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Bakersfield Truck Accident Lawyer

With major and minor freeways sprawling across the city map, Bakersfield is no stranger to commercial trucks on its roadways. Unfortunately, these trucks are far larger than other vehicles and present a number of maneuverability issues such as an increased stopping distance, the need to make wide turns, and significant blind spots. Individuals who have been injured in a truck accident can seek compensation for the psychological and monetary costs of their injury through California's personal injury claims process.

Truck accident claims can be complex due to the number of involved parties and variables. A Bakersfield truck accident lawyer from Kash Legal has experience with this type of claim, and we can assist our clients in navigating the claims process in order to obtain the compensation they need. We are eager to provide a free consultation for you so that we can evaluate your case and tell you about the services we can offer throughout the process.

Los Angeles Truck Accident Lawyer
bakersfield semi truck accidents

Seeking Compensation After Being Injured in a Truck Accident

If you have been injured in an accident involving a commercial truck that was caused by the negligence of the truck driver or another party, California’s personal injury claims process is the avenue you will likely use to seek compensation for the expenses and impacts of your injury. The steps of this process are as follows:

Retain and Attorney and Investigate
Following your accident you hire an experienced Bakersfield truck accident attorney to assist you with your claim. You don't have to worry about how you are going to afford an attorney, because personal injury attorneys work on a contingent fee basis, which means you pay them after a successful resolution to your claim.
Your attorney conducts a thorough investigation of the accident in order to determine who is liable and the insurance resources that are available to compensate you.

Establish the Value of Your Claim and File
Once you've reached maximum medical improvement, your attorney will establish a value to your claim based on the severity of your injuries, the potential of lost earning capacity due to permanent disabilities you incurred in the accident, and other factors. Maximum medical improvement is the point in your recovery when you will likely make no further progress, even if you continue receiving treatment.
After this, your attorney files a claim with the at-fault party's insurer. If the truck accident was the fault of a truck driver who works as an independent contractor, they are the at-fault party and the claim is filed on their liability policy. If the driver is employed by a trucking company, the claim is generally filed against the company's policy.

Insurance Adjusters and Settlements
The insurance company assigns a claims adjuster to the claim. The adjuster evaluates the claim and decides whether to pay it in full, deny it and provide a reason for the denial to you and your attorney, or to offer to settle the claim out-of-court for less than its value.
Your attorney provides you with information and guidance to assist you in understanding what a reasonable settlement offer is for your claim. If the offer that has been made is not reasonable, your attorney can negotiate on your behalf to get the insurer to increase their offer.

The Possibility of Trial
If the insurer fails to compensate your claim, it can be filed as a personal injury lawsuit. Most Bakersfield truck accident claims must be filed within three years of the date on which the accident occurred. Settlement negotiations can continue, even as your attorney is preparing your case for trial.
If a settlement agreement has not been reached by the time your trial date arrives, your attorney will provide litigation services as they present your claim for a judge or jury, who will make decisions regarding liability and compensation. At the conclusion of your claim, your attorney will assist you in receiving your settlement or award and will be paid for their services.

What Makes Bakersfield Truck Accidents Claims Complex?

While many people attempt to navigate the personal injury claims process after a truck accident without an attorney, they are often quickly overwhelmed by the fast-talking high-powered claims adjusters and attorneys who work for trucking company insurers, as well as by the extensive amount of evidence that is often considered in a trucking accident claim. This evidence includes:

  • The truck driver’s electronic logs, that track the amount of hours that the driver has been on-duty without a break and can be helpful in proving a claim for an accident in which truck driver fatigue is involved.
  • The truck’s “black box,” which records how the driver was driving in the moments before the accident occurred, including the speed they were traveling and whether they braked before the collision.
  • The testimony of eyewitnesses and expert witnesses such as accident reconstruction specialists who can help the court understand how the accident took place.
  • The trucker’s personnel file, which includes the results of their latest DOT physical exam, proof of the completion of training required by the driver in order to obtain their CDL.
  • The results of drug and alcohol screenings that were performed after the accident.
  • The police report, which contains information the officer gleaned when investigating the accident.

Some of this evidence must be secured quickly after the accident so that it can be preserved for court. 

Furthermore, trucks are considered common carriers, which means they are held to a higher stand of care. Duty of care is crucial to personal injury claims because it’s the legal link that states the defendant owed the plaintiff a legal responsibility to do what a reasonable person would do in the situation to prevent causing harm. 

Common carriers are held to a higher standard of care because they’re performing a public service. When they breach their duty of care, they need to be held accountable. They were entrusted with the public’s safety and failed to meet the legally required standards. Common carrier companies and entities are quick to try and direct blame away from themselves, which is why truck accident victims benefit from the skills of a seasoned attorney. They can ensure you’re not taken advantage of during the claim process.

The Type of Injuries that Occur as a Result of Truck Accidents

Trucks need to be large in size and weight to transport their cargo. However, the same size and weight necessary to perform a public service are also incredibly dangerous. Many of the injuries suffered in truck accidents can cross into the catastrophic injury threshold because of the substantial physical, mental, emotional, and financial impact that truck accident injuries cause. Common injuries sustained in a truck accident include:

  • Amputations
  • Burn injuries
  • Spinal cord injuries
  • Head and brain injuries
  • Orthopedic injuries
  • Knee injuries

It’s always important to get medical help after an accident, but this is especially true when you’ve been injured in a truck accident. Getting an MRI, CT scan, and all the other tests are critical to ensuring there are no internal injuries that are getting worse by the minute. For instance, an MRI can detect any abnormalities with your ligaments and tendons. The sooner you know something is going on, the sooner your medical provider can address the issue.

Understanding the extent of your injuries is key to determining the value of your claim. If your injuries cross over into the catastrophic injury category your compensation award will be significantly larger.  

Reach Out to an Experienced Los Angeles Truck Accident Attorney Today

Contact Kash Legal for Assistance With Your Truck Accident Claim

The trucking industry is one of the most heavily regulated industries in the country, and for good reason. Because of the size and maneuverability issues of commercial trucks, an accident is far more likely to cause injuries to other roadway users than to the truck driver, and those injuries are often serious, catastrophic, or even fatal. Recovering from injuries and establishing routines in a life that has been drastically changed by an accident is difficult enough without adding a complex legal matter to the mix.

A Bakersfield truck accident attorney from Kash Legal can evaluate your claim for free and explore the options that are available to provide compensation for your injuries. For your free case evaluation, call us at (888) 527-4128 or fill out our contact form.


Our Clients Love Us

Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

Deanna S.Big Bear, CA

I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

Justin J.Broken Arrow, OK


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