Trucks are everywhere around Anaheim. The proximity of Disneyland and the community’s needs make trucks a vital part of the entire metropolitan area. The size difference between trucks and passenger cars creates a recipe that almost always yields devastating results.
Truck operators must maintain special licensing, and the roads have strict laws and regulations truckers must follow. After an accident with a truck, cut through the red tape and connect with an Anaheim truck accident lawyer from Greenberg Gross to learn your options.
Start With These Steps After an Anaheim Truck Accident
The steps you take following a truck accident can assist an Anaheim truck accident attorney in building a strong case for you. If your injuries are severe, you may be unable to take immediate action. Seeking medical care for your injuries is imperative, even if you do not believe you have severe injuries.
Tips for what to do after a truck accident:
- Try to remain calm. Your adrenaline can be racing and feed panic. Check yourself and your passengers and look around the scene. Getting yourself and your passengers away to a safe zone is a good plan if you can move.
- Contact 911 to connect to California Highway Patrol or local law enforcement personnel. The 911 system in California automatically switches 911 calls to the proper authorities.
- File a police report. Police will investigate most accidents and provide a report with their findings.
- Accept medical attention at the scene and permit transport to the hospital if recommended by medical personnel. Even when your injuries are minor, do not refuse medical treatment.
- If you can, take photos of the scene (safely) from as many angles as possible. Try to include the damage to all vehicles, skid marks, road signs, and injuries (avoid super graphic images).
- Get the contact information from witnesses who saw the accident.
It can be helpful to write a quick summary of what you remember from the accident, including the following:
- The date and time
- Weather conditions
- Road conditions
- Location of the accident
When you seek counsel with a legal representative, all the information you jot down will help your claim.
Can You File a Lawsuit Against a Trucking Company?
In a word – yes. A driver or equipment malfunction can cause truck accidents, or even the way cargo is loaded. Depending on the circumstances of your truck accident, the liable parties may include:
- The driver
- A trucking firm
- The trucking maintenance service
- Parts and equipment manufacturers
- Loading dock personnel and contracted loading companies
In some instances, if the accident is due to poor road maintenance or improper signage, you can even bring a lawsuit against the government agency responsible for the roadway.
An Anaheim truck accident lawyer will explore every avenue to get compensation for your injuries and the damage to your vehicle. Trucking companies and government entities will use everything they can to fight against you, so having a legal team that knows the ropes is crucial.
What Compensation Can You Receive?
California Code of Civil Procedure (CCP) §335.1 states that you must file personal injury lawsuits within two years of the negligent act. An Anaheim truck accident attorney will keep you on track and ensure you meet all filing deadlines while pursuing your compensation.
Some damages you may receive compensation for include:
- Medical bills
- Property damage
- Physical therapy
- Medical devices
- Home modification, if necessary
- Ambulance and transportation to and from doctor appointments
- Surgical procedures
- Hospital stays
- Lost wages
- Mental anguish
- Physical disabilities
- Permanent scarring and disfigurement
- Pain and suffering
- Home medical care, if necessary
- Loss of consortium and companionship
The amount of compensation depends on the reimbursable amount for expenses. You may also receive additional monetary amounts for things without direct financial loss that affect your day-to-day life.
Truck accidents can often lead to the death of a loved one. If you lost a family member in an Orange County truck accident, please accept our sincere sympathy. We cannot fill the gap your loss will leave within your family, but we can assist in easing the financial burden a wrongful death can place on a family.
Determining Who Was at Fault for Your Accident
During an accident investigation, the investigators will look at the truck’s logs to ensure the driver was within the driving restrictions set by the Federal Motor Carrier Safety Administration (FMCSA). These include:
- Driving no more than 11 hours after a ten-hour off period
- Taking mandatory 30-minute breaks every eight hours
- Not driving more than 60 to 70 hours within seven or eight consecutive days
Driver fatigue can be a contributing factor in accidents, so enforcing these regulations is essential to keep roads safer. In addition to driver fault, some responsibility might be placed on the trucking company that owns the truck.
The company is responsible for maintaining its trucks to ensure safety and operational readiness. They must carry insurance on the truck and driver as specified in each state they operate. The company also must:
- Hire qualified and well-trained drivers
- Perform appropriate background records checks
- Offer continuing training for drivers
Even when a driver is responsible for the accident, the trucking company may bear the brunt of the costs associated with the accident.
Establishing Negligence to Strengthen Your Case
In any accident, proving negligence on the part of the at-fault party can bolster a compensation claim. Negligence requires the demonstration of four essential elements:
- Duty of Care
- Breach of Duty
All vehicle operators have a duty of care to follow the road rules. When drivers disobey those rules by speeding, driving recklessly, or driving longer than federal trucking regulations permit, they have committed a breach of duty. There is causation when a breach of duty results in a traffic accident. The driver’s actions caused an accident resulting in damages to one or more parties.
When an Anaheim truck accident attorney investigates your claim, they will evaluate all the evidence to determine if the case meets the elements of negligence.
Our Lawyers Are Ready to Work for You
When you search for a truck accident lawyer in Anaheim, you want to find one that will fight for you. At Greenberg Gross, our truck accident team will:
- Gather evidence to support your claim
- File necessary documentation with the court
- Communicate with insurance companies on your behalf
- Negotiate for a fair settlement or pursue your claim in court
- Contract with essential expert witnesses to strengthen your case
Our team will fight for the compensation you deserve. Contact us now to begin your free consultation.