How to Sue a Trucking Company For an Accident in California
The best way to sue a trucking company for an accident is by contacting our qualified trucking accident lawyers.
We specialize in the complexities of truck accident claims, guiding you through these steps to ensure you receive the compensation you deserve:
- Seek medical attention and document your injuries
- Report the accident to the authorities
- Gather evidence from the crash scene
- Identify all liable parties
- Determine eligibility to sue a trucking company
- Overcome challenges when suing a trucking company
- File a claim with the trucking company’s insurer
- Pursue a lawsuit if necessary
Our California truck accident lawyer is ready to assist you—contact us today for a free consultation!
8 steps for suing a trucking company
Filing a lawsuit against a trucking company involves multiple steps and overcoming potential challenges. At Feher Law, we simplify this complex process for you, handling every aspect to ensure the best outcome. Below, we outline the key steps and how our proficient team will help you through each one:
1. Seek medical attention and document your injuries
Your health and safety are the top priority after a truck accident. Seek immediate medical care, even if you believe your injuries are minor.
Prompt treatment ensures your well-being and creates essential medical records that link your injuries to the accident. These records, including diagnoses, treatment plans, and medical bills, are vital evidence for proving the extent of your injuries and their impact on your life.
Our team uses this documentation to build a compelling case for your compensation.
2. Report the accident to the authorities
Filing a police report creates an official record of the accident, which can be valuable evidence in your case.
3. Gather evidence from the crash scene
Building a strong case starts with collecting key evidence immediately after the accident. This includes taking photos of vehicle damage, skid marks, road conditions, and any visible injuries.
Gathering black box data from the truck can provide insights into speed, braking, and hours of operation before the crash. Additionally, obtaining witness contact information and statements ensures that their accounts of the event can support your claim. Our team works diligently to preserve and analyze this evidence to strengthen your case.
4. Identify all liable parties
Truck accidents often involve more than just the truck driver. Determining liability may require investigating the trucking company’s role in the accident, including its hiring practices, maintenance procedures, and safety protocols.
Examples of trucking company negligence:
- Hiring unqualified drivers: Employment records can reveal negligent hiring practices.
- Neglecting vehicle maintenance: Maintenance logs and repair records may show failures to ensure vehicle safety.
- Encouraging unsafe practices: Black box data and driver logs can demonstrate how company policies led to unsafe driving behaviors.
Uncovering this evidence strengthens your claim against the trucking company and ensures all negligent parties are held accountable.
5. Determine eligibility to sue a trucking company
Victims eligible to file a claim include:
- Those injured in truck accidents: If a trucking company’s negligence caused your injuries, you may recover damages for medical expenses, lost wages, and emotional distress.
- Those who lose loved ones: Families can pursue wrongful death lawsuits for funeral costs, loss of financial support, and emotional suffering.
Our legal team will assess your case and guide you through the process.
6. Overcome challenges when suing a trucking company
Filing a claim against a trucking company can be daunting due to obstacles like:
- Delays from insurance companies or trucking firms: Insurers often stall to pressure victims into lower settlements. Evidence of systemic negligence, such as maintenance failures, strengthens your position.
- Legal defenses like contributory negligence: Trucking companies may claim you share fault. Proving their hiring of unqualified drivers or ignoring safety protocols can counter these arguments.
- Statute of limitations: In California, personal injury claims must be filed within two years. Missing this deadline forfeits your right to compensation.
Our lawyers investigate systemic failures by the trucking company to overcome these challenges and ensure your case proceeds smoothly.
7. File a claim with the trucking company’s insurer
The first step in seeking compensation is filing a claim with the trucking company’s insurer. This initiates the negotiation process to recover damages for your injuries and losses. Our legal team ensures your claim is presented effectively, protecting your interests throughout the negotiation phase.
8. Pursue a lawsuit if necessary
If the insurance company fails to offer a fair settlement, the next step is filing a lawsuit. Our qualified lawyers will build a strong case and represent you in court, fighting to secure the maximum compensation you deserve for your injuries and other damages.
Our Torrance truck accident lawyer is ready to fight for the compensation you deserve—contact our injury lawyer today for a free consultation!
Types of compensation and factors influencing your trucking accident claim
When pursuing a truck accident lawsuit, you may be eligible for several types of compensation. The outcome of your personal injury lawsuit will depend on various factors, which our lawyers address thoroughly to maximize your recovery:
Types of Compensation
- Medical expenses: Covers emergency care, surgeries, and long-term treatments.
- Lost wages: Includes lost income and compensation for reduced earning capacity.
- Property damage: Reimbursement for vehicle repairs or replacement.
- Pain and suffering: Compensation for physical pain and emotional distress.
- Wrongful death damages: For families of victims, covering funeral costs and loss of companionship.
- Punitive damages: Awarded in cases of gross negligence to penalize the responsible party.
- Additional costs: Includes travel for medical care and home modifications due to injuries.
Factors influencing your claim
- Severity of damages: Catastrophic injuries often result in higher compensation due to their long-term impacts.
- Establishing fault: Clear evidence, including witness statements and black box data, strengthens your case.
- Trucking company safety records: A history of violations bolsters claims by highlighting systemic negligence.
- Compliance with regulations: Violations of trucking laws, such as Hours of Service (HOS) rules, can significantly impact the outcome of your claim.
- Insurance tactics: Insurers may use aggressive strategies to minimize payouts. Our team counters these with strong evidence and expertise.
Don’t let a trucking company deny you justice—speak with our San Bernardino truck accident lawyer for expert guidance today!
Our lawyers are experts in suing truck accident companies
At Feher Law, we understand that the consequences of a truck accident can be overwhelming, especially when dealing with serious injuries or the loss of a loved one. Filing claims, gathering evidence, and proving liability require extensive legal knowledge, and the physical and emotional strain of the process can be daunting. That’s why our team handles every aspect of your case, providing financial support through a contingency fee arrangement—meaning you don’t pay unless we win—so you can focus on recovery.
Our attorneys have a proven track record of holding trucking companies accountable for their negligence. Some of our recent verdicts include:
- $1,700,000: Verdict in Marquez vs. OB Trucking for a truck crash in Long Beach resulting in back and neck injuries.
- $1,500,000: Verdict in Mendez vs. Go Express, LLC for a truck crash in Fresno causing a back injury.
Our California truck accident lawyers are ready to guide you through every step of the legal process. Reach out to us through:
Contact us today for a free case assessment. Let us fight for the justice and compensation you deserve.
FAQs
How much are most trucking accident settlements?
The average trucking accident settlement often lands between $100,000 and $1.5 million or more. Settlement amounts depend on factors like injury severity and liability. Learn more about potential truck accident injury compensation and how we will help maximize your recovery.
What is truck driver negligence?
Truck driver negligence occurs when a driver fails to operate their vehicle responsibly, such as by speeding, driving fatigued, or violating safety regulations. These actions can lead to serious accidents, making the driver—and potentially their employer—liable for resulting damages.
Who regulates trucking companies?
Trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA) and state-level agencies. These organizations enforce safety standards, including Hours of Service (HOS) rules, vehicle maintenance requirements, and driver qualification standards to minimize the risk of accidents.
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