If you have been in a truck accident, getting the compensation you deserve requires following some key steps, ideally with an experienced truck attorney guiding you. Truck accidents are not as straightforward as vehicle accidents, mainly due to intricate trucking industry standards and state regulations governing their use on California roadways. This blog is designed to help you understand the process.
Steps to Securing Compensation Following a Truck Accident
Filing a Claim: Your attorney will assist in filing a compensation claim with your insurance company. You must provide specific details about how the accident happened, the known physical injuries you suffered, and damages to your vehicle and other property.- Documenting the Accident: Collecting all available evidence is crucial. Additionally, the collection of evidence that is not so readily available may require a private investigator, which your attorney will have access to. Examples of evidence include police reports, photos, witness statements, and medical records. Comprehensive documentation supporting your claim can help prove the other party’s fault.
- Proving Fault: Establishing the truck driver’s or trucking company’s negligence is essential. This may involve gathering evidence such as driving logs, maintenance records, and any existing citations and violations of safety regulations.
- Negotiating with Insurance: Insurance companies often propose settlements, but these initial offers are almost always lower than you deserve and the law says you are entitled to. But how do you know? This is precisely where it is crucial to have a skilled lawyer, experienced in capturing maximum settlements, on your side from the start.
- Considering a Lawsuit: If a settlement cannot be reached through negotiations, filing a personal injury lawsuit may be the only option. This step involves formally filing a legal complaint against the responsible party or parties and possibly going to trial.
Making sure you understand the steps above will work in your favor. However, truck accident claims can become complicated, fast. Calling a skilled attorney before starting this process ensures it’s getting done right – the first time.
The next section describes the categories of compensation that you may be entitled to. Your attorney can explain each one in detail. We offer free, no-obligation consultations to answer any questions you have before you hire us.
Types of Compensation You May Be Entitled to After a Truck Accident
- Economic Damages: Quantifiable losses such as medical expenses, lost wages, and property damage are considered economic damages. They are relatively straightforward to calculate and include the out-of-pocket costs the accident has caused you.
- Non-Economic Damages: Intangible losses that do not carry a straightforward monetary cost, such as pain and suffering, emotional distress, and loss of enjoyment of life, would fall under non-economic damages. As you can imagine, calculating non-economic damages can be tricky. In general, California does not impose limits on non-economic damages in personal injury cases, such as truck vs. vehicle accidents.
- Punitive Damages: Damages awarded to the victim imposed as punishment for severely negligent actions are called punitive damages. Examples include gross negligence or intentional harm. Punitive damages are also designed to deter similar behavior from happening again. These types of damages are less common but often substantial.
- Wrongful Death Claims: Family members who have lost a loved one in a truck accident may be able to pursue a wrongful death claim to recover damages. The damages that may be awarded included economic, non-economic, and punitive.
Legal Assistance to Get the Compensation You Deserve After a Truck Accident
Hiring an experienced truck accident attorney can make all the difference in securing a fair settlement that includes everything you are entitled to by law. An experienced lawyer will lead you through the complex legal process, ensure deadlines are met, collect all evidence and other documentation, and negotiate with insurance companies.
If your case goes to a jury trial, your attorney will ensure you are fully prepared and always prioritize your best interests.
Call Eason & Tambornini at (916) 438-1819 to schedule a free consultation. Our truck accident attorneys in Sacramento work on a contingency basis, so you pay nothing until and unless you win a settlement.
