If the accident involves any sort of serious injury due to the other driver's negligence, you should consult with an attorney about your legal options. Handling your case on your own can be difficult. If you hire an attorney they can negotiate for an agreement with your insurance company on your behalf. In the case that your insurance company acts in bad faith (denying coverage, refusing to pay the claim before investigating, etc.), an car accident attorney can be your ally to fight for the compensation you deserve.
Accordion Sample DescriptionIt may be tempting to accept money, especially if you need it immediately for mounting medical costs. However, it is possible that you do not know the extent of your injuries. An insurance company may try to get you to settle as quickly as possible to save themselves money and time. A quick settlement offer is not for the benefit of you, but the benefit of the insurance company. Remember, that the business of car insurance is a profit oriented one. Regardless of what they say to settle your claim, they do not have your best interest in mind. It is best not to settle your claim until you have a visited a doctor about all your injuries and have consulted with an experienced personal injury attorney.
Compensation received through a personal injury lawsuit can pay for costs that occurred after the accident. Some of the most common types of monetary damages recovered in an accident include:
- Medical expenses (Past, present, and future)
- Compensation for lost wages, both past and projected
- Pain and suffering
- Loss of quality of life
- Costs of rehabilitation
- Costs of therapy or psychological counseling
- Loss of affection or companionship (loss of consortium)
- Property damage
- Ambulance fees
We work strictly on a contingency basis. Meaning, if we do not recover anything on your behalf, you don't owe us anything.
- STAY SAFE. Stop your car safely. Turn of emergency lights. Watch for oncoming traffic
- DO NOT DISCUSS FAULT. Don’t apologize. Never admit fault. Do not discuss accident with anyone except to provide facts requested by the police or highway patrol at the scene.
- CONTACT AUTHORITIES. If anyone is injured call for an ambulance.
- TAKE PHOTOS. Take photos of the accident scene and photograph the damage to the vehicles involved in the accident.
- GET THE FACTS. Obtain all necessary information from the other driver and any witnesses.
- CONTACT A PERSONAL INJURY ATTORNEY. You have the right to recover for your injuries and damages.
Even if you have fully recovered from your injuries, you are still entitled to compensation for injuries caused by another's negligence.
Whether or not you have a strong case depends on a variety of factors, including the nature and extent of your injuries or property damage, whether the defendant has sizable assets or adequate insurance coverage, and how long ago the accident or injury occurred. An attorney can evaluate your case in light of these and other factors, and give you a realistic assessment of what you can expect.
Your attorney will take care of all of the legal aspects of your case. You may be asked to participate in discovery by answering written questions or giving oral testimony in a deposition. If your case goes to trial, you will likely be expected to appear in court. Throughout the duration of your case, you must obtain appropriate medical care and make your doctor, physical therapy, or other appointments.
Your attorney will take care of all of the legal aspects of your case. You may be asked to participate in discovery by answering written questions or giving oral testimony in a deposition. If your case goes to trial, you will likely be expected to appear in court. Throughout the duration of your case, you must obtain appropriate medical care and make appointments with your doctor, physical therapist, or other appointments.
This, too, depends on many factors. Most cases settle prior to trial, but if a settlement is not reached, your case will progress through discovery and trial which can take a year or longer in many jurisdictions. Additionally, you may not want to resolve your case too quickly if you are still seeking medical treatment and all of the related expenses have not yet been calculated.
Truck accidents can be tricky to handle legally. Not only can the truck driver be held responsible, but the trucking company or manufacturer as well. In addition to this, a truck accident can lead to severe and permanent injuries and sometimes even death. If you have been involved in a trucking accident here are some things you should know or do after the incident.
- First step is to call the police. It is very important you file an accident report, even if there is only minor damage.
- If you are physically able, take photos and videos of the accident scene including the vehicles involved. If other witnesses are around, write down their information and testimonies. All of these photos, videos, and testimonies can serve as evidence in your case.
- Seek immediate medical attention. Again, even if the injuries are only minor. Not only because your health and safety are important, but also because the medical reports can also serve as evidenced in your claim.
- Contact your insurance company and file a report. This step is incredibly important as if it can affect the outcome of your case. Speak as little as you can to your insurance company regarding the accident. State only the facts and do not elaborate.
