All vehicular accidents are dangerous. However, because commercial trucks are so much larger than passenger cars, victims of truck accidents often suffer catastrophic injuries.
If you have been hurt in a truck accident, a San Francisco truck accident lawyer can help you understand your options in detail. Below is a brief overview of legal options for accident victims.
Causes of Truck Accidents
Because commercial trucks have the potential to be very dangerous on the road, trucking companies and truck drivers must follow strict safety regulations. Despite that fact, truck accidents still happen fairly frequently. These are some of the most common causes:
- Driver fatigue
- Driving under the influence of drugs or alcohol
- Speeding
- Defective truck parts
- Poor vehicle maintenance
- Driving recklessly (especially in bad weather conditions)
- Incorrectly secured loads
- Loads exceeding the truck’s weight capacity
Driver fatigue is one of the most common causes of truck accidents. Some drivers may voluntarily skip the breaks mandated by law in order to make better time. But sometimes, a trucking company will pressure drivers to skip them, too.
What to Do After a Truck Accident
Truck crashes are terrifying experiences. If you’ve just been involved in a crash, you might be too stunned to know what to do in the immediate aftermath. However, if you are able, these are some of the steps to take after an accident.
Get to Safety
If possible, get yourself out of harm’s way. Even standing on the median or shoulder is better than being on the road.
Call 911
If you have your phone on you and are physically able to, call 911. This summons police (whose accident report will be a critical part of your truck accident claim) and emergency medical personnel.
Document the Scene
While you wait for the police and paramedics to arrive, exchange insurance information with the driver and take as many photos as you can of the accident scene, property damage, and your injuries. If you see anyone you think may have witnessed the crash, get their contact information.
Seek Medical Care
Paramedics will assess you at the scene. If they say you should go to the hospital, you should go even if you don’t think you’re badly injured. It’s very easy for the adrenaline rush of a life-threatening truck crash to mask pain, and even some very severe injuries don’t show symptoms right away.
Call a Lawyer for Truck Accident Victims
While at the accident scene, you should be very mindful of what you say. Don’t say anything that might be interpreted as an admission of fault, and don’t speak to the truck driver’s insurance company without talking to a lawyer first.
When you reach out to an attorney who handles truck accident cases, your initial consultation is free. If the lawyer takes your case, they will attempt to recover compensation for you.
Damages Available in Truck Accident Cases
Truck accident lawyers handle cases like yours on a regular basis, and they can tell you what damages you may be able to collect. “Damages” are compensation for losses you’ve suffered. They are divided into two main categories — economic damages and non-economic damages.
Economic damages compensate you for quantifiable losses like:
- Medical costs
- Lost income
- Loss of earning capacity (if you suffer a permanent disability)
- Cost to modify your home if you become disabled
Non-economic damages compensate you for losses you cannot necessarily quantify, including:
- Pain and suffering
- Disfigurement
- Lost enjoyment of life
- Emotional distress
It can be challenging to determine how much your case may be worth, but at your consultation, an attorney can look closely at your circumstances and give you an estimate.
Truck Accident Liability
Accidents between passenger cars are often fairly straightforward when it comes to liability. The same cannot be said for truck accidents. Many parties can be held liable.
The Truck Driver
In most cases, because the truck driver is behind the wheel, they are considered to be most at fault. However, they may share liability for your injuries with other parties.
The Trucking Company
If the trucking company violated safety laws or pressured its employees to, it may be partially at fault.
The Truck/Truck Parts Manufacturer
Unfortunately, some defective vehicles and vehicle parts slip by quality control. If your attorney can prove that the truck or one of its parts was defective and caused the crash, the manufacturer may be held liable.
The Owner of the Truck
If the owner of the truck does not keep up with maintenance and the truck malfunctions and causes an accident as a result, the owner may be partially at fault.
Loading Companies
Truck drivers do not load their own trucks. Loading companies are responsible for making sure cargo is loaded and secured in a way that won’t make the truck unstable.
Inspectors or Repair Shops
In some cases, a repair shop that completed a faulty repair or an inspector who certified a dangerous truck as safe may be found liable.
Your Rights as a Truck Accident Victim
If you have been seriously hurt in a truck accident, it’s easy to feel powerless. However, you have more rights than you may realize.
The Right to Document Evidence
If you have just been in a truck accident, you have the right to take photos and video to document the scene.
The Right to Medical Treatment
Even if you are unable to pay, you have the right to medical treatment after a serious injury. You may be able to benefit from government grants, hospital charity care programs, and other resources that help pay for medical care.
The Right to Access Police Reports and Other Evidence
You and your legal team have the right to recover witness statements, police reports, and any other pieces of evidence that may help build your case.
