Whether it is a truck accident on I-5, a truck accident on I-405, a truck accident on I-10, a truck accident on 710, or another heavily traveled road, the bottom line is that truck accidents happen all too often in Los Angeles and maim or kill many people. Those truck accident victims fortunate enough to survive may have a long, tough road ahead of them as they start their journey of recovery.
If you are a victim of such a crash, a truck accident lawyer in Los Angeles at Salamati Law can help you obtain the maximum compensation you deserve for your injuries.
How Can Salamati Law Help with a Los Angeles Truck Accident Lawsuit?
Truck accidents are among the most complicated of motor vehicle accident claims. If you were injured in such an accident, you want an attorney with a strong track record of obtaining substantial settlements and verdicts for clients. At Salamati Law, our settlements and verdicts include:
- $1,185,000 for a motorcyclist cut off by a truck
- $906,000 for a pedestrian when a truck crashed into a store
- $800,000 for a truck vs. car accident
- $410,000 for an elderly woman T-boned by a truck
What are the Most Common Causes of Semi-Truck Accidents in California?
A jackknife accident occurs when a truck’s cab and trailer pivot, causing the two components to turn into a V shape as with a jackknife. When a truck jackknifes, other vehicles in its vicinity are often hit either by the truck itself or its cargo spilling out onto the roadway.
A dangerous right-turn accident can happen when a smaller vehicle attempts to squeeze past the truck to turn to the right at the same time the semi is turning.
When a delivery truck accident occurs, it is often due to truck driver’s unfamiliarity with the area, long work hours, and lack of training of drivers before they are put behind the wheel and expected to do their jobs.
Unfortunately, accidents caused by truck driver fatigue are still too common, even though the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has long had regulations in place limiting how long drivers can stay on the road and mandating 10-hour breaks after each 14-hour shift.
Common Trucking Accident Injuries
Many truck accident injuries are catastrophic, meaning the person will never fully recover. Other frequent truck accident injuries can involve months or years of healing.
The most common trucking accident injuries include:
- Amputations
- Broken bones
- Internal bleeding
- Internal organ damage
- Spinal cord injuries
- Traumatic brain injury
Tragically, many truck accident victims succumb to their injuries. In such cases, surviving family members or the personal representative of the estate may file a wrongful death lawsuit.
What to Do After a Truck Accident in Los Angeles
Because so many truck accident victims sustain horrific injuries, there is often little they can do in the immediate aftermath of a crash than hope that someone calls 911. Of course, if you are conscious, calling 911 is the first thing you should do after getting yourself off the road and out of harm’s way.
Document the truck accident to the extent that you are able. That includes taking photos or videos of the accident scene, including any road conditions that may have contributed to the crash. If possible, photograph your own injuries.
Get the name of the driver and trucking company, as well as their insurance and contact information.
If there are eyewitnesses, obtain their names, addresses, and contact information.
Many truck accident victims are so badly injured that going to the emergency room is imperative. However, some occupants of a vehicle struck by the truck may think they got by unscathed. Even if you do not believe you were seriously hurt, you should always seek prompt medical attention after a truck accident either by going to the emergency room or an urgent care facility.
Even serious injuries are not always apparent in the adrenaline rush that follows a traumatic event. By not obtaining an immediate examination and treatment, you are jeopardizing more than your own health. You are also jeopardizing your truck accident claim. The trucking company’s insurers will almost certainly attempt to minimize the seriousness of your injuries or even if they were caused by the accident if you wait for diagnosis and treatment.
Finally, make sure to contact a Los Angeles truck accident lawyer at Salamati Law as soon as possible after the accident.
What Not to Do After a Truck Accident
After a truck accident, avoid posting anything about your claim on social media. Insurance company employees scour social media after a claim, looking for anything they can twist about the seriousness of your injuries or your part in the collision. Even an innocuous post such as “I’m feeling better,” meant to alleviate the concerns of relatives and friends, can be used by the insurers to show the severity of your injuries is exaggerated.
