. These records will prove beneficial when filing insurance claims or initiating legal proceedings.
Injuries
What separates a truck accident from other vehicle accidents is how hurt you can get. It’s not surprising to see why: a commercial big rig is much bigger and heavier than your vehicle, plus they’re usually carrying hazardous cargo like gasoline or chemicals. All of this adds up to serious injuries, in most cases. This includes injuries like:
- Head injuries, including traumatic brain injuries (TBIs)
- Spinal injuries
- Broken bones and fractures
- Burns
- Whiplash
- Internal organ damage
- Fatal injuries
These vary from case to case just like other parts of truck accidents. Despite following the above steps, navigating the claims process in a truck accident is expected to be difficult. Nonetheless, you can rely on the support of our team at NWR Law throughout the entire process.
Count on NWR Law After a San Pablo Truck Accident
When you’re in a truck accident, you can have a number of challenges ahead of you. It’s not just about your injuries–although those will likely be substantial. There’s also the prospect of facing a huge trucking company in the legal process, all while trying to heal and move forward. At NWR Law, you can count on my San Pablo truck accident team for support and guidance. We’ll be with you every step of the way. To learn more, contact us today for a free consultation.