Having an accident with a truck can have lasting consequences for your health, as well as your finances. An accident with a heavy and large vehicle such as a commercial truck can cause devastating injuries and fatalities and can be life-changing for the survivors.
Unfortunately, recovering compensation in such a truck accident can be anything but straightforward. It can be a complicated and lengthy process to find out who is ultimately responsible for your damages and hold them to account.
Most accidents with trucks are preventable. According to the U.S. Department of Transportation (DOT), many accidents happen due to driver-related causes such as fatigue, driving under the influence of drugs and alcohol, driving distractedly, or driving too fast for road and weather conditions. It can be frustrating for those impacted by a truck accident to find out that someone else’s inattention or intoxication caused their injuries or their loved one’s death.
If you suffered injuries in such an accident, you might be left with mounting medical bills, lost wages, and property damage. However, if the accident was the truck driver or truck company’s fault, you could have legal recourse, and help from a truck accident lawyer is available for you. Contact Pintas & Mullins Law Firm today for help with your case at (800) 794-0444.
Is It Worth Hiring a Truck Accident Lawyer?
If you or a loved one recently suffered injuries in a truck accident, you might wonder whether it is worth hiring a lawyer. Accidents with a truck can be quite different and more complicated than a simple car accident.
A Lawyer Can Determine Who Is Liable
In a truck accident, it can be challenging to determine the liable party. You could potentially hold the driver responsible, the truck company, the owner of the truck, the company that loaded the cargo, or even a company that maintained and serviced the truck.
It can be tricky for a layperson to understand who to pursue in order to receive compensation for any damages. A lawyer can help to determine liability in such cases, and help with recovering compensation from the liable party or parties.
A Lawyer Can Fight for You
Trucking companies may have extensive resources and teams of lawyers to fight any claims from accident victims. Their insurance companies may also try to keep any settlements low. It can be beneficial to have a lawyer by your side who can negotiate on your behalf, knows the applicable laws, and who will have your best interests at heart.
A Lawyer Can Protect You
After an accident, the truck company or their insurance may approach you with any settlement offers and may try to resolve the dispute to their advantage. While it could be tempting to agree to a quick settlement, you have the option of hiring a lawyer and letting them handle any negotiations for you.
This can potentially prevent you from ending up with a settlement that might not cover all of your damages and future expenses related to an accident. A lawyer can help to protect you and your family now and into the future.
A Lawyer Can Give You Peace of Mind
When you have been through a traumatic accident and are suffering from any injuries, dealing with the legal aspects of your case can be challenging and emotional.
A lawyer can help you with all aspects of building your case and represent you in court, leaving you free to focus on your health and well-being first and foremost. Hiring a lawyer means that you do not have to worry about the legal side and how to prove your case in the eyes of the law, as a lawyer can fight for you and help you get justice and compensation.
Should I Hire a Truck Accident Lawyer for a Minor Accident?
Generally, hiring a lawyer after any accident with a truck can help protect your best interests and those of your family.
Even if your damages and injuries are not extensive, you may wish to consult with a lawyer for advice and to help you receive a settlement you deserve. Consider that your injuries, while they may not appear serious right after an accident, can develop in the coming days, weeks, or even months.
It is possible to walk away from an accident feeling fine, only to be in agony from back or neck injuries later on. This can be due to our bodies producing adrenaline during and immediately after an accident, which can suppress pain.
Some injuries that may take some time to appear after an accident can include head injuries, neck injuries, and back injuries. What you may perceive as a harmless headache days after a crash can turn out to be a brain injury. A minor back pain that suddenly gets worse days or weeks after an accident could be a herniated disc or spinal injury needing surgery.
Truck accidents can be particularly traumatizing as big and heavy commercial vehicles can cause great damage and injuries. You could suffer from psychological effects that show up later, such as post-traumatic stress disorder (PTSD).
Even if the accident was minor, you might be hesitant to drive again and go about your daily life due to any psychological consequences from an accident with a truck. Psychological traumas from accidents can manifest many months later and may need expensive treatment such as therapy and medication.
Even after a minor accident, it can be important to protect yourself, especially if you were hurt at all. Most of all, getting advice from a lawyer can help avoid a truck company or insurance taking advantage of you. A lawyer can analyze your case to see if the coverage or any settlement you are due to receive is fair. A lawyer can also negotiate with insurance companies if needed.
A lawyer can advise you on whether any legal action could be in your best interest and what your next best steps could be. If you were in an accident with a truck, talk to us today and find out whether you could receive compensation. Call Pintas & Mullins Law Firm now for a free case evaluation.
For a free legal consultation with a Truck Accidents Lawyer serving Los Angeles, call (800) 794-0444
What Is the Average Settlement for a Truck Accident?
