Truck accidents are a frightening experience. Each year, thousands of people are injured and killed in truck accidents. After an accident, MCIS Lawyers encourages our clients to take the following steps:
-If possible, safely pull to the shoulder or an area where you are not putting yourself or other drivers at risk.
-Call authorities to alert them of the accident. It is always recommended to obtain a police report.
-Do not place blame on yourself or the other driver; simply ask to receive their information including their driver’s license and insurance.
-If you have your phone available, take photographs of the vehicles and scene. Further obtain the truck’s license plate number, insurance, and driver’s license of the truck driver.
-Always seek medical attention, even if you think your injuries are minor. Most people are shaken and upset at the scene and are not focused on injuries. In addition, adrenaline can mask pain. If you are in significant pain at the scene, you should ask for treatment at the scene because your injuries could be serious. Otherwise, you should be evaluated as soon as you become aware of your pain so as not to overlook something that could be serious.
-Call an attorney to assist you. Trucking companies and their insurance companies are interested in protecting their interests only, not yours. Don’t let them take advantage of you.
Truck Accident Law
There are a number of different factors that need to be considered when determining fault in a truck accident case. Depending on the specifics of your accident, one or more of the following parties could be to blame:
· -The Driver: There are strict rules and regulations that govern truck drivers, including how long a driver can drive during a given period of time and the amount of rest required during a trip. In addition, a truck driver has responsibilities to inspect his truck during each trip he takes. If a driver does not follow these rules and regulations, he can be found at fault.
· -The Truck Company: There are also strict rules and regulations that govern truck companies. A company must make sure it hires only competent drivers. In addition, a company has the responsibility to properly train its drivers. Moreover, a company can be held responsible for the negligent acts of its drivers.
· -The Leasing Company: Some drivers lease their vehicles from larger companies. These companies are required to maintain the vehicles and ensure that they are in proper running condition. If the truck was not maintained and that failure contributed to the collision, the company can be held liable.
· -The Broker: Often, trucking companies use a middle man, called a broker, to schedule and coordinate the trip. Depending upon how much control the broker exercises, it can be held responsible for a truck accident.
· -The loader: There are rules and regulations regarding loading of trucks. The goods being transported are supposed to properly secured to avoid slipping, moving, or coming free during transit. Improperly loaded goods can lead to major collisions.
Statute of Limitations
The statute of limitations for truck accident cases is two years. That means a person has two years from the date of the accident to file a lawsuit if the case cannot be resolved beforehand.
Do I Have a Case?
There are two parts to every case. The first part is proving that someone was at fault. The second part is proving damages. To prove fault, you must prove that the wrongdoer failed to exercise reasonable care in the operation of the vehicle. When a person is injured, he or she is entitled to be compensated for the damages that have been incurred. Generally, damages fall into two categories called economic damages and noneconomic damages. Economic damages include such things as property damage, medical expenses and lost wages. Noneconomic damages include such things as pain and suffering and emotional distress. All of these damages must be related to the accident or incident. You will be required to prove by competent and credible evidence all of your damages claims.
Damages that may be recovered in a truck collision depend on the severity of the injuries. Compensation may include the following:
• Medical Expenses
• Future Medical Expenses
• Pain and suffering
• Past and Future Lost Wages
• Property Damage
And in cases where the truck driver has caused death, the family of the victim is entitled to recover certain damages, called wrongful death damages.
MCIS Lawyers Can Help
Prosecuting truck accidents is complicated and requires specialized training. MCIS Lawyers has been handling truck cases, involving millions of dollars, for more than 30 years. The firm will fight to help you obtain the financial compensation you deserve.
Mark G. Cunningham, Esq.
20300 Ventura Blvd., Suite 305
Woodland Hills, CA 91364
Tel. (818) 999 – 1184
Fax. (818) 999 – 1284
Member: American Board of Trial Advocates