The trucks on the California roads are immense, can weigh up to 80,000lbs, and are challenging to drive. Especially in a sudden emergency, these enormous vehicles require much longer distances to stop, are difficult to maneuver, and have multiple blind spots.
If your car, small van, or SUV is struck by this 80,0000lb mass going 60-80 mph, the physics involved is massive and devastating. Usually, it causes catastrophic damage to your vehicle, you, and your passengers.
In the U.S., well over 75 million people currently work in the trucking industry. So, at any given time, there are millions of trucks on the roads every day; consequently, there is always a chance of an accident.
Also, suppose your much smaller vehicle has an accident with a truck. In that case, the physical injuries are usually severe, and medical treatment is needed immediately to protect your health, safety, recovery, and life. Medical costs can amount to hundreds of thousands of dollars and involve months of recovery.
The question is, “who is liable and who do I sue?” Often these lawsuits will result in multiple parties sharing the blame and various parties being sued.
In the end, your professional Rosemead truck accident lawyer will know how to proceed, but commonly the parties sued are one, or more, of the following:
- The truck driver – They are usually the first party; you and your personal injury attorney consider in your suit. Many questions will be asked, such as has the driver taken the mandatory breaks during their day, been impaired while driving, or willingly drove their vehicle in an unsafe manner? If the driver is guilty of any negligence and can be proven, the driver will be sued.
- The manufacturer of the truck – Many times, the manufacturer will share the responsibility for your accident. Trucks also get recalled or may have inherent mechanical flaws that helped cause your accident. Your Rosemead truck accident lawyer will know what to look for in their investigation.
- The trucking company – The driver’s company could also be litigated against. They employ the driver, load his truck, and may overload, miss-load the vehicle, or press the driver to drive at the point of exhaustion. Safety, however, may come second to their cargo arriving on time. Your law team will have the knowledge and means to provide you with the best defense.
What Are the First Things To Do After I Have a Truck Accident in Rosemead?
Your first, and most crucial concern, after an accident, should be your physical condition and that of your passengers or anyone involved in the accident. Many times, it’s challenging to know just how seriously injured you may be, so always seek medical attention.
- Help to Assist anyone injured- California law demands that motorists render “reasonable assistance” to anyone who needs it.
- Record the truck driver’s information – Along with their license and insurance, you should also note their company name and motor carrier number. Federal law requires that this information be printed on the truck itself.
- Notify the police – You may not feel that the accident is serious, but that is rarely the case in a truck vs. car accident. A detailed police report will be used for your insurance claim and be invaluable if you need to sue.
- Collect and preserve evidence. Take pictures of the accident scene, your vehicle and the truck, injuries you sustained, and anything pertinent.
- Immediately record your account of what happened – Your memory can fade, so record all you can regarding the details of the accident.
Do Insurance Claims Take a Long Time To Settle In Truck Accident Lawsuits in California?
California insurance companies have 85 days to settle a claim after filing it. These companies also have specific timeframes in which they must acknowledge your claim and decide whether to accept it before paying out any final settlement.
The usual Insurance timeline in California is:
- Fifteen days to acknowledge the claim and send the policyholder instructions and paperwork, which may include proof-of-loss forms, which serve as a sworn statement from the policyholder about the scope of the damage or injuries.
- Forty days to process the claim after receiving completed all necessary forms.
- Usually, it takes 30 days to make the final payment after the claim is approved.
Remember, your Rosemead truck accident lawyer is an expert in negotiating and dealing with insurance companies. However, if a civil suit needs to be filed to get you what you deserve, your lawyer’s legal guidance will be invaluable in obtaining the compensation you rightfully deserve.
How is “Fault” Usually Determined In a Truck Accident?
If you are hurt in a truck accident, it’s always confusing about where to turn to get compensation for your injuries. The answer usually depends on your particular situation, the circumstances surrounding it, the fact that the driver was driving a company vehicle, and whether they were “acting within the scope of employment.”
An experienced truck accident law team will analyze all the medical documents, photos, police reports, etc. They will then deduce which insurance policies apply and all the parties to file suit against.
These cases are always legally complex and involve a thorough analysis of all the details and documents regarding your accident. Remember, your Rosemead truck accident lawyer will fight for you and enormously help increase your chances of resolving disagreements, negotiating the proper compensation for your injuries, and finding outcomes that weigh in your favor.
I’ve Been In a Truck Accident in Rosemead; How Should I Proceed?
Truck accidents can be devastating and life-changing events that affect your health and property. The faster you receive proper and documented medical attention, consult with an experienced and empathetic Rosemead personal injury lawyer, and file your claim, the better you can expect your outcome to be.
Filing a truck accident lawsuit is legally complex and may involve numerous individuals and multiple companies. Don’t leave your recovery or your family’s financial future up to chance. Consult with a Rosemead truck accident law team that will aggressively and diligently fight for the compensation you need and justifiably deserve.