When a large truck or other large commercial vehicle is involved in an accident with a passenger car, it can end with extensive or fatal injuries and property damage for the car driver and passengers. According to the DOT, nearly 4,300 Americans died in accidents with large trucks in 2017 alone. Those that survive may have debilitating and life-changing injuries and disabilities.
Generally, if you suffered any injuries or a loved one died in an accident with a truck, you could have the option of filing a personal injury or wrongful death lawsuit against the liable party. However, it can be almost impossible to know what the average settlement is worth to victims as the amount of any settlements and awards depends on the severity of any injuries as well as the other circumstances of your specific case.
In order to receive any settlement, you will have to prove that the other party or parties were responsible for your accident and acted negligently. In order to have a case, you will need to prove the following elements:
- The defendant owed you a duty of care
- The defendant breached the duty of care
- The breach caused the accident and your injuries
- You have damages
While the negligence of the other party may be obvious to you, a judge will want to see hard evidence. A lawyer can work on proving your case and potentially help you get a settlement you deserve.
A lawyer can tell you what type of settlement you could expect in your specific truck accident case. A lawyer can also explain the necessary steps and initiate legal action in order to try and recover any compensation.
Contacting a lawyer immediately after your accident can be helpful for recovering a settlement, as a lawyer can help you collect evidence and witness statements that potentially strengthen your case. A lawyer can also consult with and provide expert witnesses that can help your case.
In order to preserve your best chances to recover a settlement for your damages, you should act quickly. The statute of limitations sets a deadline to file your lawsuit, and it varies by state. The quicker you act, the more time you and your attorney have available to fight for an adequate settlement.
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What Damages Can I Collect for a Truck Accident?
An accident with a large truck can cause extensive injuries, property damage, and death. The victims may have life-changing injuries that could leave them unable to return to work or lead an independent life. If someone dies in a truck accident, the whole family could potentially suffer financial hardship. Fortunately, there are ways in which you can receive compensation that can help with the financial consequences of a devastating accident.
If you suffered any injuries in an accident with a truck that was the truck driver’s or truck company’s fault, you could potentially collect compensation if you file a personal injury lawsuit. While every accident case is different, some of the damages you could receive can include:
- Medical expenses and future medical expenses
- Rehabilitation costs such as physical therapy
- Property damage
- Current and future lost income
- Transportation costs
- Help with daily tasks
- Physical and mental pain and suffering
- Loss of quality of life
- Loss of a limb or a sense
- Permanent disability
If your loved one died in an accident with a truck, you might be able to file a wrongful death lawsuit. Generally, compensation from such cases can include:
- Costs of medical treatment before death
- Loss of financial support and benefits of the deceased
- Funeral expenses
- Loss of future earnings
- Loss of inheritance
- Loss of companionship
- Emotional pain and suffering
There could also be other compensatory awards available to you and your family.
While a truck company or insurance may approach you after an accident in an effort to try and settle any damages quickly, it might be beneficial to consult with a truck accident attorney first before signing any documents or even speaking to the responsible parties.
A lawyer can be beside you and fight for your best interests. If you have any questions about your recent accident with a truck, consult with a lawyer as soon as possible.
We can tackle tough cases and fight for a fair settlement and compensation for you. In the first instance, we can offer you a free, no-obligation consultation to assess your case. Call Pintas & Mullins Law Firm today and let us determine whether you have a case against a truck driver or company.
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Can I Sue Someone Personally After a Truck Accident?
There are several ways in which you can seek compensation after a truck accident. Truck accidents can be more complicated than car accidents, as many parties could potentially be liable. Typically, the trucking company has the overall responsibility for drivers and operations. However, depending on your specific case, you could potentially sue any of the following:
The truck driver may be personally responsible for the accident. They may have fallen asleep behind the wheel, drove distracted, or drove under the influence of drugs or alcohol.
The Trucking Company
The company has the overall responsibility for the trucks and drivers. If a company has been hiring negligently or neglected training of their drivers, they could be liable. The company could also be liable if they neglected maintenance and inspections of their vehicles.
The Manufacturer of the Truck
If an accident happened due to a defect on the truck or any of its parts (that was not a maintenance issue), a manufacturer could be liable.
A trucking company may outsource various tasks such as maintenance of trucks, cargo loading, or the recruitment and training of truck drivers. A third-party vendor could, therefore, also be liable or share liability for your accident with another party.
While you may have the option of suing a truck driver or owner of a company personally, it is important that you take all factors into account in order to establish who is liable and who can be held to account, as there could be multiple parties responsible for your accident.
After a crash with a truck, it is crucial to examine all available evidence in order to determine the responsible and liable party or parties. A lawyer can help with this. The evidence could comprise police reports, medical reports, any evidence collected at the scene of the crash, traffic camera footage, and witness statements. Sometimes, accident reconstruction professionals can help to determine liability.