The Right to Pursue Compensation
While there is no way to guarantee that you will successfully recover damages, you have the right to attempt to recover compensation for your physical injuries as well as pain and suffering and other intangible losses.
Truck Defects and Legal Options
Many people who consult an attorney for truck accident victims don’t realize that when it comes to crashes caused by truck defects, legal options are more extensive than they might think. California is one of several states that recognize strict liability claims when it comes to injuries sustained because of a defective product.
With a strict liability claim, a victim does not have to prove the manufacturer was negligent. If the victim’s legal team can prove that a particular truck part was defective and the part caused the victim’s injury, the manufacturer can be held liable.
How to Prove Liability in a Truck Accident
If a truck accident lawyer in San Francisco takes your case, they will begin assembling evidence to prove the truck driver (and any other at-fault parties) was negligent. Your lawyer must prove the four elements of negligence.
The Driver Had a Duty of Care
Every driver on the road has a duty of care to other drivers. They are obligated to obey traffic laws, not drive while distracted or under the influence, and make every effort to drive safely.
They Breached That Duty
Any time a truck driver drives while fatigued, speeds, drives recklessly or otherwise breaks traffic laws, they put others at risk — and violate their duty of care.
The Breach of Duty Caused Your Injuries
Drivers breach the duty of care on a regular basis, but it doesn’t always result in harm. In your truck accident case, your lawyer must prove that the truck driver’s breach of the duty of care directly caused your injuries.
In many cases, this is simpler to prove than it sounds. For example, if a CCTV camera captures a video of a truck speeding and then hitting your car, that video will show the breach of the duty of care (speeding) and illustrate how it led to your injuries.
You Have Damages to Collect as a Result
For a truck accident case to be worthwhile, you must have evidence of losses that you deserve compensation for. These losses can include medical bills, lost income, physical pain, and more.
The Legal Process for Filing a Claim After a Truck Accident
For many people, a truck accident case is the first time they have interacted with the legal system. That can be very confusing, but this overview of the steps in the truck accident claim process might help.
You Consult With an Attorney
This is the first step in any truck accident case. When you schedule a free consultation, an attorney can help you determine whether filing a truck accident lawsuit is a good idea.
Investigation and Filing the Lawsuit
Next, your lawyer will dig into the circumstances of the accident, gathering enough evidence to form a convincing case against the at-fault driver.
Negotiation
Once the lawsuit has been filed, your legal team will attempt to negotiate a settlement with the trucker’s insurance company. Most truck accident cases are settled out of court because it lets both sides avoid the time, stress, and cost of a trial.
Arguing Your Case in Court
In rare cases, it may prove impossible to reach a settlement. In this case, your attorney and attorneys for the trucker’s insurance company will argue the case in court, and a judge (and possibly a jury) will determine the outcome.
The Importance of Hiring a Truck Accident Attorney
Once you have sought medical care and your condition has stabilized, the best thing you can do for yourself is to seek out experienced legal representation for truck accident victims. If a negligent truck driver, trucking company, or manufacturer caused your accident, they should be held responsible.
You also deserve compensation to cover your medical expenses and help you support yourself as you recover.
At Delfino Green & Green, we have been fighting for the rights of injured people for more than three decades. We take the time to get to know you as more than just a case, and we’re here to support you as you heal. If you’re looking for the best truck accident attorney in San Francisco, call us to set up your free consultation today.
FAQ
Who Is Liable for Truck Accidents?
Often, truck drivers are responsible, but that isn’t always the case. If a truck part was defective and caused the crash, the manufacturer may be liable. If the truck company failed to conduct proper vehicle maintenance or pressured the trucker to skip mandatory breaks, it may be partially at fault as well.
How Can a Truck Accident Lawyer Help Me?
If you have been hurt in a trucking accident you didn’t cause, an attorney may be able to investigate your case and attempt to negotiate a settlement with the truck driver’s insurance company. If the insurance company refuses to settle, your lawyer may argue your case in court.
How Do I Know if the Truck Driver Who Hit Me Was Negligent?
In order to have a successful semi-accident lawsuit, you must be able to prove the truck driver was negligent. Truck accident attorneys in San Francisco can investigate your case and determine whether the trucker or trucking company was negligent.
How Long Do I Have to Sue After a Truck Accident?
In California, you have two years from the date of the accident to file a truck accident claim. However, to ensure your lawyer has enough time to build a strong case, you should set up a consultation as soon as possible.
What Should I Bring to My Consultation With an Attorney?
When you have your free consultation with a San Francisco personal injury and truck accident attorney, you should bring all the documentation you have. That often includes accident reports, medical bills, proof of lost income, and anything else related to the accident.