What If a Truck Company Causes a Serious Accident to Occur?

Posted on November 7, 2015 by bermanstaff

Truck accidents in California cause a significant number of injuries and deaths every year. In fact, in the year 2013, the California Highway Patrol reported that there were 256 fatal truck collisions in the state, and an additional 5,290 injury truck collisions. Many trucking accidents are caused as a result of a trucking company’s negligence. When a trucking company causes a serious accident, the victims of that accident have the right to seek compensation for injuries.

Understand Truck Company Negligence

In order to file a claim against a trucking company for damages, you will have to prove that the trucking company acted negligently, and that this negligence was the direct cause of the accident.

A truck accident can be caused by a variety of irresponsible acts. For example, the following are possible cases of trucking company negligence:

  • Failing to maintain a vehicle to state or federal standards, resulting in an accident;
  • Hiring a driver with a poor driving record (history of drunk driving, reckless driving, speeding, etc.);
  • Failing to properly secure or double-check a cargo load;
  • Overworking a driver past federal hours of service limits;
  • Employing a negligent driver; or
  • Failing to properly train an employee.

If any of the above were the cause of your accident that resulted in injuries, the trucking company involved may be held liable.

Prove Damages You Have Suffered

In addition to proving negligence, you will also have to prove damages. Truck accidents caused by truck company negligence can cause devastating injuries. In addition to vehicle damage, a person involve in a truck accident may also suffer from crippling medical bills, loss of wages from being unable to return to work, painful injuries, and severe scarring and disfigurement. In the most traumatic of cases, a truck accident can result in death.

California is an at-fault car insurance state. As such, even if you have not suffered injuries that are severe, you still have the right to pursue a claim against the at-fault driver’s insurance company or directly against the at-fault driver. If you can prove negligence and damages, you may be able to recover compensation for all economic and non-economic losses.

Collect Evidence to Support Your Claim

To help you to prove both negligence and damages, you will need to collect evidence. You can use any and all types of evidence that are relevant to supporting your claim. These can include truck driver logs, a truck’s electronic control module data, witness testimony, truck maintenance logs, police reports, video footage, and physical evidence from the accident scene. An attorney can help you to gather the right type of evidence, and present it in order to support your claim and recover damages.

Take Action Before It Is Too Late

The statute of limitations for filing a personal injury claim after a truck accident is two years. Before time runs out and your right to file a civil action expires, consult with the experienced San Diego truck accident attorneys at Berman & Riedel, LLP. You can reach us today by calling 858-350-8855.

About Berman & Riedel, LLP firm managing partner attorney William M. Berman:

Attorney William M. Berman focuses his practice in the areas of catastrophic personal injury, wrongful death and elder abuse and neglect. Strictly a plaintiffs’ dedicated firm, he never represents insurance companies in the defense of claims. Mr. Berman’s firm remains staunchly committed to helping those who have suffered serious injury or loss due the negligence, intentional misconduct or wrongful acts of others. Mr. Berman has grown his firm to what is considered one of the largest and most successful elder abuse/neglect practices within California. Through his continued successes in handling claims involving nursing home and elder abuse and neglect, Mr. Berman remains a prominent figure in advocating on behalf of this vulnerable class of citizens.
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Frequently Asked Questions

Below are answers to common questions people have about personal injury cases and working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.

How Much Does It Cost to Hire a Personal Injury Attorney?

The attorneys at Berman & Riedel, LLP, accept cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.

You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.

Can You Tell Me How Much My Case Is Worth?

There is no way to determine the exact value of a personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.

There are many factors that may influence the value of your case, such as:

  • Your total financial or economic damages
  • The severity of your injuries
  • The impact of your injuries on your daily life
  • The strength of your case
  • Whether you share fault for your accident
  • Insurance policy limits 

Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs; however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate. 

If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.

During your consultation, and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.

Will My Case Go to Trial?

The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.

An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.

How Do I Know If I Need a Personal Injury Lawyer?

If your case involves mostly property damage or minor injuries, you likely do not need a lawyer to handle a claim with the insurance company. The more serious your injuries, or the more complex your case, the more important it becomes to seek experienced legal counsel.

Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for your accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.

Legal representation is also vital if your case involves a complex area of law such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.

Do You Accept Cases Outside of San Diego?

While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.


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