In order to determine whether you should sue a truck driver or other party personally, or whether you could hold several entities to account for your damages, you can consult with a truck accident attorney who can advise you on how to go about filing a lawsuit and against whom. Every case is unique, and it needs careful and skilled analyzing of the evidence to determine who is at fault in your specific accident.
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Will My Truck Accident Lawyer Deal with the Insurance Companies for Me?
If you have recently been in an accident with a truck, you may wonder whether you can get help handling all the paperwork and insurance companies. The good news is that a lawyer can negotiate with insurances on your behalf for the best possible outcome.
If a truck company or driver has been negligent in causing your accident, it may be in their interest to arrange for a quick settlement, and the company’s insurance may reach out to you. In this event, you are in no way obligated to accept any offers verbally or in writing. A lawyer can protect you from any potential low-ball settlement offers and make sure that you are not short-changed by the negligent party or parties.
Especially if you have serious injuries and property damage, you may wish to let a lawyer handle the legal aspects and negotiations with insurance companies, as this can be a good step in protecting yourself and your family from any present and future losses.
A lawyer can communicate with the liable parties’ insurances on your behalf so you do not have to worry about speaking to them and potentially saying anything that they could later use against you. A lawyer can also potentially negotiate a fair settlement for you. Insurers work for their clients and for themselves, but a lawyer can work for you, defending your best interests.
A lawyer will also try to protect you and ensure that a settlement covers the costs you have now, along with any medical expenses or other costs you may have in the future as a result of the accident. A lawyer can also help you gather the documentation and evidence needed for your claim, so you do not have to struggle on your own.
Having the help of a lawyer who knows how to handle insurances can be reassuring. A lawyer by your side can fight for a fair settlement, leaving you free to concentrate on what is most important, your recovery.
How Long Does a Truck Accident Claim Take to Settle?
There can be many variables that potentially determine how long it takes for a truck accident claim to settle. Timing can depend on the severity of the crash, how serious your injuries are, and the extent of any investigations into which parties are at fault.
An important factor in determining the length of time is also whether the case ends up at trial or finds resolution with an out-of-court settlement. Any settlements outside of a court are usually quicker. However, they may not give you the best chance to receive a fair settlement. Negotiations with insurances regarding liability and the amount of any settlements can still take some time, even if it does not come to trial.
If the case goes to court, a considerable amount of time can pass before the parties can settle a claim. In either case, having the help of a lawyer can help to speed up the process. A lawyer knows how to negotiate with insurances and can deal with all of the legal aspects of a case.
Investigating a truck accident can involve a considerable amount of research and gathering of evidence, as well as consulting expert witnesses and possibly accident reconstruction experts. All this can prolong the amount of time it takes to receive a settlement. However, the sooner you act, the sooner we can help you get potential compensation.
It might be best to contact a law firm as soon as you can after an accident, inquire about your options, and let the lawyer handle the case. The insurance companies of the liable parties may try to drag out any payments for as long as possible, potentially trying to wear you down into accepting lower settlements. Having professional representation can help make sure you are not taken advantage of.
If you have any specific questions about your truck accident case, and how long a settlement might take, be sure to call us today. While we may not be able to tell you exactly how long it will take to settle your truck accident claim, once we know the facts of your particular case and circumstances, we can offer our advice and opinion. We can also potentially help you get a timely settlement for your losses. Call Pintas & Mullins Law Firm today and speak to one of our team to find out how we could help you.
Do You Have to Go to Court for a Truck Accident?
Generally speaking, you do not have to go to court in order to settle a claim for a truck accident. A lawyer can also help you settle a case out-of-court. However, in certain instances, you might be able to receive a larger settlement if you do take the case to court in a personal injury or wrongful death lawsuit.
Bear in mind that even if you do not intend to file a lawsuit, a lawyer can still negotiate with insurance companies on your behalf, fighting for your right to an adequate settlement for your injuries and property damage.
Taking a truck accident case to court can take time. Insurance companies typically prefer to settle a claim outside of court, as this is usually less costly for them. Sometimes, an insurance company offers a low settlement, and the accident victim is unaware that accepting this can prevent them from searching for compensation in court.
A fair settlement can sometimes be reached with the help of a truck accident lawyer. This can result in a quick resolution without the need to go to court. However, if the parties fail to negotiate a satisfactory settlement, taking the case to court may be the only option to try and recover adequate compensation for your damages.
A settlement should cover all your damages related to the accident, such as medical bills, future medical bills, property damage, and loss of wages, among others.
Consult with a lawyer and discuss your particular case in order to determine what your best next steps could be. We do not want you to leave any money on the table that could help you and your family recover from a catastrophic accident with a truck.
Getting the help of a lawyer can be important, whether you intend to settle a claim out-of-court or at a trial. A lawyer who understands the local laws, federal regulations, and how to prove liability, can negotiate a fair settlement for you. If the case should go to court, a lawyer can represent you and fight for your interests.
