Los Angeles Truck Accident Attorney
We'll Help You Get Maximum Compensation For Your Truck Accident
Insurance companies will try to get away with under compensating you by:
- Getting you to admit full or partial fault
- Offering you a settlement before you get medical treatment
- Being difficult to reach or talk to so you will give up!
At Blair & Ramirez LLP, we specialize in securing maximum compensation for victims of truck accidents. Our dedicated legal team is committed to fighting for the rights of those impacted, ensuring they receive the justice and financial support they need for recovery. Contact us at (213) 568-4000 for a free consultation and take the first step towards reclaiming your life after a truck accident.
What is Considered a Truck Accident?
A collision involving any medium or heavy truck, excluding buses and motor homes, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds. These large trucks include both commercial and non-commercial vehicles. -NHTSA-
Recent Cases We've Won
The Importance of Consulting a Lawyer First in Truck Accident Cases
Why Speak with Us Before the Insurance Companies
-
Insurance Tactics: Insurance companies often try to settle for less after a truck accident. Talking to a lawyer first helps avoid low offers. The lawyers at Blair & Ramirez LLP fight to get you a fair deal that covers your needs.
-
Legal Expertise: We know traffic laws and procedures inside out, especially for truck accidents. We'll handle your claim smartly, using the law to help you.
-
Negotiating with Insurers: We are negotiation pros. Our lawyers talk to insurance companies for you, making sure you get a fair compensation that matches your accident’s impact and losses.
-
Getting the Most Compensation: It’s important to understand all parts of your claim. We look at everything – like medical bills, lost wages, and your pain – to get you the most money possible.
-
Dealing with Legal Stuff: Truck accident cases can be complex. Your lawyer takes care of all the legal work – from paperwork to court if needed – so you can focus on getting better.
We're here to help.
"Evaluating a truck accident claim can be complex due to the numerous factors involved. Let us answer your questions - it's free!"
- Do I have a claim?
- How much is it worth?
- What do I do next?
5 Crucial Steps to Take After a Truck Accident in California
Report the Accident
Immediately after the accident, report it to local police. An official police report is vital for your truck accident claim.
Seek Medical Attention
Prioritize your health. Get medical attention right away and document all injuries, as this documentation is crucial for your claim.
Gather Evidence
If possible, collect evidence at the accident site. Take photos of the accident scene, the truck, any other vehicles involved, and obtain contact information of witnesses.
Consult a Truck Accident Lawyer
Before reaching out to your insurance company, consult a lawyer at Blair & Ramirez LLP who specializes in truck accidents in California. We offer crucial advice on managing your claim.
Contact Insurance Providers
After speaking with us, we will notify your insurance company about the accident. Let your lawyer handle communications with the insurance company to safeguard your interests.
Truck Accident Insurance Claims Procedure
Notice of Intent:
You or your lawyer will inform the insurance company of the other driver involved in the truck accident about your plan to file an injury claim. The company will then assign a claim number and designate an adjuster in response.
Statement Recording:
The adjuster may ask for a recorded statement from you following the truck accident. Exercise caution, as adjusters are adept at obtaining responses that could be detrimental to your case. It's advisable to speak with an attorney before giving any statement.
Vehicle Repairs:
The insurance company of the truck driver responsible for the accident should pay for the repairs of your vehicle or provide a settlement for its total loss, as well as cover rental car expenses. Alternatively, if you carry collision insurance, you have the option to let your own insurer handle the property damage claim.
Initial Settlement Offer:
You might receive an early settlement offer. The adjuster's goal is to resolve the matter swiftly at a low amount. It's best to postpone any settlement discussions until you have fully completed your medical treatment.
Commencing Negotiations:
After completing your treatment, start the claim negotiation process by sending a demand letter along with pertinent documents to the insurance company of the driver who was at fault.
Achieving Final Settlement:
After a series of negotiations, ideally, you'll reach a mutual agreement. Once you sign the settlement agreement, you can expect to receive your payment within a few weeks.
Alternative to Failed Negotiations:
If negotiations don't lead to a resolution, alternative options include pursuing arbitration or filing a personal injury lawsuit against the truck driver responsible for the accident.
Estimating Compensation After A Truck Accident
Here's a simplified method to estimate your compensation from a truck accident:
-
Total All Expenses: Begin by summing all your expenses resulting from the truck accident. This includes medical bills, lost income if you couldn't work, and any other accident-related costs.
-
Pain and Suffering: For the pain and suffering endured due to the truck accident, multiply your total expenses (from step 1) by 1 to 2 times. This multiplier could be higher for more serious injuries.
-
Overall Estimate: Add your calculated expenses to the amount for pain and suffering. This sum provides a basic estimate of the potential compensation you could receive.
Key Factors Affecting Compensation in a Truck Accident
-
Fault and Negligence: If you're partly at fault for the truck accident, your compensation might be reduced. In some states, if you're more at fault than the other party, you might not get any compensation.
-
Amount of Costs: The more you can prove in terms of costs (like medical bills) from the truck accident, the more compensation you're likely to get.
-
Injury Severity: Minor injuries from a truck accident typically mean lower compensation, especially for pain and suffering. Serious injuries need careful calculation, often by a legal expert.
-
Insurance Limits: If the person responsible for the truck accident doesn't have enough insurance coverage, it might affect your compensation. In such cases, your own insurance might be a way to get some compensation
Understanding Your Case
Negligence-Based Accidents
In cases of negligence-based truck accidents, the crash is often due to the truck driver's negligent behavior which may have been contributed to by an employer's business practices. Specific actions contributing to these accidents include:
-
Fatigue and Overworked Drivers: Truck drivers often face long hours on the road, leading to fatigue, which can significantly impair reaction times and decision-making abilities.
