Outside of Hollywood and the beach, Los Angeles County is famous for its massive industrial production and agriculture landscape, which in turn leads to a heavy presence of large trucks on the road. Large trucks can be loathed on the road since they tend to occupy a lot of space and often slow down the traffic. Large trucks are also a hindrance to conventional 4-wheel vehicles. According to an analysis study by the Federal Motor Carrier Safety Administration (FMCSA), California, second in all 50 states, had the highest number of fatal crashes involving large trucks in 2017. If you were involved in an accident with a large vehicle, you might be thinking about what to do next.
The Gravity of the Situation
Depending on the seriousness of the injury or accident, a truck accident lawyer may be optional. If your accident was small enough, where the insurance representing the truck driver has paid what’s necessary for you to recover from your injury, then you may be fine moving forward without legal counsel. As the severity of the accident and the number of parties involved intensifies, your case may become too conflicting for you to move on without getting another perspective on the matter.
The other party may not be paying enough through his insurance or may lack protection in the first place. In this case, you may need an attorney who is representing only you and not an individual only representing their company’s limit cap. An attorney can also measure your case against other personal injury cases they have dealt with in the past and see if you stand a chance. That honest feedback can serve as a perspective in engaging in a situation that does not seem favorable for you.
When exploring liability in any driving accident, there are different possibilities to be explored. First off, you need to assess what exactly happened in the accident and who may be to blame. While insurance agents may get somewhat invested in your accident, your particular case will not get nearly as much as attention as it will in the hands of an attorney.
Negligence, the failure to follow a duty of care, is often used to fight the defense in a personal injury suit. There are a lot of factors that may have contributed to the other party’s negligence, and it usually takes an experienced legal counsel to explore all of them. There are a couple of parties that can be held negligent in the accident:
- Truck Driver
- Truck Driving Company
- Truck Manufacturer
- Public Entity
With the truck driver, one must consider his behavior in the accident. Did the truck driver fail to see the yield sign because of texting and driving? Was the truck driver going past the speed limit? The company of the driver can be evaluated to know what kind of damages they contributed to the accident. Truck drivers must meet basic truck driving required knowledge and have a license for even be hired to drive a large truck in California (49 CFR §383.111). Truck driving companies must also follow safe employee practices, like allowing their drivers to receive the required amount of rest hours and breaks while driving (14 CFR §395.3).
Large trucks require a significantly larger amount of maintenance than conventional motor vehicles. Several large truck accidents attribute liability to the failure in a machine such as a brake problem, which in turn, with a negligent driver can be a room for disaster. That is also under the company’s standard of practice regulations that must be met. In case of a malfunctioning public road, a lawyer can explain how to go about handling those types of cases. Furthermore, California law has changed to require all contractors to be recognized as full-time employees under company policy; therefore, any truck driving accident with a truck driving company will be pursued against the truck driving company.
Truck Accident Litigation Experts
Filing a lawsuit against a large corporation or even a public entity can be intimidating. Having a truck accident lawyer at your side can provide that peace of mind. Even if you are confident
the other party is to blame for the accident, you will need to demonstrate it during court. A legal counsel knows the public road and trucking laws and can form a case for you. Truck accident litigators are also familiar with the specific rhetoric that is used to hold trucking companies and drivers accountable when they have failed to pay up.
Even if you are partly at fault for the accident, California’s comparative negligence laws allow you to pursue for at least part of your damages. If you suffered severe injuries during truck accident, talk to a truck accident lawyer. Yarian & Associates, APC. in Glendale, CA works with victims of truck accidents. Call 844-291-1911 to schedule a consultation.