- Finally, call (844) 291-1911 for an experienced personal injury attorney with years of experience litigating truck accidents. You will need a trustworthy attorney who can advocate for your story and help you procure the settlement you deserve. Get in contact with a personal injury attorney at Yarian & Associates today.
Sadly, the answer is pretty likely. Trucks are on Californian highways every day and not all of them are driving safely. The National Highway Traffic Safety Administration states that across the United States 95,000 people are injured in truck accidents annually. In addition to this, 4,000 of those 95,000 are killed by truck accident-related injuries. In California there were 271 fatal crashes involving large trucks in 2015. Out of these 271 crashes there were 296 fatalities.
If you have been injured in a trucking accident due to negligence or recklessness, your first step outside of medical help is to obtain legal representation from an attorney. However, there are a few things you need to take note of. If you want to determine liability to the responsible party some reasons it can be difficult include:
- Commercial motor vehicles and drivers are subject to federal regulations regularly. Therefore there may be different statutes and regulations than a standard privately owned motor vehicle.
- The driver may not be the owner of the truck, and may be an employer independent contractor of a third party. If this happens there could be layers of liability involved in filing your claim.
- Some truck drivers are encouraged—or even required—to engage in unsafe practices to fulfill their employers or clients requirements making those third parties liable as well.
- If faulty equipment or vehicle maintenance played a role in the accident the manufacturers may be held liable.
There are many types of commercial trucks on U.S. roadways. Each truck is designed for a different task. Some common truck types, can cargo include:
- Tractor Trailer – Also known as a "semi-trailer," "big rigs," or "18-wheelers." Tractor trailers carry different types of cargo based on its attached trailer. For example a tractor trailer towing a refrigerated trailer can carry produce or other cooled cargo. A company that constantly uses tow trucks is Fed-Ex for deliveries.
- Dump & Garbage Trucks – Any sort of garbage, trash, or work vehicle is considered a dump truck. Dump trucks carry waste, demolition, debris, dirt, gravel, construction material, dry dangerous debris, and sand. Waste Management is a prominent company that uses dump and garbage trucks daily.
- Tanker Trucks – Tanker trucks carry liquid or gas cargo. Usually, tanker trucks carry classified hazardous materials. Shell gas company uses tanker trucks consistently to transport fuel across the United States.
- Tow Trucks – Tow trucks are normally used by a private operator or company. The cargo a tow truck carries is dependent on what is hooked or tied down on the truck. Some examples can be other motor vehicles, trailers, and construction equipment
- Flatbed Trucks – A truck with a long open trailer that accommodate easily loadable cargo. All flatbed trucks have no walls or sides where the cargo is placed. Cargo for flatbed trucks hold items that do not fit in trailers such as cranes, machinery, or building materials. The military consistently uses flatbed trucks to move heavy machinery or equipment.
Trucks can be very dangerous in an accident. Normally the severity of the accident is reliant on the type of truck and their weight. Some risks that different types of trucks include:
- Tow Trucks – Accidents with tow trucks can be dangerous dependent on the cargo they are carrying. For example, a tow truck may have another car attached to its trailer. In the accident the vehicle may be unattached and add an extra impact on your automobile. Tow trucks can tow up to around 13,000 pounds and weigh around 8,000 pounds, so any sort of collision with a tow truck can be dangerous.
- Tanker Trucks – Most tanker trucks carry dangerous materials, making any sort of accident incredibly unsafe as they blow up easily. In addition to this, tanker trucks have a high center of gravity so they are prone to roll-overs. Tanker trucks have a maximum combined cargo and truck weight of 80,000 pounds.
- Dump & Garbage Trucks – Dump and garbage trucks are more risky towards pedestrians and bicyclists as they roam residential neighborhoods. An accident with a garbage or dump truck can result in tip-overs and flying dangerous debris. Garbage and dump trucks usually weigh around 51,000 with cargo.
- Tractor Trailers – Accidents with tractor trailers are dangerous because they have a high center of gravity, raising the risk for the truck to roll-over. The maximum weight of a tractor trailer without a tandem is 20,000 pounds.
