Truck accidents can be caused by a variety of factors, including the following:
Driver Fatigue
Driver fatigue is one of the leading causes of truck accidents. Long hours on the road can lead to drowsiness and slower reaction times for drivers. This creates dangerous situations on the road. To combat driver fatigue, truckers and trucking companies should practice effective safety protocols such as mandatory rest breaks to avoid being overworked.
Intoxication
Drug or alcohol use is another common contributor to large truck accidents. Intoxication impairs driving ability, leading to slower reaction times, difficulty staying in lanes, and an increased risk of crashes. Trucking companies should have a zero-tolerance policy for drug and alcohol use, as well as conduct regular checks to ensure that drivers are not impaired.
Improperly Loaded Cargo
Improper loading of cargo is another cause of large truck accidents. If cargo is improperly loaded or balanced, it can shift during transit and lead to truck rollovers, jackknives, and collisions. To ensure proper cargo loading, drivers should take the time to secure cargo before getting on the road.
Distracted Driving
Distracted driving is also a major cause of truck accidents. Using cell phones while driving can create dangerous distractions that can lead to crashes. Trucking companies should have strict policies in place to prohibit distracted driving, including a zero-tolerance policy for cell phone use while driving.
Poor Maintenance
Poor maintenance can lead to serious truck accidents. Bald tires, worn brake pads, and other issues are a recipe for disaster. Trucking companies should perform regular maintenance checks and make repairs promptly.
Determining Liability in Truck Accident Claims
Truck accident claims can be complicated, as they often involve multiple parties. To determine liability in a truck accident claim, all of the factors that contributed to the crash should be taken into account.
Possible liable parties could include truck drivers, trucking companies, cargo loaders, and part manufacturers. An experienced attorney can help you determine who is liable for your accident and pursue a successful claim against them.
Types of Damages Available to Truck Accident Victims
When you file a truck accident claim, you may be entitled to compensation for various types of damages.
Lost Wages
If you’ve been injured in a truck accident and are unable to work, you may be able to recover compensation for your lost wages.
Medical Expenses
You may also be entitled to compensation for any medical expenses incurred as a result of the accident. This includes past, present, and future medical bills associated with the treatment of your injuries.
Pain and Suffering
You may also be able to recover compensation for pain and suffering caused by the accident. This may include physical, mental, and emotional distress resulting from the crash.
Property Damage
If your vehicle has been damaged in the accident, you may be able to recover compensation for the cost of repairs or replacement.
Punitive Damages
In some cases, punitive damages may also be awarded to punish reckless behavior or negligence on the part of the liable party. This can only happen for personal injury cases that go to trial.
Specific California Laws in Truck Accident Claims
The state of
California has specific laws and regulations related to truck accidents. It is important to understand these laws before filing a claim with your Woodland Hills truck accident attorney, as they can affect the process and outcome.
Pure Comparative Negligence
Under California’s pure comparative negligence law, you can still recover damages even if you are partially at fault for the accident. Your total compensation will be reduced by your percentage of fault.
Statute of Limitations
You must file a truck accident lawsuit within two years from the date of the accident or else you may be barred from recovery. There are some exceptions to this law.
Duty to Report Accidents
California law requires that all truck accidents involving injury, death, or property damage must be reported to the department of motor vehicles within 24 hours.
Non-Economic Damages for Uninsured Drivers
California does not allow drivers without insurance to recover compensation for non-economic damages, such as pain and suffering.
No Cap On Settlement Compensation
Unlike some other states, California does not place a cap on the total amount of damages that can be recovered through a settlement.
Injuries from Truck Collisions
Truck collisions can cause serious, life-altering injuries. Common truck accident injuries include:
- Head and neck injuries
- Traumatic brain injury and concussions
- Whiplash
- Spinal cord damage
- Broken bones and fractures
- Soft tissue injuries such as sprains and strains
- Internal injuries
- Amputation and disfigurement
- Emotional distress and PTSD
- Wrongful death
How Our Woodland Hills Truck Accident Attorneys Can Help You
Working with an experienced Woodland Hills truck accident attorney can help you recover the maximum compensation for your injuries and losses. A Woodland Hills attorney can help hold negligent truck drivers liable by:
- Investigating your case to determine liability
- Gathering evidence, including medical records and police reports
- Negotiating with insurance companies on your behalf
- Representing you at trial if necessary
- Filing necessary paperwork and ensuring all deadlines are met
- Updating you on the progress of your case
- Fighting to ensure you receive the maximum compensation for your claim
- Calculating your settlement amount based on your damages
- Advocating for your best interests throughout the process
If you have been injured in a Woodland Hills truck accident, contact an experienced attorney today to discuss your options. If you lost a loved one, your lawyer can help you file a wrongful death claim.
A knowledgeable attorney can help you understand your legal rights and pursue a successful claim against the responsible party. Reach out to Howell LLP in Woodland Hills now for a free consultation.