Commercial trucking accident cases are a sub-specialty of automobile crash cases that Aitken * Aitken * Cohn has extensive experience handling, including through trial. Strong knowledge of commercial vehicles and how they should be safely used on the road is necessary in order to fully and adequately represent a plaintiff injured in a trucking accident. In Orange County, the number of accident injuries and fatalities is rising, from 336 and five, respectively, to 339 and 13 during a recent three-year period. Contact our Orange County truck accident attorney today to learn more about how we can help you pursue critical legal action following a collision.
Dealing with accidents involving trucks requires a strong understanding of the law, including state laws that impact the roadways; laws protecting drivers, passengers, and pedestrians; and the court system. At Aitken * Aitken * Cohn, we have extensive personal injury experience in the field of litigation that applies to individuals. Our Orange County personal injury attorneys are committed to providing the highest quality of representation to those injured by commercial vehicles. Consider how our past results have helped shape our success and allowed our clients to pursue a better quality of life in spite of their injuries.
Past case results do not guarantee a successful outcome in every case, but at Aitken * Aitken * Cohn we will bring our extensive experience to the table when dealing with your truck crash lawsuit. By working with us, you’ll know that you have a team of experienced attorneys on your side who will be willing to fight for you, increasing the odds that you’ll be able to receive the compensation to cover your expenses and support you as you move forward with your life.
Because trucks are often larger than other vehicles on the road, they have the potential to cause greater injury to the other drivers and passengers involved in accidents with them. There are several types of common truck accident injuries that you may find yourself dealing with in the aftermath of your accident.
“I found my attorney Michael Penn to be knowledgable, friendly, attentive, very responsive. He was able to get me a very fair and reasonable award. He was very accessible.”
Determining who is liable for your truck accident injuries can have a far-reaching impact on your life following your truck accident. Working with an attorney is one of the most effective ways to help you determine exactly who is responsible for the injuries caused in your truck accident case as well as pursuing the compensation you deserve following the accident.
The driver who operated the truck at the time of the accident: Often, truck accident cases appear to be fairly straightforward. The truck driver may have caused the truck accident for a range of reasons, including:
The automobile manufacturer may be responsible for the accident when a product defect in the truck is discovered to have played a critical role in the truck accident. In some cases, the manufacturer may have known that there was a defect in several vehicles of this make and model, but failed to take appropriate steps to notify drivers. In other cases, the manufacturer may not yet have been aware of the defect.
An auto mechanic who worked on the truck. If the truck has recently been in for repairs, but the mechanic who worked on the truck failed to properly repair it, that lack of proper repairs can be one of the contributing factors of an accident. The mechanic can also be held liable if they could have reasonably been expected to see a potential problem with the vehicle while they were fixing it but failed to make note of that problem while they were repairing the truck.
The company that employs the truck driver. In some cases, the company that employs the truck driver may also be held partially liable for the damages caused by the accident. If the company has unsafe practices, including requiring the driver to drive for too long or even to falsify records so that it appears that they haven’t been on the road as long as they really have, they may be partially liable for the circumstances that led to the accident. The company may also be held liable if the driver is known to have had problems with drinking and driving or has caused multiple accidents in the past, but is still employed by the trucking company.
The government. Take a look at the area where your accident occurred. Is it poorly maintained? Was there poor visibility that contributed to the circumstances of the accident? If so, the government agency responsible for maintaining that area or for the design that led to poor visibility may be partially liable for the events that led to the accident.
In the case of truck accidents, there can be many different factors that contribute to liability. By working with an experienced trucking attorney, you can significantly increase the odds that you will correctly identify all the factors that were at work in your accident case so that you can ensure that the people responsible for your accident bear the appropriate liability.
In an effort to combat truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours that commercial truck drivers are allowed to operate within a day and throughout the workweek.
These regulations limit truckers to driving for 11 hours during a 14-hour. Truckers are responsible for taking a 30-minute rest break after driving for eight consecutive hours. After truck drivers have reached their 11 driving hours for the day, they are required to take 10 hours off before they can resume a new set of daily hours.
The FMCSA also prohibits truckers from being on duty for over 60 hours in a given seven-day period or more than 70 hours in a given eight-day period. After truckers have reached their weekly limit, they are required to take at least 34 hours off before they can resume driving and start a new work week.
Recovering damages after your accident may be a top priority, especially if your bills are mounting fast. There are several key types of damages that you can recover under the law:
Every state is responsible for setting time limits for how long victims in these cases have to file personal injury lawsuits against an alleged negligent truck driver or trucking company. The statute of limitations for personal injury claims in California is two years from the date the injury occurs. This means that victims of truck accidents have a two-year window with which to file their claim, or they risk losing the ability to recover any compensation for their losses.
However, it is not recommended that you wait this long to file a personal injury claim. First, insurance carrier deadlines are typically much shorter and require that accidents be reported within days of the incident occurring. Additionally, the longer the truck accident victim waits to file their claim, the more time the evidence involved has to disappear. The sooner you can file a claim and begin working with a truck accident attorney, the better. An attorney will be able to begin securing all evidence necessary to prove liability in an effort to obtain maximum compensation on your behalf.
In an ideal world, the parties responsible for your truck accident would immediately payout the funds you’re owed. Unfortunately, they may instead use several common legal strategies to avoid paying. They may attempt to:
As soon as a truck accident occurs, there are various steps you can take to help your claim when you seek to recover compensation.
If you were involved in a truck accident, working with a qualified attorney can help increase the amount of your recovery and save you time and energy in dealing with the insurance company. When you contact Aitken * Aitken * Cohn, you’ll start with a free consultation that will help us better understand your accident and your needs and we operate on a contingency fee basis instead of requiring payment upfront, so our attorneys do not get paid unless we win.
If you were in a truck accident, don’t wait to get legal help. Contact our Orange County truck accident attorney today through our confidential contact form or by phone for a free consultation to learn how we can help you.