Every day in El Cajon, there are delivery trucks and commercial tractor-trailers present on local roadways, delivering the goods that residents and visitors use in their daily lives. While the deliveries these trucks make are vital to the city and its residents' ability to function, these are massive vehicles that feature a number of hazards for other roadway users. When an accident involves a truck, it is not unusual for severe or even catastrophic injuries to occur, and the majority of those injuries are to the occupants of other vehicles and other users of the roadway, such as bicyclists and pedestrians.
Those who have been injured in truck accidents in El Cajon that were the result of someone else's negligence can seek compensation for the expenses and impacts of their injury through California's personal injury claims process. However, because the trucking industry is among the most regulated industries in the nation and there are numerous documentary requirements for truck drivers and the companies they work for, the claims process for a truck accident can often be extremely complex. An experienced El Cajon truck accident lawyer has a valuable role to play in a successful truck accident claim.
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A fully-loaded semi-truck is many times the height and weight of other vehicles on the roadway, leading to maneuverability issues such as wide turns, an increased stopping distance, extensive blind spots, and a propensity to roll over when negotiating sharp corners and curves, particularly with an imbalanced load. When a truck driver or a trucking company violates federal regulations and that violation results in an accident, the truck driver — if they are an owner/operator — or the trucking company that employs the driver can be liable for compensating the injuries caused to others. They can also be liable if the driver commits a traffic infraction, such as failure to yield, or speeding. However, it’s important to remember that there can be other sources of liability for a truck accident as well, including the drivers of other vehicles or even the manufacturers of auto parts used on any of the vehicles.
The personal injury claims process often begins when the injured party’s attorney performs an extensive investigation of the accident in order to determine all sources of liability and the relevant liability insurance policies they have that can be accessed in order to provide the claimant with compensation. The truck accident attorney will also value the claim based on factors such as the availability of insurance, the severity of the injury, and the out-of-pocket expenses encountered by the claimant. Once the claim’s value has been established, the truck accident attorney will file it against the at-fault party’s insurance policy.
The insurance provider who services the policy will evaluate the claim in order to determine if their insured was liable, and the amount of compensation owed to the claimant. The claim can be accepted or denied, or the provider can offer to settle it out of court for less than its value. If the at-fault party’s insurance provider fails to compensate the claim either through outright payment or a negotiated settlement, it can be filed as a personal injury lawsuit in order for the court to hear the case, determine whether liability has been proven, and how much compensation the claimant is entitled to receive.
El Cajon truck accident claimants generally have two years from the date of their injury to file their claim in court. Failing to file the claim within this statutory deadline will generally result in the loss of the claimant’s right to use the court process when seeking compensation. An experienced truck accident lawyer will manage the timing and workflow of the claim to ensure that this important right is not lost.
Because of the many regulations placed on commercial truck drivers, truck accident claims often require a truck accident attorney and their legal team to look through a lot of potential evidence. In addition to evidence that is commonly used in any type of traffic accident claim, such as photographs of the accident scene and the damage to vehicles, and the police report, the type of potential evidence that is unique to a truck accident claim includes:
Claimants will also be required to show documentation that justifies the value of the claim, such as bills for medical treatment or vehicle repair, medical records indicating the level of pain that the claimant experienced due to their injuries, and testimony from medical professionals who can speak to what the typical experience is for patients suffering from injuries that are similar to the claimants.
Truck accidents not only feature some of the most serious injuries a person can survive, but also an extensive amount of documents to obtain from the at-fault party and consider as potential evidence for the claim. An experienced truck accident lawyer from Kash Legal not only has the experience needed to understand how to obtain this evidence, but how to use the evidence in order to help the insurance provider or court understand the expenses and impacts their client has endured.
If you were injured in a truck accident in El Cajon, let our truck accident attorney evaluate your case for free and explore your legal options for obtaining compensation. Contact us online or by calling (888) 527-4128.
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