The trucking company’s insurer may contact you soon after a truck accident, offering you a swift settlement. Never agree to a settlement before consulting a Los Angeles truck accident lawyer. Insurance companies make lowball offers to settle cases cheaply and quickly. Once you agree to a settlement amount, there is no going back, even if it turns out your injuries and prognosis are far worse than originally thought.
Who is Liable in a Truck Accident Case?
Unlike most motor vehicle accidents, there are often several potential defendants in a truck accident case beyond the truck driver and trucking company. It is part of a Los Angeles truck accident lawyer’s job to investigate the claim thoroughly and determine who may be held accountable.
For example, when defective equipment caused the crash, the manufacturer, dealer, or a repair facility may prove liable. One common cause of jackknife accidents is improperly loaded or secured cargo, which means the freight company may be held liable. If poorly maintained roads contributed to the collision, the governmental authority in charge of the road may be held accountable.
What is the Average Settlement for a Semi-Truck Accident in California?
The settlement for a truck accident lawsuit in California depends upon the circumstances of the case and the severity of the plaintiff’s injuries. Since there is no central repository in California for this type of information, determining the average settlement is more of a guesstimate than hard numbers. In addition, since most truck accident claims are settled rather than going to trial, the negotiations generally include a confidentiality agreement.
Much will depend on the amount of insurance coverage held by the defendants and the determination of liability. Overall, a person suffering minor injuries from which they should soon recover can expect a settlement in the thousands of dollars, while a person who is severely injured and may never work again may receive hundreds of thousands of dollars or even $1 million and up. Keep in mind that California is a pure comparative negligence state when it comes to liability. Even if the plaintiff was 99 percent responsible for the accident, they could still collect damages for that 1 percent of the accident that was not their fault. Any award is reduced by the percentage of fault, as determined by a jury. For instance, if the jury finds the plaintiff 30 percent at fault, a $100,000 award is reduced to $70,000.
How Do You Prove a Truck Accident Case in Los Angeles?
To prove negligence in a Los Angeles truck accident case, the plaintiff’s lawyer must show that the truck driver owed the victim a duty of care. That involves the responsibility all those behind the wheel have toward other drivers. Due to negligence, the truck driver breached their duty of care. It was that breach that caused the victim to suffer damages.
Measures taken to prove a truck accident case include checking whether the truck driver was following state and federal hours of service regulations when the accident happened. In some cases, we hire an accident reconstruction expert to analyze exactly what took place using sophisticated technology. We work to obtain surveillance or other video of the crash. Every aspect of the accident is investigated thoroughly.
What is the Time Limit for Filing a Truck Accident Case in California?
In California, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. Failure to file a lawsuit by that deadline generally means your case cannot go forward.
In a wrongful death lawsuit, the statute of limitations is two years from the death date.
The Truck Accident Law Firm That Angelenos Trust
If you or someone you know has been seriously injured in a truck accident due to another party’s negligence or recklessness, you need the services of Salamati Law, the truck accident law firm trusted by Angelenos due to our strong track record. Schedule a free, no-obligation consultation today.
Because we work on a contingency basis, you pay no fee unless you receive compensation.
Resources:
- S. Department of Transportation, Office of Highway Policy Information Tables: Top 25 Most Traveled Locations by Average Annual Daily Traffic (AADT), https://www.fhwa.dot.gov/policyinformation/tables/02.cfm
- California Legislative Information, Status: SB-1236 Commercial driver’s license: education., https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201720180SB1236
- NHTSA, The Economic and Societal Impact of Motor Vehicle Crashes, 2010 (Revised), https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812013
- CRC Group, Truck Accident Frequency, and Claims Severity on the Rise, https://www.crcgroup.com/Tools-Intel/post/truck-accident-frequency-and-claims-severity-on-the-rise?portalid=34