- Flatbed Trucks – Accidents wit flatbed trucks are more dangerous than tow trucks because they carry more weight than an enclosed trailer. Additionally, the cargo can dislodge and create lasting damages in an incident. A flatbed truck without cargo normally weighs around 45,000 pounds.
Truck size, cargo, and weight makes any kind of trucking accident incredibly dangerous and can result in severe and catastrophic injuries. A person injured in a trucking accident can face long-term medical costs, physical therapy, and the aftereffects of psychological trauma. With all these mounting medical bills and emotional distress, it is imperative that you contact a personal attorney, such as the attorneys at Yarian & Associates. An experienced personal injury attorney can file a claim for compensation to handle all your accident-related damages. When bills are piling and you are recovering from an injury, there is no reason for you to suffer unconditionally. Contact a practiced personal injury attorney at Yarian & Associates to have some peace of mind today. Some common injuries from a truck accident include:
- Head injuries
- Broken bones
- Neck injuries
- Internal injuries
- Spinal cord injuries or paralysis
- Back injuries
- Rib and torso injuries
- Lacerations and abrasions
- Seat belt injuries
- Wrongful death
Trucks accidents can occur in a variety of ways. Traffic, fatigue, reckless drivers, and inclement weather can affect the way a truck driver operates their vehicle. Alongside these circumstances, obstructing hazards on the roads are especially dangerous to trucks. It requires a great deal of skill to operate a large commercial truck, and swerving out the way to avoid an obstruction is difficult and sometimes impossible. Some common road hazards that lead to truck accidents include:
- Poor road design
- Shoulder drop-offs
- Pot holes
- Loose gravel
- Limited visibility due to trees or other road designs
- Limited visibility due to insufficient lightning
- Poor road maintenance
- Poor intersection planning
- Narrow bridges and roads
- Missing or insufficient road reflectors or paint lines
- Missing or broken signage
- Nails, glass, or sharp objects
Most truck hours and miles are regulated by The Federal Motor Carrier Safety Administration (FMCSA). FMSCA regulations aim to improve truck safety and deter driver fatigue. The trucker's hours-of-service usually follow these outlined rules:
- 14 Hour Duty Limit – Truckers are not allowed to drive past the 14th hour after coming on duty following at least 10 consecutive hours spent off duty.
- 11 Hour Driving Limit – A truck driver is not allowed to drive more than 11 hours. In order to drive again, the trucker must be off duty for another 10 consecutive hours.
- 60/70 Hour Duty Limit – This rule is based on a seven or eight day period. It varies on the driver, and depends on the types of hours and days of the week he works. If a trucker has been on duty for 60/70 hours during seven or eight consecutive days they are not allowed to continue to drive. A trucker may restart the 60/70 hour rule after at least 34 consecutive hours spent off-duty.
- 30 Minute Break – A mandatory 30 minute break is necessary for drivers if they have driven consecutively for 8 hours.
If you file a claim for your trucking accident injury, you may be entitled to compensation. The compensation you receive will be determined by the amount of damage the injury incurs in your life. These recovered damages can be economic or non-economic. Some damages that you may be compensated for include:
- Past, present, and future medical costs
- Loss of wages and profits, projected and present
- Disability costs
- Property damage
- Emotional distress
- Pain and suffering
The attorneys at Yarian & Associates are experienced in personal injury. Yarian & Associates's attorneys are well-versed in motor vehicle accident laws, and have a passion for advocating for victims. Attorney Levik Yarian has been able to procure millions of dollars in settlements for truck accident cases in the past. With over two decades of collective truck accident litigation experience, the attorneys at Yarian & Associates understand the complexities of auto accidents and California civil law.
Slip, Trip and Fall
As a property owner, it is your responsibility to maintain a safe environment for all visitors to your property. If there is a defective condition, you must warn individuals of the hazard and correct it in a timely manner. Regular maintenance will ensure that you are aware of any unsafe condition and are able to fix it to avoid injury to others. The extent of liability, if any, can vary depending on each situation, so it is best to consult a qualified personal injury lawyer who is familiar with the specific laws of your local jurisdiction.
