Getting into a traffic accident is never fun or easy to deal with. But the challenge level can go up a few notches if it involves an 18-wheeler or other large commercial truck. Injuries are potentially more serious, and getting any sort of recovery can often take longer and involve more insurance companies and red tape.
Thankfully, there are truck accident lawyers, such as those from Maison Law that can help you through this difficult process. Whether it’s getting your car repaired, medical bills reimbursed, and/or lost income replaced, we can help you recover the compensation you deserve. Our Long Beach personal injury lawyers can provide assistance while you navigate this challenging time. Contact us to schedule a free consultation and learn more about your legal options.
The Different Causes of Truck Accidents
A lot of truck accidents occur each year in the United States. For example, in 2020, more than 10% of all fatal accidents in the United States involved trucks. One reason for this high fatality rate is because of how these accidents take place. Some of the most common types of truck accidents include:
- Rear-end collisions: This accident involves a truck running into the back of another vehicle or another vehicle running into the back of a truck.
- Jackknife crashes: Usually exclusive to big rigs, a jackknife occurs when the trailer swings out towards the front of the truck to create a “jackknife” shape. These can be particularly dangerous when the trailer swings out far enough to exceed a 90-degree angle.
- T-bone impacts: This occurs when the truck hits another vehicle at a 90-degree angle, resulting in a side-impact accident and catastrophic damage to the non-truck vehicle.
- Rollover accidents: In some cases, a truck will lose control such that it flips over onto its side or roof. This can occur if the truck is going too fast for conditions, makes a sharp turn, or its cargo has been improperly loaded.
- Underride crashes: These are among the most deadly for regular vehicles because they slide under the trailer, causing the bottom edge of the trailer to smash into the windshield area of the smaller vehicle where there’s little crash protection.
Things You Should Do After a Truck Accident
Below is a list of things you should do if you or someone you love has been in a truck accident. These are important because they not only protect your legal rights, but also your well-being.
Check for Injuries
This is the first and most important thing to do right after a truck accident. Just keep in mind that not all injuries will be immediately known. When in doubt, err on the side of caution by assuming that feeling of discomfort or that “off” sensation is an injury and see a doctor.
Contact the Police
Call 9-1-1 if there are known injuries. If there are no injuries, another option is to call the non-emergency number for the local police or California Highway Patrol.
It’s important to contact the police even without injuries because you’ll want a police report for the accident. This can be crucial evidence in the future if there are disputes during the insurance settlement process or you end up in court.
Seek Medical Attention
Assuming you’re injured (or suspect you’re injured), get medical attention as soon as possible. Even minor injuries can turn into more serious ones later, and it’s good to confirm with a doctor that you’re getting the treatment you need (or that no treatment is necessary).
Collect Evidence
If possible, do as much of this as you can at the scene of the accident. Get names and contact information for anyone involved or who saw what happened. Take pictures of vehicle damage, skid marks, weather conditions, and any other signs of damage from the collision.
Gather Insurance Information
If you haven’t already done this as part of the evidence collection process, be sure to get the insurance information from the other driver(s). Ideally, you’ll want their name, contact information, and car insurance information.
Contact a Truck Accident Personal Injury Attorney
A personal injury lawyer with experience handling truck crash cases will know what questions to ask and the information that’s important for determining your rights during the insurance settlement process. If this settlement process is unable to fully compensate you for your losses, your attorney can determine your legal rights and what your next steps should be.
Who Can I Sue if I’m in a Truck Accident?
If you’re hurt in a truck accident and have to take legal action, there are several potential defendants you may have to sue.
The Truck Driver
If the truck driver had any role in causing the accident, you’ll need to bring them into the lawsuit. This is especially true if they’re an independent contractor and not associated with a trucking company. However, if they’re employed by a trucking company (and this company is who ultimately ends up paying out any damages), you might still want to sue the driver depending on the facts of your case.
