Concord Truck Accident Lawyer
Large commercial trucks are a common sight in the city of Concord and throughout Contra Costa County, CA. These vehicles are vital to the economy in the golden state for transporting and delivering goods and materials. A crash involving an 18-wheeler may often result in serious injury or even fatality due to the massive size and weight of these vehicles. With this information in mind, a passenger vehicle stands no match to a semi-truck. Those injured in truck accidents may suffer traumatic injuries that may require the need for medical treatment and time away from work to recover. Knowing what steps to take in the aftermath of a big rig crash may be stressful and overwhelming, particularly when you are focused on getting your life back on track.
If you have been injured in a big rig crash in the Concord area, our truck accident lawyers at our law firm are here to guide you through the legal process with difficult insurers and defense counsel. Call us today at (925) 428-5220 or (800) 404-5400 to receive free, friendly case advice.
The compassionate and dedicated attorneys at AutoAccident.com are here to provide you and your family the assistance and guidance you all need during this difficult time. We have handled cases like yours since 1982 and have the experience necessary in obtaining the successful resolution you deserve. Let us go over the details of your situation and discuss some of your potential options for financial recovery during a free consultation. Our legal team is available anytime to advise you on how to move forward with a claim. We serve clients in Contra Costa County and across the state of California.What Types of Compensation is Available in a Trucking Crash Claim?
With a personal injury claim, a party injured in a truck accident may seek recovery of economic and non-economic damages they suffered. This may result in financial compensation for:
- Costs of reasonable and necessary medical care related to injuries suffered in a big rig crash, including expenses for future treatment
- Lost wages for the time a claimant was out of work to recover from their injuries and to attend medical appointments
- Diminished earnings because of a permanent injury or disability suffered in a semi-truck collision
- Out-of-pocket expenses to modify a home or vehicle because of permanent disability
- Loss of consortium for the damage a traumatic injury has had on a relationship with a spouse
- Pain and suffering for the emotional distress and physical pain caused by injuries sustained in a trucking collision
- Lost enjoyment of life because of the effects an accident-related injury has had on a claimant and their way of living a meaningful life
Aside from economic damages and non-economic damages sought in an injury case, a Concord truck accident lawyer may seek punitive damages from the at-fault party in cases of excessive speeding or driving under the influence (DUI). These serve the sole purpose of punishing the negligent party and are generally awarded at the discretion of the court.Why is a Truck Accident Case Different?
A personal injury case or a wrongful death claim arising from a commercial truck accident is often more challenging than one from a passenger vehicle crash. That is because there may be significant damages involved, multiple responsible parties, complex state and federal regulations, and disputes among defendants regarding liability for the incident. A claimant may expect the trucking company, insurance providers, and defense counsel to minimize their liability for the incident and resulting damages through various defense tactics.What are the Common Causes of Big Rig Crashes?
Some of the top causes of semi-truck collisions may include but are not limited to:
- Defective Truck Parts: A large commercial truck is comprised of many parts and equipment. If one of these is defective or malfunctions during the operation of the vehicle, it may result in a big rig crash. Under these circumstances, the manufacturer of the faulty truck parts and equipment may be held responsible through a products liability claim.
- Lack of Maintenance: A wide array of regulations applies to the maintenance of semi-trucks. Since truck drivers and trucking companies are expected to regularly inspect their vehicles, they may be held liable for damages resulting from a truck accident caused by neglected repair or maintenance.
- Overloaded Truck: Whenever a semi-truck is overloaded with cargo, it may trigger a wide array of accident scenarios. This may include rollover collisions, tire blowouts, and cargo spilling from the large truck. Any of these situations may cause serious injuries or even death to others on the road.
- Speeding: While going above the posted speed limit or given road conditions is a risk for anyone in Contra Costa County, and throughout California, truck drivers are often more likely to speed than others on the roadway. Truck drivers are often pressured by the companies that have employed them to meet strict delivery deadlines. With such an unreasonable request comes the compromise of road safety. Whenever a large commercial truck is speeding, there is the possibility of an accident resulting from the failure to stop in time for slowed or stopped traffic ahead.