If you are injured on someone else’s property, take note of the surroundings and the hazard which caused you to fall. If you have a camera or mobile phone with photo capturing ability, try to take photos of the hazard as this may serve as evidence of the condition of the property at the time of injury. If there are any witnesses, ask for their contact information or a written statement of the accident from their perspective. If you are in a business setting, the business will probably require that you submit an accident report at the time of the incident. Be sure to retain a copy of this report for your records. In the upcoming days and weeks, keep clear records of any medical treatment needed and document any missed work which occurred as a result of you injury. Most importantly, contact a personal injury attorney who can review your case and inform you of the best course of action to receive compensation for your suffering and lost wages.
Your neighbor and all property owners have the responsibility to take reasonable steps to provide for the safety of visitors. However, the injured party must also show that he or she was exercising reasonable caution. If your neighbor can prove that you were being careless at the time of the accident, it may hinder your claim. To fully evaluate the situation and determine who is responsible and to what extent, you should contact a knowledgeable attorney.
In most cases, the party at-fault (or his respective insurance company) is responsible for paying for medical treatment and other related expenses such as lost work and pain and suffering. It is crucial that you hire a personal injury attorney who can help determine fault and recover any financial losses you’ve incurred.
No! More often than not, the other driver’s insurance company is calling to obtain information which may be used against you as you seek to recover losses. If you have hired an Attorney, it is bet to let your Attorney handle the insurance company directly.
No, however it is always a good idea to call the police at the time of an automobile accident. Mora and more we are seeing that police will arrive at the scene of an accident and if the accident and injuries are not major, they will refuse to write an report. Although insurance carriers would prefer to have a police report when filing a claim, it is not necessary! Nonetheless, if a police reports is furnished, it will be helpful in determining the involved parties and documenting who was at fault. This information will assist your insurance company in their investigation and may expedite the resolution of the claim.
If you are involved in a car accident, you should seek necessary medical treatment immediately. Even if you are not injured, it is important that you call the police and file a formal police report which can later assist with insurance claims and any lawsuits which may follow.
- During this time, you will be required to show your driver’s license and documentation of your insurance coverage. It is important that you obtain this information from the other driver as well. If you have a camera, you should take a photo of the scene or soon after to show any damage to your vehicle. You should also contact your insurance carrier as soon as possible to open a claim.
- To ensure that you receive the greatest settlement possible, contact a personal injury attorney who can initiate an investigation before witnesses forget their testimonials and evidence is lost.
A wrongful death claim is when a person is held liable for a death. If a person's negligence causes a death, they can be held legally responsible for what occurred. Normally, wrongful death claims are brought about by close relatives and friends of the deceased.
It depends on who the negligent responsible party was. Whoever or whatever entity brought about the person's death due to carelessness or recklessness will be held liable. For example, if a construction accident results in death, the construction company may be held legally responsible.
Similar to most personal injury cases, the statute of limitations (or time limit) for a wrongful death claim is two years after the death. Once two years is up, the family will lose the right to file a claim at all.
- Money can never bring back a deceased loved one. Damages are typically distributed according to whether they compensate the surviving family members for personal losses because of the death, or compensate the estate for losses associated with the death.
- Some monetary damages that are typically attributed to estate compensation include:
- Medical and hospital bills for the deceased person's final illness or injury
- The lost income, including potential income, the deceased person would reasonably have been expected to earn in the future if he or she had lived
- Funeral and burial expenses
- Losses that are typically attributed to surviving family members include:
- Loss of anticipated financial support
- Value of household services
- Funeral and burial expenses
- Loss of love, attention, affection, community, moral support and guidance.
- California law dictates that only certain people are allowed to file wrongful death claims. The following parties who may bring a wrongful death claim include:
- The deceased person's domestic partner
- The deceased person's surviving children
- The deceased person's surviving spouse
- If there is no surviving person to bring the deceased person's plight to light, a wrongful death claim may be filed by anyone "who would be entitled to the property of the decedent by interstate succession" This can include the person's parents, siblings, or anyone depending on who is living at the time of the person's death.
- If the deceased had people financially dependent on them, those following people can also bring about a wrongful death suit in California. Those people include:
- The deceased person's stepchildren;
- The deceased person's "putative spouse" and children of the putative spouse; and
- The deceased person's parents