More and more large trucks are causing fatalities every year, according to the National Highway Traffic Safety Administration.
The unfortunate fact about truck accidents is that the majority of them result in permanent injury and death due to their size and weight, according to the National Injury Safety Council. Truck accidents are not only physically harmful but mentally traumatic, affecting victims’ families, the companies that employ them, and their surrounding communities.
For that reason, Maison Law advocates on behalf of injured truck accident victims and their families in Los Angeles. If your life has been altered in any way after suffering a truck accident injury, then we can help you fully recover damages from the responsible party. Whether your case requires an in-depth investigation or you need to recover compensation fast, we can help.
Don’t let a truck accident define your life. Contact Maison Law today for a no-cost, no-obligation consultation and get the legal help you need.
Los Angeles Truck Accident Injury Claims Process
Step 1
Call Us For A Free Consultation
Call us 24/7 with No Obligations.
Step 2
Describe Your Accident Details
We will then discuss your legal options and decide whether to move your case forward.
Step 3
Retain Maison Law w/ No Upfront Fees
We work on contingency. No attorney fees unless you win your case.
Step 4
Receive Your Compensation
We will fight for you to earn the highest possible payout for your damages.
Do I Need a Lawyer for a Truck Accident in Los Angeles?
Truck accidents are far more devastating than your typical car accident. Victims injured in trucking accidents often suffer severe injuries, which require extensive medical treatment and time off work to recover. In certain cases, truck accident victims can be left with permanent disabilities, leaving them and their families with astronomically high medical bills and an uncertain financial future.
The financial and physical toll these accidents can have on a person’s life is why it is advisable to speak to one of the Truck Accident Attorneys at Maison Law if you’ve been injured in a truck accident.
Our firm has helped numerous truck drivers recover their lives after an accident, and we’d love to do the same for you.
At Maison Law, we provide the following services for truck accident victims:
- Investigating and determining wrongdoing or recklessness: Trucking accidents are complicated due to the number of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
- Collecting and preserving key evidence: Trucking logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. Our lawyers will take the proper legal steps to obtain this information and strengthen your claim.
- Communicating with insurance companies and other attorneys: With trucking companies and drivers having insurance, it is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. Our attorneys will protect you from liability and your right to fair compensation.
- Proving liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. Our attorneys will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
How Maison Law Will Help You Win a Fair Settlement
At Maison Law, we help Los Angeles truck accident victims achieve successful outcomes through:
- Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term, medical needs.
- Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
- Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
- Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tacts insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
- Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.
Filing a Lawsuit Against Independent Contractor Truck Drivers in Los Angeles
In certain cases, the truck driver involved in your accident may be an independent contractor, meaning they are not necessarily employed by the company. In California, this is not uncommon as there are over 70,000 owner-operator truckers across the Golden State, according to the Journal of Commerce.
If an independently contracted truck driver gets into an accident with you, you can file a lawsuit against the driver, but it will be difficult to include the trucking company in the lawsuit. However, there are certain instances where a trucking company can be liable for an independently contracted truck driver.
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.
Establishing Carelessness in a Los Angeles Truck Accident
Truck companies and truck drivers owe a “duty of care” when it comes to other drivers on the road. Duty of care isn’t just a suggestion for truck drivers, it is a law that applies to manufacturers, distributors, and maintenance companies as well. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish a trucking company caused your accident, you would need to prove the following:
- Duty of care: the truck company has a legal obligation to prevent any hazardous incidents that could injure someone
- Breach: the truck company failed to uphold its duty of care
- Cause: the truck company’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the truck accident, which could have been reasonably prevented
What to Do After a Truck Accident in Los Angeles
1
Call the Police
Even if you don’t feel injured or the damage is minimal, always call the police to get a police report.
2
Take Photos
Take pictures of the car damage, semi-truck, license plates, intersection, and surrounding area.
3
Swap Info
Swap insurance info with the other driver and get their CDL info, but don’t apologize or say that you aren’t injured.
4
Contact Your Insurer
Most insurance companies require you to report your accident to them, regardless of who is at fault.
5
Go See Your Doctor
Document any pain you feel immediately and in the days and weeks after the accident. Keep your receipts from you appointments and medications.
6
If you are injured in your accident, the insurance company will want to pay as little as possible.
Find out what your case is really worth.
What is the Typical Compensation for a Truck Accident in Los Angeles?
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
It is important to note the final settlement amount varies widely depending on the circumstances of each case and the severity of your damages. It is recommended to consult with a trusted truck accident attorney at Maison Law to fully understand the value of your case.
Average Los Angeles Truck Accident Injury Settlements
Truck accident injuries are usually devastating, resulting in long-term medical care or permanent disability for some victims. However, some accidents may be minor and result in far less serious injuries. It is important to remember that the final settlement amount will largely be based on the severity of your injury. For example, if your injury requires surgery or results in permanent disability, then your settlement can be far more substantial due to the cost of medical treatment, missed time at work, and suffering.
Average injury settlements are as follows:
- Low settlements: Low settlements usually consist of minor accidents with little to no injuries. These could include back sprains and strains. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages. These tend to fall around $5,000 to $10,000.
