Truck accidents are dangerous, traumatic events that lead to severe and fatal injuries more often than other types of motor vehicle accidents. The size and weight of trucks create a large force during a collision that creates more property damage, more serious injuries, and a higher likelihood of fatality than accidents between cars and other passenger vehicles. According to the National Safety Council (NSC), approximately 70 percent of truck accident injuries and fatalities happen to occupants and drivers in other vehicles.
Truck accident victims often find themselves hospitalized for weeks because of their personal injuries, forcing them to take time off from work. Those lucky enough to live through a truck crash face high medical treatment costs on top of lost income. If you sustained injuries in a Lancaster truck accident, California law permits you to seek damages for the losses you incurred because of the truck accident and your injuries. An experienced Lancaster truck accident lawyer can help you through the legal process of seeking compensation for your injuries while you concentrate on healing and rehabilitation.
Truck accident claims often include multiple parties, complicating these claims. In many cases, the trucking company shares liability if their trucker caused an accident or experienced a personal injury. Even if a truck driver is 100 percent to blame for an accident, the trucking company might be involved in the case because they supply the insurance coverage. This situation is not as challenging when a trucker owns their rig, but it does create complexity when a trucker drives for a company. Here are three scenarios where a trucking company could be fully or partially liable for damages related to truck accident injuries.
Federal law requires trucking companies to keep their trucks roadworthy through regular inspections, preventative maintenance, and fixing known issues immediately. Truckers must also inspect their trucks before and after each trip. However, if a trucking company fails to provide adequate preventative maintenance or ignores known issues, they open themselves to liability if a truck breaks down at a critical moment and causes a traffic crash.
Even if a trucker has the appropriate license for the rig they are driving, they do not always have ample experience. Trucking companies have a legal obligation to hire experienced drivers or adequately train inexperienced drivers before sending them out on the road. Trucking companies must also train those responsible for loading trucks. Improper loading and improper securement can lead to dangerous truck accidents that often include multiple vehicles. Any time poor employment practices lead to an accident, a trucking company might be partially or fully liable for damages after a truck accident.
Federal law includes strict mandates about how many hours a truck driver can drive each day and each week. Most companies have transferred to electronic logbooks, making it difficult, if not impossible, to go beyond their legal hours. Yet, trucking companies that do not have electronic logs sometimes force their drivers to break federal law to meet their demanding schedules. If a trucker causes an accident while breaking HOS regulations, the trucking company might share liability for damages related to the accident.
Lancaster truck accident victims might receive various types of damages if they win their accident injury claim. Common damages in truck accident claims include compensation for:
Your Lancaster truck accident lawyer can evaluate your case and advise you on the damages that apply to your claim.
The time limit, legally referred to as the statute of limitations, for injured truck accident victims to bring a lawsuit against the trucker or trucking company who caused the accident is two years. You have two years from the date of the truck accident to file a lawsuit. The same statute of limitation applies if you have lost a loved one in a truck accident and wish to bring a wrongful death lawsuit against the at-fault party.
Even though you have some time to take legal action, it’s best to contact a Lancaster truck accident attorney soon after your accident to let them evaluate your case. If the lawyer finds you have a viable claim, they can begin work on your case right away. As time goes by, the quality of evidence can diminish, making it difficult to build a strong case for the court or leverage with the insurance companies. Witnesses move away, die, or their memory of the accident fades. Consulting with a lawyer quickly gives you a better chance to receive maximum compensation for your truck accident injuries.
Insurance companies take every measure possible to avoid paying the full amount of a claim and prefer not to pay out at all. Having an experienced Lancaster truck accident lawyer on your side to deal with shady insurance company tactics gives you the best chance of receiving maximum compensation for your truck accident injuries.
The skilled truck accident lawyers at Kash Legal have ample experience helping clients who have suffered injuries from negligence, including negligent truckers and trucking companies. Let us handle your claim while you focus on healing. Contact Kash Legal today by filling out our contact form or at (888) 527-4128 to discuss the details of your Fremont truck accident with one of our team members.
We will be in touch within 24 hours.
Request Police Report
© 2024 Kash Legal Group, All Rights Reserved.