What Happens if the At-Fault Party Doesn’t Have Truck Insurance?
Truck accidents can be extremely complicated and involve several liable entities. Not only can these accidents involve several at-fault parties, but they also potentially involve several insurance companies. Usually, an accident with a truck implicates the trucking company in one way or another, as the company is typically responsible for the overall operation, including drivers and the safety of vehicles.
Federal and state laws demand that trucking companies have adequate liability insurance. According to the Federal Motor Carrier Safety Administration (FMCSA),
This includes liability insurance of up to $5 million, depending on the transported materials. However, despite the laws, a trucking company might have inadequate insurance coverage, which can add complications to your case.
If the truck driver was responsible for your accident, finding out that they are uninsured can come as a shock. While it is possible that a truck driver does not have insurance, you may be able to hold the truck company responsible for any damages. Consulting with a lawyer can help shed light on your situation and find a way to get compensation.
In the unlikely event that both the driver and company lack adequate insurance, you could potentially file a claim with your own underinsured motorist coverage if you have any. You may be able to do this in addition to filing claims against a truck company or a driver, for example.
Unfortunately, truck accidents can be devastating and cause severe injuries and property damage to victims. The laws surrounding liability can be complex. Potentially dealing with several insurance companies and claims can make it exceedingly complicated for a layperson to recover their due, which can be frustrating, especially if the medical bills are mounting and there is no resolution in sight.
However, you are not alone, and help is available. Consulting with a lawyer can be helpful in getting you the compensation you deserve, even if the liable parties lack adequate insurance. We do not shy away from tough cases and will do anything possible to help you receive justice as well as compensation for your injuries. Timely action can be important and can help us build a case against a liable party. Call Pintas & Mullins Law Firm today to find out if you have a case and what your next best steps are.
Who Can Be Sued in a Truck Accident Case?
Truck accident cases can be much more complex than ordinary car accidents. It can be confusing to establish whom you could sue for compensation. Theoretically, you could sue any party that was negligent in causing your accident. Potential parties at fault can include:
- The driver
- The trucking company
- The truck manufacturer or parts manufacturer
- A maintenance company or mechanic
- A company loading the cargo
Typically, the truck driver is the first entity you and your truck accident lawyer will investigate for potentially being the at-fault party. However, a trucking company is responsible for schedules and for operating within federal and state laws and safety regulations, according to the FMCSA. They also have to ensure that their drivers have the right qualifications and training needed for the job, especially if they are responsible for big rigs and hazardous cargo.
If the trucking company hired negligently or broke any laws, they could be responsible for your accident. A trucking company can also be negligent if they failed to ensure that all vehicles were serviced, maintained, and repaired in a timely manner.
There are potentially several parties that could be held responsible in an accident with a truck. Having a truck accident lawyer by your side can help you find out who could be sued in your accident, as well as how to go about initiating a lawsuit against the responsible party or parties.
What Should I Do in the Days Following a Truck Accident?
The time after a truck accident can be stressful and upsetting, especially if you or a loved one suffered any injuries. However, the actions you take after an accident can be very important, especially if you are planning on later finding legal recourse for your injuries and property damage.
In the days after an accident, you will want to make sure that all your injuries are documented. Even if you only suffer minor symptoms or pains after an accident, it is important that you see a medical provider for a full check-up, and in order to document all your injuries in a medical report.
After an accident, you will also want to be conscientious and organized in collecting any evidence that can later help you to achieve a fair settlement. This includes not only medical reports but also all matters related to insurance claims, the contact details of any witnesses, as well as photographs and accident reports. Keeping all the evidence safe in one place can help you with a lawsuit later.
Finally, do not agree to any settlement offers from the at-fault party’s insurance before consulting with a Los Angeles truck accident lawyer who can negotiate for you. Getting legal advice in the days after the accident can help you weigh your options and next best steps for potentially recovering compensation.
What Should I Do at the Scene of a Truck Accident?
The first moments after an accident with a truck can be chaotic. However, your actions now will be extremely important. Here are some actions that you should take at the accident scene if you can:
Stay at the Scene
Driving away from an accident scene is an offense. Make sure you call the police and try to move to a safe place away from traffic, if possible. If you or others suffered any injuries, call for medical help.
Report the Accident
After the police arrive, they will typically create an accident report. Make sure that you tell the officer exactly how the accident happened. A police report can be important evidence if you need to take legal action later on.
Photographs can be excellent evidence. If you are able to take pictures at the scene, make sure you photograph the vehicles, all damage on vehicles, the accident scene, and any injuries.
Get Witnesses’ Contact Details
Make sure that you ask any witnesses for their contact details and note them down. Any witness statements or testimony can help you with your claim.
