If You Were Hit by a Truck, Should You Hire a Lawyer?

You should absolutely hire a lawyer if you were hit by a truck, especially if the size of the settlement matters to you.

The injuries in these cases make these matters very complex. Serious burns are a good example. Usually, these injuries require treatment at speciality burn centers. Insurance companies often get sticker shock when they see these treatment costs.

Furthermore, these cases involve additional legal issues. Generally, the shipping or transportation company that owns the truck is financially responsible for damages. Usually, that company is an out-of-state holding company, or even an offshore holding company. More on that below.

Because of these complexities, only the best Los Angeles truck accident lawyer should handle such cases. This post covers some of these complexities as well as the need to hire a lawyer, or not hire a lawyer, if you were hit by a truck.

Why Truck Accidents Are Different From Car Accidents

Truck accidents are not like typical fender-benders. Since fully-loaded commercial trucks weigh up to 80,000 pounds,

these accidents often cause catastrophic (life-threatening) injuries such as:

• Traumatic brain injuries (TBIs),
• Spinal cord injuries,
• Broken bones,
• Internal organ damage, and
• Severe burns.

Because of the size and force involved, claims tend to involve higher damages, and much more aggressive defense tactics.

Multiple Parties May Be Liable

One major reason to hire a lawyer after being hit by a truck in California is that multiple parties may be responsible, including:

• Trucking Company:

  Respondeat superior employer liability applies if the tortfeasor (negligent diver) was an employee working within the scope of employment at the time of the wreck. California law defines these elements in broad, victim-friendly ways.

• Cargo Loader:

  Usually, construction cranes load the semi-trucks departing from the ports at Los Angeles or San Diego. These cranes pack as much cargo into a truck as possible without regard for safety or anything else.

• Vehicle Manufacturer:

  If a manufacturing or design defect, such as bad brakes, substantially caused a crash, the truck manufacturer could be liable for damages as a matter of law.

• Maintenance Company:

  Drivers have a duty of care to operate trucks safely, and maintenance companies have a duty of care to put safety first. They cannot skim over problems or otherwise fail to address them properly.

An experienced Los Angeles truck accident attorney investigates all potential sources of compensation, something that can be difficult to do on your own, especially if you’re recovering from catastrophic injuries at the time.

California’s Comparative Negligence Rule

California is a pure comparative negligence state. Victims can still recover compensation even if they were partially at fault. However, the court must reduce damages in accordance with the percentage of fault.

To take advantage of this rule, insurance company lawyers often shift as much blame as possible to the victim, by arguing that the victim:

• Was speeding,
• Changed lanes improperly,
• Was impaired, or
• Braked suddenly.

Without legal representation, you may be unfairly assigned a higher percentage of fault. Only a lawyer gathers evidence to protect victims from blame-shifting tactics.

Federal and State Trucking Regulations

Commercial trucking is closely regulated by both federal and California state laws. These regulations include:

• Hours-of-Service limits (to prevent fatigue),
• Weight restrictions,
• Maintenance requirements, and
• Mandatory drug and alcohol testing.

Violations of these rules strengthen injury claims. However, accessing driver logs, black box data, and maintenance records requires quick legal action. Trucking companies are not obligated to hand over damaging evidence without formal requests. So, an attorney sends a spoliation letter to preserve crucial evidence before it disappears.

Serious Injuries Mean Higher Stakes

Truck accident injuries are often severe and long-lasting. Compensation in these accident cases may include:

• Emergency medical care,
• Surgeries and rehabilitation,
• Future medical treatment,
• Lost wages,
• Reduced earning capacity, and
• Pain and suffering.

Insurance companies may offer quick settlements that seem helpful. However, since most victims don’t know the full extent of their damages at that point, these initial offers are often far below what your case is worth.

A California truck accident lawyer calculates the full value of your claim, including long-term medical costs and future losses.

Speaking of insurance companies, after a truck accident, usually while they’re still in the hospital, victims often receive calls from:

• The truck driver’s insurer,
• The trucking company’s insurer, or
• Your own insurance company.

Adjusters are trained to sound affable and protect company profits. So, with smiles on their faces, they may:

• Ask for recorded statements,
• Request broad medical authorizations, and
• Pressure you into early settlement.

Hiring a lawyer means you won’t have to handle these communications alone. Your attorney negotiates on your behalf and prevents you from saying anything that could harm your case.

When You Might Not Need a Lawyer

Most, but not all, truck accident victims should hire lawyers. In fact, sometimes a lawyer just gets in the way and delays the process.

An accident in the cargo area is a good example. These collisions often involve only minor property damage. Furthermore, liability is normally clear. Fixed objects, like parked cars, do not leap into roadways.

Alas, very few truck accidents fall into this category. Additionally, shipping and transportation companies notoriously fight any claim, no matter how small, tooth and nail.

How Much Does a California Truck Accident Lawyer Cost?

This is the million-dollar question for most people. Most personal injury attorneys in California work on a contingency fee basis.

The victim pays no legal fees upfront (be sure and ask about court costs). The lawyer receives a percentage of any settlement or verdict. This arrangement, which is mostly limited to personal injury claims, allows injured victims to pursue justice without financial risk.

If you were hit by a truck you need legal representation. For a free consultation with an experienced truck accident injury in Los Angeles, contact the Law Offices of Eslamboly Hakim. Virtual, home, and hospital visits are available.