Bakersfield drivers aren’t surprised by much on local roads anymore. They’ve seen just about everything by now including some wild and dangerous driving. They’ve also probably navigated around many giant transport trucks and even huge farming equipment as they venture onto the rural roads surrounding Bakersfield.
Large, heavy trucks and vans keep our thriving agricultural and manufacturing industries running, but they also create unique hazards on streets and along highways. You can travel Highway 99 at any hour and find a double-tractor trailer in your path, veering in and out of its lane. You can also encounter a huge farm tractor moving across a two-lane rural highway. These encounters carry risks for you and your passengers and the consequences of a collision can be devastating.
Finding Help for Bakersfield Victims After Truck Accidents
If you or a loved one are the victims of a serious accident involving a large truck, van, or tractor, it’s important to know what you’ll be facing in recovery. The at-fault truck driver may maintain personal car insurance to help victims after accidents. The company or farm that employs the driver may also share liability in your accident and be held accountable.
There may be several insurance companies that should contribute to your recovery. However, insurance adjusters won’t give up compensation easily, even when the fault in the accident is clear. That’s why it’s important to talk to a legal expert to make sure you know your rights as a victim.
Maison Law of Bakersfield offers all injury victims a free case strategy session to discuss their options after a collision. You’ll learn how to protect yourself from insurance tactics meant to rob you of the compensation your family will need in recovery. This consultation comes with no obligation. If you choose to have us represent your claim, you won’t pay us unless we win your case.
How Maison Law Helps Bakersfield Truck Accident Victims
As Bakersfield is becoming one of the most rapidly growing cities in California’s southern Central Valley, more and more trucks are taking to Bakersfield’s interstates and inner city roads. This exponential growth in Bakersfield is great for the community; however, the downside is that drivers in Bakersfield are at a higher risk of getting into a truck accident.
If you’ve found yourself in the unfortunate situation of being involved in a truck accident, it is recommended to consult with an attorney at Maison Law if the following scenarios occur:
- There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. Maison Law can ensure both.
- Wrongful death: If a loved one has passed away due to the accident, you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the truck accident, but are not at fault, our attorneys can protect you and assign liability to the at-fault parties. Maison Law can also minimize liability if you are found at fault.
- Liability: If you’re concerned about your liability limits, insurance status, or lack of insurance, Maison Law can help you, even in difficult situations.
- Multiple parties involved: Multiple parties make cases complex. Maison Law can manage the legalities with multiple parties, and your best interests are protected against everyone involved.
- False police report: If a police report places blame on you, and you disagree, we will gather evidence to support your claim.
What to Do After a Bakersfield Truck Accident
A truck accident can be life-altering. If you’re involved in an event as traumatic as a truck accident, it can be tough to think straight and know what you’re supposed to do next. We’ve provided you with the following steps to protect your rights and begin building your case:
- Seek medical attention immediately: Even if your injuries seem minor (which is unlikely in a truck accident), they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor to make sure everything is okay.
- Call the Bakersfield Police: Failing to alert the police does not help your case, especially if the case comes down to your word over the truck driver. A police officer will file an accident report and may even assign blame based on their collision assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the damage to your car, to the truck, your injuries, skid marks on the road, and street signs or landmarks. Take a video of yourself recounting the accident while it is still fresh in your mind. And if there are any eyewitnesses, be sure to get their names and numbers as they can testify on your behalf or provide a statement to corroborate your story.
- Collect Information: Exchange insurance information with the driver, and be sure to get their name, phone number, and contact information.
- Contact Maison Law: Our firm is standing by to help truck accident victims in Bakersfield physically and financially recover. Call, text, or email. Our door is always open to the Bakersfield community, and we’d love to help you through this difficult time.
Who Can Be Held Accountable for My Truck Accident?
Truck accident cases can be complex because they might involve several at-fault parties. Injured victims can’t afford to let anyone off the hook who may share in the liability for a collision.
If one party’s insurance has a limit on what the policy will contribute, you may have to turn to another party’s coverage to get reimbursed for every medical cost you’ve absorbed while recovering. Otherwise, those costs come out of your pocket.
These are a few of the parties that you may be able to request support from:
- Truck Driver’s Auto Insurance – The driver’s own insurance may be the first place to start when seeking support.
- Local Trucking Company’s Insurance — The driver may own a small, local trucking company or work for one. The company will have to have liability insurance.
- National Trucking Corporation’s Insurance — The driver may be on the clock for a national company. The national company may also be contracting work out to a local company’s driver. Your personal injury attorney makes sure your rights are protected when corporate lawyers and insurance agents get involved and attempt to discredit your accident and your injury.
- Farm or Agricultural Company’s Insurance – If your accident is with a piece of equipment from a local farm, the local owner or the corporate owner of that farm should share in your injury recovery costs.