Get Medical Help
Even if you do not feel injured or your injuries are only minor, it is important that you get medical help as soon as possible after an accident. Some conditions may not manifest until several days or even weeks after an accident (for example, a traumatic brain injury). A doctor can examine you thoroughly and can confirm your injuries to the insurance company.
What Percentage Do Truck Accident Lawyers Take?
Every truck accident case is unique. The percentage that a Los Angeles truck accident lawyer will take after you receive your settlement can vary from case to case. Truck accident lawyers typically work on a “contingency fee,” which means that they will work on your case without charging any out-of-pocket costs or upfront attorney’s costs to you. In this case, a truck accident lawyer will only receive a fee if your claim is successful and you receive a settlement.
A truck accident lawyer may charge a percentage somewhere in the region of 25-40 percent, depending on a case and whether the case is settled out-of-court or evolves into a personal injury lawsuit. It is important to remember that professional representation can help you with your case, and that a truck accident lawyer is there to protect you from any future costs arising from an accident.
While you may be tempted to handle a case on your own, truck accident cases can be complicated and insurances will typically work in their own interests. They may decline your claim or offer a low settlement. A truck accident lawyer will work in your best interests.
Call Pintas & Mullins Law Firm for a free evaluation of your truck accident case. We will advise you on your specific claim and can explain the fee percentage that applies in a truck accident case.
What Lawyer Deals with Truck Accidents?
Truck accidents differ from car accidents in that they are typically more complex and can involve several at-fault parties. This means that you could be dealing with a number of defendants, their insurances, and their lawyers. Self-representation in these cases can be stressful, overwhelming, and may be unsuccessful in getting you the justice and compensation you deserve.
Hiring a truck accident lawyer with a track record of successful truck accident cases can be crucial for your claim. Your lawyer should handle all the legal aspects of your case which includes any correspondence with insurances and the defendants, and all negotiations on your behalf.
Due to truck accidents being a specialty, your truck accident lawyer needs to have experience with commercial truck cases. This means that they can call on expert witnesses, gather the evidence required for your case, and have the experience to fully investigate your accident. A truck accident lawyer also needs to possess excellent negotiation skills.
Make sure that your truck accident lawyer works on a contingency basis so that you have no financial risk and do not need to pay any attorney’s fees unless and until your attorney wins your case. Contact Pintas & Mullins Law Firm now to find out about how we handle truck accident cases: (800) 794-0444.
What Can I Do to Protect My Rights After a Truck Accident?
Not protecting your legal rights after a truck accident may make it difficult for you to obtain compensation. It is therefore crucially important that you know how to protect yourself at the accident scene and in the days after the accident. At the scene of an accident, you should call the police and get a police report of your accident. You can also take photographs that could serve as important evidence later on. Keeping a journal and documenting the accident, any injuries, and the contact details of witnesses can also help to protect you.
If you did not consult with a doctor immediately after an accident, you should do so as soon as possible. Documenting your injuries in connection with the truck accident is necessary if you want to receive compensation. Getting a timely check-up can also help you discover any injuries and treat them before they worsen.
Keep good records of all medical expenses, doctor’s notes, and treatment plans as this can all serve as evidence if you decide to initiate legal action later on.
Most important of all perhaps, do not make any verbal or written agreements with the at-fault party or their insurances before you consult with a Los Angeles truck accident lawyer. A truck accident lawyer can protect your rights and advise you accordingly.
How Much Will It Cost to Hire a Truck Accident Lawyer?
Suffering injuries and property damage in a truck accident can be scary and painful. You want to make sure that you have a truck accident lawyer by your side whom you can trust. A lawyer can protect you as well as professionally and strongly represent you in a court of law. Therefore, it is important to do your research as well as making sure that you do not have any financial risks in hiring a lawyer.
Although every case differs, you should ensure that your truck accident lawyer does not charge you any upfront attorney’s fees or out-of-pocket expenses. Hiring a lawyer who has the resources and expertise to take on a trucking company or other potential at-fault parties will be crucial for your case as well as your peace of mind.
Since a reputable truck accident lawyer will work on contingency and a “no win no fee basis,” you should have no upfront costs to pay. A lawyer will typically take their fee as a percentage from the settlement you receive. Therefore, there is no average cost for hiring a truck accident lawyer as the fees will depend on whether the lawyer wins your case and how much you recover. Pintas & Mullins Law Firm works on a contingency basis with no financial risk for you.
How Much Should You Settle for After a Truck Accident?
Every truck accident is unique and compensation can vary considerably. Therefore, it is impossible to put a figure to an average settlement in truck accident cases. However, if you suffered extensive injuries that have the potential to change your entire life, you will want to make sure that you receive your due from the negligent party in your accident.
A truck accident lawyer can help you calculate all your damages correctly and aim to protect you from all past, present, and future costs connected to your truck accident. You could potentially recover various amounts in economic damages such as medical expenses and material damages, for example. If your injuries are serious, you could also receive non-economic damages. This could be for any physical pain or emotional distress, and loss of life quality, to name just a few examples.