The Truck Company
Assuming the truck driver is an employee of a truck company, the truck company will likely be the primary defendant in your lawsuit. Even if the cause of the accident is 100% the result of a driver’s mistake, the legal concept of respondeat superior holds certain employers vicariously liable for the wrongful acts of their employees. For instance, if the truck driver was drunk when they wrecked, the employer might be liable if they knew this driver had a history of drunk driving, but hired them anyway.
Third Parties
Many traffic crashes have multiple causes. This can include a government agency being negligent with road maintenance, a contractor failing to properly maintain the roads, and/or another driver triggering the accident when they were texting while driving.
In this example, the government agency, road maintenance contractor, and the other driver could all be potential defendants in a truck accident lawsuit.
Damages You Can Potentially Recover Following a Truck Crash
In California, you can collect special damages (economic damages), non-economic damages, and punitive damages.
Economic Damages
Also known as special damages, this is compensation for financial losses you suffer as a result of the accident. Economic damages are typically used for:
- Lost income
- Property repair bills and replacement costs
- Past and future medical expenses
Non-Economic Damages
These are qualitative damages that are inherently subjective. Examples of non-economic damages include:
- Extreme stress and/or anxiety
- Emotional distress
- Pain and suffering
- Loss of consortium
Punitive Damages
If the truck accident was the result of a defendant’s reprehensible conduct, then punitive damages could be awarded. The goal of punitive damages isn’t to make you whole, but instead, punish the defendant and set an example for others. Punitive damages are usually only awarded in rare cases where the defendant acted intentionally, recklessly, or was grossly negligent.
When Truck Accident Victims Should Hire an Attorney
Not all truck accident cases will require an attorney, but most will. This is because of how complicated these cases can be from an insurance, fact, and legal perspective. There’s also often a lot of money on the line, so there’s more incentive for insurance and truck companies to low-ball you whenever possible.
So how do you know if you need to hire a lawyer? You should assume you need legal representation if one or more of the following circumstances apply to your case.
Insurance Questions
Many insurance companies will delay payouts or wrongfully deny coverage. Sometimes this is on purpose, and other times it’s because they’re bogged down processing claims. Whatever the reason, a lawyer can often help with claims and the payout process.
Disputed Liability
If the responsible person or company won’t admit to wrongdoing, you may need to expect a drawn-out investigative process and the potential for litigation.
You Were Badly Hurt
Serious injuries often result in hefty medical treatment and recovery bills. This increases the likelihood of an insurance company or responsible party refusing to fully compensate you for your injuries or delaying payment. And if someone died, a wrongful death claim can dramatically increase the amount of recovery and how hard a trucking or insurance company might fight your claims.
There are Numerous At-Fault Parties
The more potential defendants, the more complex a case can get. There could be complicated facts and joint liability issues, so having a lawyer can be critical for protecting your right to recovery.
Maison Law Can Help If You’ve Been in a Tractor Trailer Accident
Don’t wait to reach out to Maison Law to represent you in your Long Beach truck accident case. Waiting too long could mean losing certain legal rights or insurance benefits. Contact us today to schedule a free consultation where we’ll examine the facts of your case and recommend a strategy to recover the compensation you deserve.
Long Beach Truck Accident FAQs
How long does it take to settle a truck accident case?
The length of time depends on numerous factors, including the number of people involved in the accident, the extent of the injuries, and whether there’s any dispute as to liability. That said, it can take anywhere from a few months to a few years to settle a truck accident lawsuit.
How much is my truck accident case worth?
As a general rule, the more harm you suffer and the easier it is to prove that harm, the more your case will be worth. If there are doubts as to the extent of your injuries from the truck accident or who caused them, the less your case will usually settle for.
How much does it cost to hire a truck accident lawyer in Long Beach?
Most lawyers that handle truck accident personal injury cases usually charge a contingency fee. This means they take a percentage of whatever they can recover for you. However, it also means if they can’t recover anything for you, they get paid nothing.
