All accidents are scary, but being in a truck accident is terrifying. The combined weight of their cargo and the trucks themselves can cause serious damage.
If you or someone you love has been seriously injured in a truck accident, you may be entitled to compensation for your suffering. Having a skilled lawyer by your side will make all the difference between walking away with a little or a lot for your troubles. The San Diego personal injury lawyers of OnderLaw, LLC are ready to help you.
There are countless options to weigh, but getting a lawyer involved right away will make a huge difference in the outcome of your situation. Give us a call today. There is no reason to wait another minute. Our team is waiting to take your call at (314) 963-9000, or you can contact us online.
Do I Need a Truck Accident Lawyer?
Taking on the large number of parties that could be involved in a truck accident is just as difficult as trying to recover from one. Going it alone can cost you thousands, if not millions, of dollars without an effective lawyer by your side.
After getting your immediate medical needs served after an accident, the next call you must make is to a reputable lawyer to make sure you and your family’s interests are protected and served. Your focus needs to be regaining your health and finding your forward, not on spending your valuable time on the phone or running around jumping through hoops. That’s where a lawyer will make your life easier. They will make all the calls and file everything that is required to get your claim going according to specific deadlines.
The experienced lawyers of OnderLaw, LLC have a long history serving families just like yours. They know what kind of suffering you are going through and what kind of compensation you can claim. They know the difference between a robust, generous offer and a lowball offer that won’t meet all your needs in the long run.
Insurance companies are notorious for pressuring victims without lawyers into a quick settlement. While you’re working through a life-changing accident, you may not be thinking clearly or may not know all the variables you should consider before accepting an offer. Your lawyer will know exactly how to prepare you and your family to defend yourselves against their efforts. Before you answer any questions from anyone looking for information about your case, make sure you have met with a lawyer first. And the insurance company is just one group to guard against.
Truck accidents are very different from car accidents because they don’t just involve the driver. There are the truck owners, cargo loading companies, mechanics, trucking companies, truck and trailer manufacturers, and other companies, too, who could be potentially liable for the accident.
Your lawyer will go to every length to discover all potentially liable parties in your accident. The team at OnderLaw, LLC has the resources to discover any potential source of compensation for you. Attempting this on your own is unlikely to work out well. Seeking out the best legal counsel will be the most important choice you make.
Common Causes of Truck Accidents
Sadly, truck accidents happen more frequently than we would like. However, because we deal with them regularly and win compensation for our clients, we know how to approach them. Here are some of the most common causes of truck accidents that we see:
- Distracted driving
- Driver errors
- Driving while fatigued
- Driving while drunk
- Driving while under the influence of drugs
- Driving without qualifications/certifications
- Faulty mechanics
- Faulty roadways
- Jackknife accidents
- Rollover accidents
Proving Liability After a Truck Accident
When proving liability in a truck accident, there are several key elements that can be used to show another party was at fault:
- The truck driver’s licensing credentials, training, and driving logs- this documentation will show if the driver’s qualifications are up to date, whether the driver has been adequately trained, and whether he exceeded his required hours of service.
- Truck inspection records- these documents show if the vehicle has been inspected correctly and can be used to prove whether all parts of the truck were in working order or not.
- Service logs- these will show whether the vehicle was properly maintained and if it received regular maintenance checks.
- Black box data- this electronic tracking device documents the trucks’ movements from braking to acceleration. It is also useful in comparing data from the driver’s logs to formally document if regulations were followed.
- Cell phone/social media history- this will show if the driver was on his phone and can illustrate the driver’s level of distraction in accidents caused by distracted driving.
- Drug/alcohol testing records- these records will show whether the driver was under the influence at the time of the accident and can reveal their histories with drugs or alcohol.
- Documentation of cargo loads- these documents will show whether the cargo was heavier than allowed by regulations and may assist in identifying a liable party to the accident.
- Video footage- anything recorded from traffic cameras, passersby, or even other drivers’ social media apps can show hard evidence of things like breaking traffic laws or driving dangerously.
This information will help us determine whether the driver was at fault, or if other parties also bore liability for the accident.
Common Injuries Suffered in Truck Accidents
There is no end to the damage that truck accidents can do. High speeds and heavy weights are highly destructive in collisions with smaller vehicles. Here are some of the injuries that commonly result from truck accidents:
- Bruises, cuts, and scrapes
- Broken bones
- Internal injuries
- Internal bleeding
- Dislocated joints
- Torn ligaments
- Loss of limbs
- Spinal cord injuries
- Traumatic brain injuries
Compensation for a Truck Accident Claim
No two accidents are alike, and several factors go into coming up with the right amount of money to help put you and your family right after the accident. There are three main categories of compensation you can be owed. They are economic, non-economic, and punitive damages.
Economic damages- These damages can be calculated in terms of financial loss. This is where we will ask you to keep copies of all your receipts and bills. Any costs you have endured throughout the process will be added up. You may be able to recover any money you have paid for medical bills, medication, or treatment, any co-pays, lost wages because of missed work, and potentially, if you are disabled from the accident and unable to return to your regular job, future lost earnings.
If any of your property was damaged in the accident, those expenses can be added in, as well. You may recover any costs associated with replacing or repairing your vehicle or personal belongings that were damaged in the accident. If possible, you will need to take your vehicle to a repair shop and get an estimate. If it is able to be repaired, keep the invoice and anything else that will document your expenses. The same with any belongings. If they are able to be repaired, make sure to get an estimate from a repair shop. You can also provide any receipts for the purchase of the damaged item or what the cost would be to replace it.
Non-economic damages- Non-economic damages are losses that cannot be repaired or replaced with money. The most common phrase associated with these kinds of damages is your “pain and suffering.” These damages are intended to address the emotional and mental trauma that comes from trying to recover from an accident. You could be compensated for the inability to enjoy life after a serious injury, or for emotional trauma the accident has caused you and your family.
While these damages are a little harder to calculate, we encourage you to keep a daily journal, beginning with a detailed description of the accident itself. Catalog the effects the accident and your injuries have on your daily life and on your ability to participate in your regular activities of daily living. Everything that you can put in writing about how you are feeling may be used to demonstrate an appropriate level of compensation.
Punitive damages- Punitive damages are not commonly awarded, but they exist for victims who can show with absolute clarity that the accident was caused either on purpose, with malice or an intent to oppress, or by extremely dangerous or reckless behavior. If this is something you may be eligible for, your lawyer will show you how to proceed.
Why Choose OnderLaw, LLC?
We know that there are countless firms to choose from when seeking your legal team, but none of them work cases like we do. You are not just another name that comes across our desk. Your story, suffering, and our relationship with you are what matter most to us. We have built an accomplished track record of success because we are people-first.
When you come through our doors, we make every effort to establish fluid lines of communication and to show you we are here for you. Throughout the process, we will strive to empathize with your situation, which will help form a bond that goes deeper than just a run-of-the-mill client-attorney connection. When we work for you, we gain not just another client but a friend. We’ll defend you as if you were a member of our family.
Contact Us Today
If you or someone you love has been severely injured in a truck accident, we are here for you. Our team of committed, compassionate, and seasoned lawyers will make sure your case gets the attention it demands. No one should have to go through something like this, and we will hold those responsible accountable by getting you the compensation you deserve. Call us now at (314) 963-9000 or contact us online.