As a general rule, the more serious and long-lasting your injuries are, the higher your settlement could be. However, in order to understand your claim fully and calculate your damages and settlement accurately, enlisting the help of a truck accident lawyer can be important.
How Much Is a Rear End Truck Accident Worth?
In calculating the worth of a rear-end truck accident, several factors will come into play such as the extent of property damage and the severity of your injuries. There is no typical compensation amount for a rear-end truck accident as every case is unique and settlements can vary greatly from one case to another.
However, getting rear-ended in an accident with a large and heavy truck rarely ends well for the drivers and occupants of other motor vehicles such as an average car. Injuries may be extensive and could prevent an accident victim from returning to work. A truck accident lawyer, in calculating a settlement, will typically take into account all your costs such as medical expenses, lost wages, material damage, and out-of-pocket costs, among others.
If you suffered from extensive and disabling injuries, a lawyer will also calculate damages based on any pain and suffering, emotional distress, loss of limbs, and loss of life enjoyment, as well as others. Finally, a truck accident lawyer will take into account any future costs anticipated with your injuries, for example for rehabilitative treatments or ongoing medications and other medical expenses. Calculating your damages accurately is essential for recovering an adequate settlement.
If you want to get an idea of how much compensation you could receive in your specific case, contact Pintas & Mullins Law Firm for a free evaluation of your truck accident case: (800) 794-0444.
How Much Do Lawyers Charge for Truck Accident Claims?
If someone else is the negligent party in your accident, for example the truck driver, trucking company, or truck manufacturer, you can most likely hire a truck accident lawyer on a contingency basis. This means that the lawyer takes the financial risk and you might not have to pay any fees upfront at all.
You might want to ensure that your truck accident lawyer does not charge attorney’s fees and retainers, and instead takes any fee as a percentage from your settlement if and when they win your case. This ensures that there is no financial risk to you and you do not have to worry about any costs during what may be a difficult and expensive time for you after a devastating accident.
Some lawyers, although they agree to work with you on a contingency basis, may charge you miscellaneous costs, for example for litigation expenses such as court fees or costs to obtain medical reports and other documents needed for your case. Others will cover all expenses upfront.
It is important that you know all these possible costs before hiring an attorney so that you do not get any unwelcome surprises in the form of unexpected bills. At Pintas & Mullins Law Firm, we do not charge any upfront costs and only get paid when we win your case.
How Long Do I Have to File a Lawsuit After a Truck Accident?
Generally, it is in your own best interests to act as quickly as you can after an accident, especially if you are thinking of taking legal action against the at-fault party or parties in a truck accident case. First of all, gathering the evidence and building your case will be much easier if tackled straight away rather than waiting months or even years.
After a considerable amount of time passes, witnesses may have moved away and documents that could be crucial evidence are mislaid or may have completely disappeared.
Also, consider that most states issue time limits called “statutes of limitations” for personal injury and wrongful death cases. So if you do not file in a timely manner, you might not be able to recover any compensation except in some rare circumstances.
In California, the statute of limitations for personal injury cases and wrongful death is generally two years starting with the date of injury or death. However, if you are suing a government entity, you may have to start the process within six months.
Timely action can be essential for receiving compensation in your accident case. Consulting with a Los Angeles truck accident lawyer can help you find out about the laws and time limits applying to your claim.
Can You Sue for a Truck Rear End Collision?
Rear-end car accidents are rarely dramatic and may not cause devastating injuries. However, getting rear-ended by a truck can be a completely different scenario. Trucks weigh many times as much as the average car and can cause a huge amount of damage even in a rear-end accident at a relatively low speed. Injuries to car drivers and occupants, especially those in the back seats, can be catastrophic and fatal.
Generally, you can sue the at-fault party in any accident where you can prove their negligence or recklessness, and this includes truck rear-end collisions. However, if you suffered only minor injuries and property damage, any insurance coverage may be sufficient and you may not wish to take the matter to court.
However, if you were seriously hurt in a rear-end accident with a truck and only limited insurance coverage is available, you may have to sue in order to recover all your costs now and in the future. You may have suffered extensive damages in medical bills and lost wages, for example, or might not be able to return to work at all. In a lawsuit, you could also recover awards for emotional and physical suffering.
Speaking with a truck accident lawyer can help you determine whether you have a claim in a truck rear-end collision.
When Should You Get a Lawyer for a Truck Accident?
If you or a loved one suffered injuries and property damage in an accident with a truck, you should consult with a truck accident lawyer as soon as possible. Some accident victims make the mistake to wait until they feel better or are fully healed before getting legal advice on their situation.
