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Truck drivers across all industries are trained to follow stricter driving rules in order to keep everyone on the road safe. Even the safest truck drivers can be involved in accidents, whether they stem from weather conditions, unsafe driving practices, or unpredictable acts of nature. If you have been involved in a collision, a Rancho Cucamonga truck accident lawyer can help you build a strong case for compensation.
Trucks are often the larger of the vehicles involved in a collision, meaning damages done to another driver’s property or body are typically more significant. However, the fault must be identified to determine who is liable. A truck accident lawyer from the Law Offices of Christian J. Amendt can look at the facts of your personal injury case and help you determine what sort of compensation you are eligible to receive.
Accidents that occur on the road incur two general types of damages: property damage for vehicles and personal injury losses. Due to the sheer size of a truck and the likelihood that the accident will involve a much smaller vehicle, there will likely be extensive damages in truck accident cases.
A truck accident lawyer can assist in proving liability for other parties and establish you as a safe, law-abiding driver. In doing so, an accident attorney can:
Damages are determined by a number of factors, including:
California determines compensation by using a pure comparative negligence rule, which allows a person who is partially at fault for an accident to collect damages. However, the more fault you contributed toward the accident, the lesser percentage of compensation you will receive. For example, if you are found to be 80% at fault for the accident, you can only collect 20% of the damages you requested for it.
Fault can be difficult to prove without proper legal counsel. If you lack sufficient evidence for your claim, more fault may be attributed to you than is true, causing you to receive less compensation than you deserve.
Due to the size and power of the vehicles involved, truck accidents are more likely to result in personal injury claims. Insurance policies typically cover up to a certain amount in bodily injury damages, but companies may try to avoid paying exorbitant fees.
A truck accident lawyer should be familiar with the specific insurance laws of your state and be able to successfully defend against predatory insurance companies. Some things they may consider when estimating personal injury losses in Rancho Cucamonga are:
Immediately after your accident, move your vehicle to the side of the road and examine all parties for injuries. Contact local law enforcement when there are significant property damages or serious bodily injuries to either party. Document the collision scene as thoroughly as possible. Pictures and videos are especially helpful when putting together a claim.
Seek medical attention from a healthcare provider to assess any underlying injuries. Some injuries take time to manifest, but they can still be included in a personal injury claim if they are directly caused by the accident.
You must report the accident to your insurance company within ten days. However, you are allowed more time to file a claim with your insurance company for property damages and personal injury. The statute of limitations for a personal injury claim is two years from the date of the accident or from when you discovered the injury. Property damage claims have a strict statute of limitations of three years from the date of the accident.
Finding a truck accident attorney early on can keep you on track to file successful claims in a timely manner. An accident lawyer can show you the most efficient way to gather evidence and share the burden of building your case while you focus on recovering from the damages.
The statute of limitations on truck accidents in California is either two years or three years, depending on what you are filing a claim for. If you have been injured in your accident, a personal injury claim must be filed within two years of the injury. Property damage claims must be made within three years of the collision. It is necessary to file within these timelines, or else you risk having your case dismissed entirely.
In California, all cars are required to have an insurance policy that covers, at a minimum:
Drivers may elect to pay more in insurance fees for policies that cover more in damages.
It is difficult to estimate how much most truck accident settlements are. Accidents can be estimated on a case-by-case basis by looking at the extent of injuries, cost of the damage, liability by all parties, and medical fees. In California, attorneys may charge a contingency fee for their services, taking a percentage of your payout if your claims are successful in court.
Truck drivers can be fired for accidents, but that is not always the case. Truck drivers may be able to retain their jobs if they were not at fault for the accident, so it is important to have strong legal representation and adequate documentation of the scene. A capable attorney should be able to look at the evidence surrounding your case and build a compelling case that proves the other driver is liable.
To learn more about what a Rancho Cucamonga truck accident lawyer can do for you, contact the Law Offices of Christian J. Amendt today to schedule your consultation.