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When truck accidents occur, they often leave devastation behind that pales in comparison to car accidents. These vehicles exert greater force upon impact due to their massive size and weight. There are more complexities involved than in an accident involving only passenger vehicles.
After a truck accident, you should work with a personal injury lawyer to help you navigate the legal process of a lawsuit.
Understanding Liability and Negligence
In every personal injury case, liability must be determined. California truck accident cases may involve more liable parties than the truck driver. An investigation might reveal that the trucking company neglected to maintain its fleet or that the vehicle manufacturer distributed a defective part. Many things need to be examined to prove negligence and liability in a truck accident.
How Federal and State Regulations Affect Your Lawsuit
The trucking industry has regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA) and and by the states. The regulations dictate hours of service, driver qualifications, maintenance requirements, securing cargo, and more. An experienced truck accident attorney will understand how regulations can help you build a strong case.
Factoring in Comparative Negligence
In California, comparative negligence is a factor in accidents. This means that if you are found to be partially at fault for causing the accident, your compensation will be reduced by your percentage of fault. Truck drivers and trucking companies are often protected by insurance companies who might argue that the accident is your fault to reduce their payout.
Differences in Trucking Insurance vs Ordinary Auto Insurance Policies
In order to legally operate, trucking companies and drivers must have proper insurance coverage. Truck insurance policies are much bigger than policies for passenger vehicles. There may also be multiple policies, which could mean they can provide greater coverage for your compensation. Naturally, they will strategize to prevent you from getting a larger payout but your attorney will know how to counter these actions.
Likelihood of Catastrophic Injuries
Truck accident injuries can be catastrophic in nature. Severe traumatic brain injuries, spinal cord injuries, and multiple fractures are common, and they will all require extensive medical care. You’ll need to think about your long-term care and rehabilitation as you recover. Your attorney will take this into account when preparing your truck accident lawsuit.
How a Personal Injury Attorney Can Help Your Truck Accident Lawsuit
There is no requirement in California that states you must hire a personal injury attorney. If you’re ever in a minor accident with another passenger vehicle and have no injuries, you may be able to handle your claim on your own. It is ill-advised to handle a lawsuit for a truck accident without legal representation.
An attorney will move quickly to start investigating your case and gathering evidence. They will also be sure to file your lawsuit within the two-year time limit of the statute of limitations and work to get you the compensation you deserve for your damages.
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