By that time, they most likely have medical bills piling up or have tried to negotiate a settlement with the at-fault party’s insurance, perhaps even signing documents or verbally agreeing to something that might not be in their best interests.
Having a truck accident lawyer by your side immediately after an accident can protect you from pushy insurances that want to settle your claim as low as possible. A truck accident lawyer can help you ensure that you do not leave any money on the table by calculating all your damages and negotiating with the insurance. If your lawyer cannot achieve a fair settlement for you, they can fight for your rights in court.
Your truck accident lawyer can also help gather important evidence right away after an accident as well as deal with other necessary paperwork. This leaves you free to concentrate on your recovery. It can therefore be in your best interests to speak with a Los Angeles truck accident lawyer as soon as you are able to do so after an accident.
How Do I Find a Good Truck Accident Lawyer?
A good car accident lawyer is not necessarily a good truck accident lawyer. Accidents with commercial trucks can be extremely complex and challenging to litigate. Truck accidents require a different skillset and experience when compared to car accidents. They can involve quite different federal and state laws as well as numerous regulations that are unique to the trucking industry.
Investigating truck accidents typically requires tenacity as well as technical knowledge. It can also be important to call on expert witnesses and accident reconstruction professionals in order to prove your case, making these types of claims generally expensive to pursue.
Pintas & Mullins Law Firm can investigate truck accidents and build your case against a negligent driver, company, or third party. We know how to gather the evidence and specialists you may need to prove your case.
We can also calculate your damages appropriately with the aim to protect you not just in the present but also in the future. Not all law firms have the manpower and resources to handle complicated and costly truck accident cases. Call us today at (800) 794-0444 and speak to one of our team members about how Pintas & Mullins Law Firm could help you.
What Does a Truck Accident Lawyer Do?
A truck accident lawyer can help the victims of negligent truck drivers or trucking companies in a number of different ways, including but not limited to:
A truck accident lawyer can help to evaluate your case and explain the applicable laws to you. They can advise you on your legal options and your best next steps for recovering compensation.
Investigate the Accident
A truck accident lawyer has the resources to investigate your accident fully. They can interview witnesses, gather any documents needed as evidence, and examine technical data such as the truck’s black box. A truck accident lawyer can also investigate a trucking company to find out whether they complied with laws and regulations.
Negotiate with Insurances
Sometimes, a truck accident lawyer can reach an out-of-court settlement through negotiation with the applicable insurances. If this is not possible, a truck accident lawyer can take a case to court and fight for your rights and compensation.
A truck accident lawyer can help you in various ways and ensure that you understand the legal processes and technicalities surrounding your case. Since it can be challenging to prove negligence in a truck accident case, having professional legal counsel and representation on your side can be reassuring.
What to Do After a Truck Accident
After an accident with a truck, you may be in shock and pain from any injuries. You may not know what to do next. After dialing for emergency services at the accident scene, making sure that you and others are safe, there are several steps you can take to protect yourself.
You will want to get medical advice as soon as possible, whether you have any obvious injuries or not. A medical provider will determine your injuries and recommend treatment or care. It is important that you seek medical treatment and act on your doctor’s recommendations as not doing so could potentially prohibit you from seeking compensation for your injuries.
You will also need to identify all those involved in your accident and collect their contact details. This can include the contact information for the truck driver and trucking company, and any others involved in the accident. You will need this information to hold all potentially liable parties to account later.
If possible, try to identify any witnesses and obtain their contact details. Eyewitness statements or testimony can be important if you later intend to file suit.
Most importantly, if someone else is at fault for your accident, such as the truck driver or trucking company, you should consult with a truck accident lawyer as soon as possible to find out about your rights and the next best steps.
How Truck Accidents Are Different Than Car Accidents
Truck accidents differ markedly from car accidents due to several reasons. In a car accident, the at-fault driver’s insurance is typically the party you are dealing with. In a truck accident, there could be several liable parties, insurances, and lawyers involved in a claim. You might be dealing with a truck driver, the trucking company, or a third-party such as the truck maintenance company. You could even have a claim against a truck manufacturer or a parts manufacturer.
While there may be more avenues to pursue compensation in truck accidents, with potentially several liable parties, these types of claims can also be immensely challenging. Determining who is liable and proving negligence can be an uphill battle for accident victims in truck accident cases.
Truck accidents can also involve a number of federal and state laws as well as regulations. A trucking company may be negligent if they did not observe these specific laws and regulations. Holding them accountable can be complicated and lengthy and demands an intimate knowledge of the applicable laws. Evidence may include conducting research into a company’s records, policies, and procedures.
Without the help of a Los Angeles truck accident lawyer, holding the at-fault parties to account in a truck accident can seem like a daunting and almost impossible task.
Is the Truck Driver or Trucking Company Responsible in a Truck Accident?