- Truck Driver Fatigue: All drivers and carriers that operate commercial motor vehicles must abide by Federal Motor Carrier Safety Administration (FMCSA) regulations on Hours of Service (HOS) set out in 49 CFR 395. These govern how long a trucker may be on the road to curb driver fatigue. While proving a HOS violation in connection to a truck accident caused by fatigue may be challenging, evidence such as electronic logging devices (ELDs), logbooks, inspection records, and receipts may be used to establish a truck driver’s timeline.
If an independent investigation of a commercial truck accident reveals that the incident was caused by any of the aforementioned factors, several parties may be held liable for damages incurred. Since the possibilities are endless, it is essential to contact a skilled Concord truck accident attorney with experience handling and litigating semi-truck crash cases.What Filing Deadlines Apply to Personal Injury Cases in California?
There is a time limit imposed on personal injury cases by the state of California. This deadline is also referred to as the statute of limitations. Under the California Code of Civil Procedure Section 335.1, a claimant has two years from the date of the incident to file a lawsuit in civil court. The two-year statute of limitations also applies to wrongful death actions.
Mandatory deadlines may apply to a civil case involving a government entity. If the defendant was a public agency representing the city, county, or state, a notice of claim must be brought no later than six months from the date of the accident. Other filing criteria and deadlines must be met in these cases as outlined in the California Government Code Section 911.2.
What injured parties and families of decedents should know about commercial truck accident cases is that it is not uncommon for the insurance company representing the at-fault party to delay the claim. This is a way of stalling out the case to run out the clock in hopes of the statute of limitations expiring. That is why it is essential to retain an experienced truck accident attorney in Concord to ensure that all aspects of your case are handled accordingly to protect your right to fair compensation.Why is it Important to Hire a Lawyer for a Commercial Truck Accident Case?
When you or a loved one has been involved in a trucking accident in Concord, it is essential to work with an attorney to ensure your rights and interests are protected throughout the legal process. Some of the ways that an injury lawyer may help you with your case may include:
- Independent Investigation: Not all truck accidents are straightforward, and an independent investigation of the incident is often necessary to determine liability. Evidence must be gathered and preserved to prove how it took place, who was at fault, and who is liable for damages incurred. An experienced attorney will know the best way to conduct an in-depth investigation into a truck accident to determine what evidence is necessary for bringing a claim forward.
- Letter of Spoliation: After a big rig crash in Concord, the attorney hired to represent the claimant in their case will send a letter of preservation of evidence to all defendants. This letter serves the purpose of placing at-fault parties on notice of a potential claim and requires them to not alter nor destroy any evidence in connection to the incident. Failure to comply with the formal request may result in the court imposing sanctions for spoliation.
- Protect Your Rights: In an ideal world, the insurance company would make a fair settlement offer for a claimant injured in an accident caused by the negligence of their insured. However, this does not always happen in all commercial truck accident cases. An insurance carrier may attempt to take advantage of an injured party by downplaying the value of their bodily injury claim or outright denying it. By working with an experienced attorney, you will have an advocate that will protect your rights and interests throughout the claims process.
- Negotiate a Settlement: Having an attorney may work to your advantage when it comes to insurance settlement negotiations. A lawyer will work to identify all at-fault parties and available insurance coverages. The attorney handling the civil case will also work with expert witnesses to calculate the accurate values of economic damages and non-economic damages. The primary goal of legal counsel will be to negotiate a fair settlement that covers all past and future losses related to the semi-truck crash.
- File in Civil Court: If the insurance company representing the at-fault party is unwilling to agree to a reasonable settlement, the attorney representing the claimant may file the case in civil court to protect the statute of limitations. If the case is not settled during litigation, the lawyer may take the case to court for a jury to decide an appropriate award for the claimant and the harm they have endured because of the other party’s negligence.
As you may see, the benefits of retaining legal counsel are endless when it comes to a commercial truck accident case. To protect your future and that of your loved ones, it is essential to hire the best truck accident lawyer in your area to ensure that your rights are protected. For details on how to find the right accident attorney for your civil case, watch this video.Contact a Truck Accident Attorney in Concord Today
The days, weeks, and months following a truck accident in Concord may be challenging, to say the least. Our injury lawyers at our law firm are standing by to assist you by handling all aspects of your case so you can focus on what really matters: your recovery and being with your family. Give us a call today to learn more about our legal team and how we can help at (925) 428-5220 or (800) 404-5400. Our attorneys are available anytime to provide free, friendly case advice.
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