CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

Lincoln Truck Accident Lawyer

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You are traveling on Nicolaus Road headed to the Lincoln Regional Airport when an 18-wheeler slammed into your vehicle. Your car is effectively demolished, and you suffer debilitating, potentially life-altering injuries. An investigation into the collision revealed that the big rig operator was intoxicated at the time of the wreck.

If you or a loved one was involved in an accident with a large commercial truck, contact an experienced Lincoln truck accident attorney as soon as you can. Why? Because large trucking companies often employ teams of investigators, claims adjusters, and defense attorneys who go to work right away after a major collision involving one of their big rigs. This means that if you delay in hiring an injury lawyer, you can instantly be giving the trucking company an advantage in your case.

You probably have some questions regarding the personal injury claims process. Our Lincoln, CA truck accident attorneys are here to help. Below is important information to assist you in your search for an injury attorney and the truck accident claims process in general.

Contingency Fee Arrangement for a Truck Accident Case

The common stereotype of lawyers is that they require clients to pay a big retainer fee upfront in addition to exorbitant hourly fees. Not so with Lincoln truck accident lawyers. We operate on a contingency fee basis. This means that you pay nothing upfront. No retainer fee. No hourly fee. Your truck accident attorney only gets paid when they obtain a financial recovery in your case either through an insurance settlement or jury verdict.

Do Not Provide a Recorded Statement to the Insurance Company

Shortly after a major accident, do not be surprised if you receive a call from an adjuster from the insurance carrier for the commercial trucking company. This adjuster will typically ask you about the accident and “how you are feeling.” They will then ask if they can record your statements to their questions.
 
Please understand that you have no legal obligation to provide a recorded statement. In fact, it is recommended that you do not consent to be recorded because those statements could be used against you later on in the litigation process. If, or when, you receive this call, you can politely decline and, if you have retained the services of an attorney, simply direct them to contact your lawyer for additional information.

Proving Negligence in a Commercial Truck Accident Case

Many people mistakenly believe that if a truck operator slams into their vehicle, the truck operator will need to go into court and try to explain their reckless actions. The truth is that, in the context of a personal injury case, the plaintiff (i.e., you) is required to establish liability. To determine liability, you need a skilled Lincoln truck accident lawyer who can show that the truck driver and/or other related defendants owed a duty of care to you, the defendant(s) breached that duty, and that breach proximately caused your injuries.

To accomplish this, your lawyer needs to be ready to investigate your accident and collect vital evidence that will form the basis for a persuasive case. Your lawyer will collect investigative reports filed by police, retrieve truck maintenance and repair records during the discovery process, speak to any eyewitnesses and take depositions of the truck operator and other relevant parties, and review logbooks and other important data that is maintained within most commercial big rigs.

Your Lincoln truck accident lawyer can also retain experts who can support your lost wage claim, especially if your injuries are so extensive that you may never be able to return to work again.

Why Trucking Accident Cases are Challenging

One of the most publicized truck accident cases in recent memory involved famous comedian Tracy Morgan. He was in a limo bus in New Jersey when it was hit a Wal-Mart big rig. The wreck was quite serious involving multiple occupants suffering catastrophic injuries (e.g., Tracy Morgan suffered a traumatic brain injury) and fatalities. An investigation revealed that the operator of the big rig was awake for more than 24 hours and fell asleep while behind the wheel, according to the New York Daily News. The driver pled guilty to criminal charges stemming from his reckless conduct.

Despite the overwhelming evidence of negligence and carelessness on the part of their employee, Wal-Mart’s defense team tried to argue that Tracy Morgan’s injuries were caused primarily by his failure to properly wear an appropriate “available seat belt restraint device,” according to Deadline.com. This is what large trucking companies do. They look for anything that can possibly reduce liability on their part, and they will try to use it to their advantage.

Tracy Morgan’s truck accident injury case continued for another year until the parties ultimately reached a settlement for an undisclosed amount (though some have speculated that the amount was close to $100 million).

As you can see, it is possible to obtain a sizeable settlement or verdict against a large commercial trucking company. But you need to be prepared for a battle with difficult insurance companies and truck firms. The best way to prepare is by having the best truck accident attorney on your side. 

What is the Statute of Limitations on Trucking Accident Cases in California?

Do not delay in speaking to an experienced attorney and getting a commercial trucking accident lawsuit filed. The California legislature has enacted a law that limits the amount of time within which an injured party can file a civil lawsuit. A claimant has two years to file a personal injury lawsuit under the California Code of Civil Procedure Section 335.1. If you fail to file suit within this period, you could be barred from going forward.

The video below explains how long it would take a truck accident lawsuit to resolve.

Call a Lincoln, CA Truck Accident Lawyer Today

If you have suffered serious injuries in a crash involving a commercial tractor-trailer, contact a Lincoln, CA truck accident lawyer at our law firm to discuss your potential personal injury claim. Call one of our attorneys today at (916) 921-6400 or (800) 404-5400 today for free, friendly advice.

Our law firm has been handling trucking accidents involving serious personal injury or wrongful death exclusively throughout California since 1982.


See a list of our past cases on our verdicts and settlements page and our client reviews on Avvo, Yelp, Google.

Editor’s Note: This page has been updated for accuracy and relevancy [cha 2.25.21]

Photo by: Pixabay

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Client Reviews
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"Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!" Alex & Dinah M.
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"Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation." Beverly
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"Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything." Annie T.
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"I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone." Shannon D.
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"Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury." David M.