Determining responsibility in a truck accident is not always easy. However, in order to recover compensation, you will need to identify who is responsible for the accident. In theory, a truck accident could have several defendants, including the truck driver, the trucking company, other third party contractors, or a truck manufacturer.
The truck driver may be employed by the trucking company or they may be an independent contractor, for example. However, if the truck driver broke the law such as driving under the influence of alcohol or drugs at the time of the accident, they may be wholly liable for your accident.
Generally, the trucking company is responsible for overall operations including drivers. If a trucking company hired negligently, for example by not checking the driving record or qualifications of a driver, they may be partially or wholly responsible for your damages. They could also be responsible if they rushed a driver by issuing unrealistic schedules or deadlines, and a driver’s fatigue caused the accident.
If you are unsure who is liable for your accident, you should seek advice from a truck accident lawyer who can analyze your specific case and help you hold the negligent party to account.
Types of Truck Accidents
Truck accidents, similar to car accidents, can vary depending on how and where the accident occurred. Some of the types of accidents with trucks include:
If a truck driver drives distractedly, follows too closely, or fails to react to a car stopping suddenly, rear-end accidents can happen. While rear-end accidents with other cars can be harmless and might only cause property damage, being rear-ended by a huge and heavy truck can have devastating consequences for car drivers and their occupants.
An underride accident can cause catastrophic injuries as well as fatalities. This type of accident typically entails a car striking the back or side of a truck and sliding underneath. The roof of the car may be crushed or even sheared off completely.
Rollover accidents are extremely dangerous for other road users as well as the truck drivers. They can result from a driver losing control in a curve or cargo being loaded incorrectly, causing an imbalance. A tire blowout can also cause rollover accidents. If a truck is carrying hazardous cargo, a rollover accident can be especially dangerous for all those involved.
Accidents with trucks all have in common that they can cause great damage and horrific injuries. If you suffered injuries or your loved one passed away in an accident that was a truck driver’s fault, contact Pintas & Mullins Law Firm for advice with your case.
What Do Truck Accident Lawyers Do?
Truck accident lawyers can help you if you got hurt in an accident with a truck that was the truck driver’s or another party’s fault. First of all, a truck accident lawyer can advise you on your options and the best course of action in your accident claim.
A truck accident lawyer can help you hold the responsible parties to account for your damages such as medical expenses, lost wages, and any others that may apply. A truck accident lawyer can build your case by gathering the necessary evidence, documents, and witness statements to prove negligence.
Truck accident lawyers understand all the applicable laws governing truck drivers and trucking companies, and can handle these tough cases. They are also familiar with how to research your case and investigate your claim fully, whether that entails looking at traffic camera footage, trucking company schedules and hours-of-service documentation, or checking a driver’s background.
Truck accident lawyers can also negotiate with insurances to try and achieve a fair and comprehensive settlement for you. If they are unable to secure a satisfactory settlement, a truck accident lawyer will fight for you strongly and passionately in a court of law.
How Negligence Is Established in a Truck Accident
Proving negligence in a truck accident is crucial if you want to receive compensation for your damages. Suffering injuries and property damages in an accident with a truck does not automatically entitle you to compensation.
You will have to prove that either the driver, company, or another party acted recklessly or negligently in causing your accident. In a personal injury lawsuit, your truck accident lawyer will want to prove that the truck driver had a duty of care towards you, that they breached their duty of care, and that this breach caused the accident and your damages.
While in theory proving negligence seems simple, truck accident cases usually require a great deal of investigation and research as several parties could potentially be negligent. Proving negligence may require scouring a driver’s or company’s logbooks, looking at technical data from the truck, and drawing on expert witnesses’ opinions.
Trying to establish negligence in truck accidents can be an uphill battle for an accident victim. However, a Los Angeles truck accident lawyer can be by your side and help you with all aspects of your accident case. A truck accident lawyer knows how to investigate a claim, build a case, and prove negligence in truck accidents.
Pintas & Mullins Law Firm Can Fight for You
We understand that accidents with big commercial trucks can be life-changing and traumatic, whether you suffered property damage, extensive injuries, or lost a loved one. Not only can victims suffer from disabling injuries, but a devastating accident can also cause financial turmoil for an entire family. It can be a struggle to get the compensation that you and your family deserve.
If you were in an accident with a truck that was no fault of your own, you should not have to worry about the financial consequences on top of any injuries.
We can be beside you and potentially help you recover compensation for any injuries and financial losses. You do not have to take on a trucking company, its lawyers, and the insurance company by yourself. We do not shy away from tough cases and will try to make sure that you and your family are protected not only from current but also from future expenses arising from the accident.
There is no financial risk for you in working with us as we work on contingency only, which means if we do not win, there is no fee. There are no upfront attorney’s fees or out-of-pocket costs for you. Call Pintas & Mullins Law Firm today for your free consultation with one of our team members at (800) 794-0444 to see how a truck accident lawyer can help.