- Truck or Tractor Manufacturer’s Insurance – If the accident was caused by the malfunction of a part on the truck or tractor, the vehicle’s maker will share in liability. Truck maintenance records can also be checked to see if regular check-ups were ignored. This adds further responsibility for the trucking company required to maintain safe vehicles.
- Another Driver’s Auto Insurance – When motorists’ actions trying to get around a large truck cause your accident, you can call upon their insurance for help. You may still be able to hold the trucking company involved liable as well.
What Can I Earn Compensation for After an Accident?
With so many parties potentially sharing the blame for your accident, there will also be just as many insurance adjusters trying to cast doubt on your insurance claim.
It’s important for victims to file a claim for damages backed by strong evidence so that insurance providers have a difficult time disproving your claim. A personal injury attorney will ensure that all evidence available is included in your claim. Your attorney will also be listing off every hardship you’ve faced in recovery. Including some factors you may not have thought to include.
These are a few of the things that should be covered in any insurance settlement you agree to:
- Hospital and rehabilitation expenses. This would include the cost of any care expected to be required in the future.
- Earnings you’ve lost while missing work.
- Costs associated with a permanent physical disability such as a limp, loss of a limb, loss of mobility, or a loss of brain function.
- Emotional and physical anguish. A claim might earn you money for the pain you’ve endured. You may also experience a loss of enjoyment of life while dealing with your injury. Counseling and psychological service costs should be included to help cope with the anxiety and depression that can follow a scary collision.
- Travel costs for the many doctor’s appointments you must attend and any potential visits to specialists who don’t work in Bakersfield or are located out of state.
- Damage or destruction of property.
Filing a Lawsuit Against Independent Contractor Truck Drivers in Bakersfield
When determining liability between the truck driver and the truck company, their relationship to one another must be clearly understood. You will need to establish if the independently contracted driver was acting within the scope of employment at the time of the accident. Also, the company would have to specify the driver as an independent contractor in writing. Failure to identify an employee as an independent contractor would potentially make the company liable for the truck driver’s actions. Other liability factors to be considered include:
- The level of control the trucking company has over the driver’s work
- The type of work the driver was hired to do
- The truck driver’s employment history
- The truck driver’s intent
- The nature of the accident and where it occurred
- The expectations the company had for the driver
As you can see, truck accidents can become complicated fast. To help you manage your truck accident claim, the Truck Accident Lawyers at Maison Law are here to answer all your questions free of charge and file a claim against the trucking company on your behalf.
How an Insurance Policy Affects a Bakersfield Truck Accident Injury Settlement
When it comes to truck accident claims in Bakersfield, understanding the role of insurance policies is crucial. Insurance serves as a means to protect accident victims from financial loss in the event of accidents or unforeseen circumstances. Their primary role is to assess claims, investigate liability, and determine the appropriate compensation based on policy coverage and legal requirements. An insurance policy can impact a final settlement amount based on the following factors:
- Comprehensive and Collision Coverage: Comprehensive or collision coverage covers the costs of repairs or replacement of a vehicle, regardless of who was at fault.
- Uninsured/Underinsured Motorist Coverage: If the liable driver (the driver who caused the accident) has no insurance or insufficient coverage, your uninsured/underinsured policy can step in and cover the losses.
- Liability Insurance: This insurance is required in California and covers the other party’s damages when the insured is at fault. The state minimum liability coverage according to the California DMV is $15,000 per person for those injured, $30,000 per accident, and $5,000 for property damage.
- No Injury Cases: in cases where no one sustained any injuries, the final settlement will be determined by the property damages, as well as other expenses such as repairs and rental care fees.
Bakersfield Truck Accident Dangers
Just a visual inspection of these large trucks and pieces of machinery gives you a good idea of why they can be so dangerous in traffic. A semi-truck without a trailer can weigh around 25,000 pounds and adding a fully loaded tractor-trailer increases the load to 80,000 pounds.
At these weights, trucks need a much greater distance to come to a full stop. Of course, collisions with heavy trucks carry many times the force of an impact when compared to a car or SUV.
As with tractor-trailers, the shape of farm machinery and tractors often contribute to the severity of injuries seen in crashes. Cars and SUVs can end up under a tractor-trailer, or under pull-behinds on farm equipment, often putting victims at risk of coming into contact with sharp blades and metal points.
There’s also the traffic disruption that farm vehicles can cause. Accidents often occur as drivers try to get around slow-moving machines. In their haste, motorists can end up in the path of other vehicles trying to navigate the same obstacle.
Contact a Bakersfield Truck Accident Lawyer
After a frightening accident with a heavy truck, van, or piece of machinery, please contact a local truck accident attorney serving Bakersfield. Insurance providers for companies and corporations aren’t required to tell victims about everything available to them. Your personal injury attorney will make sure you know exactly what should be provided to you as you heal.
Contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should be allowed to heal physically, emotionally, and financially without worry over hospital bills and lost paychecks. Those responsible for collisions should never escape accountability for accidents and injuries.