- Moderate settlements: Moderate settlements apply to accidents with moderate injuries such as broken bones or soft tissue damage. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery. These tend to fall anywhere from $10,000 to $100,000.
- High settlements: High settlements involve severe injuries, resulting in long-term medical treatment or permanent disability. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.
What Our Clients Say
Truck Accident Liability Law in California
In the case of a big rig truck being involved in an accident, the corporation who owns the truck will most likely be liable for the actions of their truck drivers through vicarious liability, which is covered in California’s Respondeat Superior Law, which states:
“The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
However, trucking accidents are more complex because several parties can be liable for causing your accident. It may seem simple, but there are a lot of different factors that go into truck transportation.
Common Liable Parties for a Los Angeles Truck Accident
With the number of trucks traveling in and out of Los Angeles every day, the city is at a much higher risk of trucking accidents than most other places. In 2020, according to the Insurance Institute for Highway Safety, there were 28% more fatalities from large truck crashes than in previous years. The most common liable parties in these trucking accidents include:
- The truck driver: as is the case for most truck drivers, they will most likely not be held liable because the company they drive for is responsible for their actions. However, if the employee is an independent contractor and not associated with a company, then you may be able to bring a claim against the individual driver.
- The truck company: As stated above, the truck company is liable for the actions of their employees when they commit a careless or wrong act within the scope of employment, according to California’s Respondeat Superior Law, which states:
- “The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
- A third party: Another driver, a government body, a road construction crew, or a truck maintenance company could also be liable if their reckless or careless actions resulted in an accident.
Regulatory Bodies: State and Federal Regulations for Trucks in Los Angeles
The California commercial truck regulations fall under the following:
- California Vehicle Code: provides specific regulations for all vehicles, including trucks, on California roads. Truck regulation addresses safe operation standards, driver qualifications, and the proper transportation methods.
- Public Utilities Commission (PUC): The PUC provides additional oversight to truck drivers by ensuring safety standards are met by conducting regular inspections, overseeing training, and certifying trucks drivers.
Federal truck regulations include:
- Federal Motor Carrier Safety Administration (FMCSA): The FMCSA governs all large vehicles operating within interstate commerce. They uphold nationwide standards for bus maintenance, drivers’ hours of service, and safety procedures.
- Department of Transportation (DOT): The DOT oversees truck operations across state lines, and trucks must comply with the DOT to maintain an operational trucking license in the United States.
If a violation of any of these regulations resulted in your accident, then we can conduct an investigation to prove a careless act caused your injuries. Blatant or accidental acts of carelessness can be difficult to prove, but we can help. Contact us today for a free case review to see what legal options are available for your situation.
Truck Driver Requirements to Prevent Truck Accidents in Los Angeles
Any person driving a commercial truck on California roadways is required to obtain a commercial driver’s license (CDL). Truck drivers must pass a vision test, a medical exam, and a written knowledge test at the DMV. Also, the truck driver must complete a minimum of 15 hours of behind-the-wheel training before a CDL can be issued. Truck drivers are also required to adhere to the following while driving a truck:
- Truck driver logs: The FMCSA requires that all commercial truck drivers keep a log of their activities. This log should include every stop they make, rest breaks, as well as routine inspections.
- Truck inspection requirements: Drivers must inspect the vehicle before each trip, and trucking carriers are responsible for regular inspection and maintenance.
- Hours of service requirement: the hours truck drivers can operate a commercial truck per day are regulated. The regulations are designed to ensure the truck is operated safely and without tired drivers.
- DOT numbers: The US Department of Transportation requires trucks to have an identification number. This number must be visibly displayed on both sides of the truck.
- Size and weight limit: Truck weight and height limits can be found in California’s Truck Restriction Laws. However, these limits can be extended with special permission from state or federal regulatory agencies.
How an Insurance Policy Affects a Los Angeles Truck Accident Injury Settlement
When it comes to truck accident claims in California, 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.
Contact Maison Law | Los Angeles Truck Accident Lawyers
If you or a loved one has been injured in a truck accident in Los Angeles, the experienced Truck Accident Attorneys at Maison Law can help. We’ve handled numerous cases like yours and we will work tirelessly to get you fully compensated for your damages. The road to recovery can seem difficult, but it doesn’t have to be.
Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs, and you won’t spend a dime until your case is won.
Additional Resources
- Los Angeles Fatal Truck Accidents
- What to Do After a Big Rig Accident on I-5
- What to Do After a Big Rig Accident on Ventura Blvd
- What to Do After a Big Rig Accident on Reseda Blvd
- What to Do After a Big Rig Accident on Wilshire Blvd
- What to Do After a Big Rig Accident on Balboa Blvd
- What to Do After a Big Rig Accident on Sepulveda Boulevard
- What to Do After a Big Rig Accident on 405 Freeway
- What to Do After a Big Rig Accident on Venice Boulevard
- What to Do After an Amazon Truck Accident
- What to Do After a Gelson’s Truck Accident