-
Improper Loading: Incorrectly loaded or overloaded trucks can lead to loss of vehicle control, especially during turns or sudden maneuvers.
-
Speeding and Reckless Driving: Exceeding speed limits or driving recklessly, especially in a large truck, increases the risk of losing control and causing an accident.
-
Driving Under the Influence: Operating a truck while under the influence of alcohol, drugs, or certain medications is not only illegal but also highly dangerous.
-
Neglecting Vehicle Maintenance: Failing to maintain the truck, including brakes, tires, and lights, can lead to mechanical failures that cause accidents.
-
Distracted Driving: This can involve the truck driver using a mobile device, adjusting in-cab equipment, or any other activity that diverts their attention from the road.
-
Ignoring Traffic Signals and Rules: Disregarding traffic laws, like running red lights or not yielding the right of way, can lead to collisions.
Fatigued and Overworked Truckers
The issue of fatigue and overworking in truck drivers is a complex one, often involving multiple factors and potential responsibilities. Proving that fatigue and overworking were factors in a truck accident can be challenging but not impossible. Here are some ways it can be done:
-
Logbooks and Electronic Logging Devices (ELDs): These devices record driving hours and rest periods. Discrepancies or violations of FMCSA regulations can indicate overworking and fatigue.
-
Witness Statements and Driver Testimonies: Witnesses or the drivers themselves may provide insights into the driver's condition or behavior prior to the accident.
-
Company Records: Examination of the employer’s scheduling records, policies, and practices can reveal if they are pushing drivers beyond safe limits.
-
Expert Testimony: Medical experts or sleep specialists can testify about the effects of fatigue based on the driver's recorded hours and behavior.
-
Surveillance Footage: Footage from truck stops or gas stations can sometimes show the driver's condition or behavior prior to the accident.
Improper Loading
Legal Focus:
- Establishing Negligence: Show that the trucking company or driver failed to adhere to standard loading procedures.
- Gathering Evidence:
- Cargo Records: Check cargo weight and distribution records against industry standards.
- Training and Policy Documents: Review the company’s training procedures and loading policies.
- Driver and Loader Testimonies: Statements from those involved in the loading process.
- Expert Testimony: Accident reconstruction experts or cargo loading specialists can help establish how improper loading contributed to the accident.
- Witness Statements: Other employees or witnesses who observed the loading process.
- Surveillance Footage: Footage from loading docks can provide visual evidence of the loading process.
Drunk Driving Accidents
Legal Focus:
- Establishing Impairment: Prove that the driver was under the influence of alcohol or drugs at the time of the accident.
- Gathering Evidence:
- Police Reports and DUI Tests: Use police reports and results of DUI tests conducted at the scene.
- Witness Statements: Accounts from witnesses who observed the driver's behavior before or during the accident.
- Driver’s History: Investigate the driver's history for any previous DUI offenses or related issues.
- Company’s Liability: Examine the trucking company's hiring practices and policies on alcohol and drug use.
Neglecting Vehicle Maintenance
Legal Focus:
- Establishing Negligence: Demonstrate that the trucking company or driver failed to maintain the vehicle properly, leading to unsafe conditions.
- Gathering Evidence:
- Maintenance Records: Review the truck’s maintenance logs for lapses or inconsistencies.
- Inspection Reports: Look for recent inspection reports and whether any reported issues were addressed.
- Driver Logs and Reports: Check driver logs for any pre-trip inspection records or reported maintenance issues.
- Expert Testimony: Mechanics or vehicle maintenance experts can provide insights into how lack of maintenance could lead to malfunction and accidents.
- Witness Statements: Statements from company maintenance staff or other employees who might be aware of the company’s maintenance practices.
- Accident Scene Analysis: Investigate the accident scene for evidence of vehicle malfunction that could be attributed to poor maintenance.
Distracted Driving
Legal Focus:
- Establishing Distracted Driving: Prove that the driver was engaged in a distracting activity at the time of the accident.
- Gathering Evidence:
- Mobile Phone Records: Checking the driver’s phone records for activity at the time of the accident.
- In-Cab Camera Footage: If available, footage showing the driver’s actions just before the crash.
- Witness Statements: Accounts from witnesses who may have observed the driver’s behavior.
- Examining Company Policies: Assessing the trucking company's practices regarding distracted driving prevention and training.
Ignoring Traffic Signals And Rules
Legal Focus:
- Establishing Traffic Law Violations: Prove that the truck driver violated specific traffic laws leading to the accident.
- Gathering Evidence:
- Traffic Camera Footage: Utilize footage from traffic cameras that may have captured the violation.
- Eyewitness Accounts: Statements from people who witnessed the violation and the accident.
- Police Reports: Official reports that detail the circumstances of the accident and any noted violations.
- Reviewing Company Policies: Assess the trucking company's policies and practices regarding adherence to traffic laws.
Impact Types Of Truck Accidents Here In Los Angeles
Any kind of collision or impact between a large truck and a passenger vehicle can be extremely dangerous or even deadly. Here are some of the most common types of truck accidents here in Los Angeles:
Trucking Regulations
Statute Of Limitations On Truck Accidents
Choose Us To Represent Your Truck Accident Case
Call Us 24/7
(213) 568-4000