Century City Truck Accident Lawyer

Century City Truck Accident Attorney

A truck accident in Century City, CA can be a terrifying experience. It often results in serious injuries and even loss of life. Many of these accidents are a product of errors by the truck driver, irresponsible trucking company policies, or even other drivers on the road. This means that the drivers who didn’t do much of anything wrong are the victims of the liable parties. They and their families are also owed restitution for what they’ve had to endure because of the carelessness of others. Unfortunately, that restitution doesn’t often come without a fight. However, by working with Heimanson & Wolf, LLP, you can give yourself a great chance of winning that fight.

After a Truck Accident

The moments immediately following an accident can actually be some of the most helpful in improving your chances of winning a claim. However, it is possible that you are too severely injured to address any of the steps immediately. If so, that’s okay because your health is the priority, and as personal injury lawyers, we can do the heavy work of investigating the case later. Still, it can be useful to remember some of the basic things that can help your case in both the immediate aftermath of an accident as well as moving forward. These things are:

• Get Medical Help – In the aftermath of a truck accident, even if you don’t have to go to a hospital, it’s important that you allow paramedics at the scene to check for any potentially traumatic injuries. You should follow that up with a full medical work-up to see if anything was missed.
• Don’t Say More Than Is Absolutely Necessary – Insurance companies will often be looking for anything that you say as a potential admission of fault so they can justify paying you less or not at all. Aside from when you are speaking with the police, it’s generally wise to avoid saying much about the accident.
• Document Whatever You Can – At the scene, it can be helpful to get photos of anything that you can. If you are too injured, try to get someone else to take photos. These can be helpful in later proving fault. Similarly, you should be sure to keep any diagnosis of injury and medical bills as well.
• Call Heimanson & Wolf, LLP – We can help you through the full process of dealing with insurance companies and ensuring that you get the money you’re owed.

Winning a Truck Accident Claim

If you are filing a claim after a truck accident, it falls under the category of personal injury law. The process for personal injury law is that negligence on the part of the liable party must first be demonstrated. Once that is established, then damages for the costs directly resulting from the injury can be awarded. The process of proving negligence requires proving three elements. They are:

• Duty to Care – The first element of negligence is to show that the defendant in the case had a “duty to care.” This generally means that they had the responsibility to be aware of others that could be around them and to take reasonable steps to prevent others from being harmed as a result of their actions. For vehicles on the road, an assumption of a duty to care is pretty standard.
• Breach of Duty – A breach of duty simply means that the defendant didn’t live up to their duty. In a trucking accident, this could be shown by something like demonstrating that the driver failed to follow traffic laws or failed to follow trucking-specific regulations.
• Cause of Injury – Lastly, the breach of duty must be directly tied to the injuries that the plaintiff suffered. This is generally shown by demonstrating that the breach caused the accident and that the accident caused the injuries.

Once negligence is established, the damages sought must also be shown to be directly tied to the injury that was suffered.

FAQs About Century City, CA Truck Accident Laws

What If the Truck Accident Resulted in Death?

Sadly, some truck accidents can lead to a loss of life. In these cases, though, the liable parties can still be held responsible. The death of a loved one can leave families with medical bills, funeral expenses, and lost future earnings. There are also less-quantifiable things like the grief and depression that the family may suffer, loss of consortium, and the hole of wisdom and guidance for the family that these losses sometimes leave. Through a wrongful death claim, though, all these kinds of things can result in some compensation. Although that can’t ever fix the situation or restore what was lost, it can help ease some of the financial burden and stress.

Is There a Limit to When a Claim Can Be Filed?

A truck accident is a form of a car accident and is subject to the same statute of limitations. In these cases, a claim must be filed within two years of the accident, with very limited exceptions. If the injury was not discovered until well after the incident, which is rare but possible in the case of a truck accident, the limitation may be extended. On the other hand, the limitation is reduced if you intend to file a claim against the government for contributing to the accident as a result of mismanagement of the roads. In these cases, where the government is the defendant, a claim must be filed within six months.

What Kinds of Things Can You Receive Compensation for in a Truck Accident Claim?

Compensation in a civil complaint is called damages. These damages are restitution for any costs that are experienced as a direct result of the accident. Damages compensate items that fall into two general categories:

• Economic – If the costs associated with the accident are quantifiable, then they will be paid out through economic damages. This could mean things that have direct bills associated with them, such as medical bills or repairs to a vehicle. It also includes things that can be calculated or estimated, such as lost wages, future medical costs, and loss of future earning capacity.
• Non-Economic – The non-quantifiable costs associated with a truck accident are paid out through non-economic damages. These include things like pain and suffering or psychological and emotional costs suffered from the accident. While money can’t solve these things, it can ease other burdens and free up time and space for people to work on healing or managing these challenges.

What Parties Could Be at Fault in a Truck Accident?

Fault in a truck accident could belong to a number of different parties and, in some cases, multiple parties at one time. The plaintiff, even, may bear some liability for the accident. This is important to note because, in these cases, the damages awarded could be reduced proportionately to the liability of the plaintiff. If the plaintiff is found to be 10% liable, they will only receive 90% of the damages awarded. Besides the plaintiff, though, some of the other potentially liable parties include:

• Driver of the Truck – In many cases, the driver of the truck may have been negligent in their handling of the vehicle. This could include a violation of traffic laws, driving distracted, or reckless driving.
• Driver of Another Vehicle – Sometimes, it is actually the driver of a third vehicle, possibly not directly involved in the accident at all, who is to blame. They could have been driving dangerously, forcing others attempting to avoid colliding with them into an accident with someone else.
• Trucking Company – On some occasions, it can be the case that the company policy of the truck driver bears some responsibility for the accident. Things like not allowing drivers enough time for rest or setting unreasonable expectations for delivery times create circumstances that can lead to accidents.
• Truck or Parts Manufacturer – If the accident was caused by the failure of a part, it’s possible that the truck manufacturer or manufacturer of the specific part may be held liable for the accident.
• Truck Mechanic – It could also be a mistake with maintenance or repair that led to a problem with the truck, which then led to an accident. In these cases, it could be the mechanic shop who is liable.

Part of the job of a lawyer is to investigate the full scope of circumstances around an accident and to determine where the strongest case for liability can be found.

Don’t Seek Restitution Alone

It’s critical that victims of truck accidents get every bit of restitution that they deserve. Insurance companies that pay out these claims, though, are not eager to do so. Anything that they pay out is going to hurt their profits at the end of the year. However, when you work with experienced and aggressive lawyers, like those at Heimanson & Wolf, LLP, you can give yourself a solid chance at receiving what you’re owed. We investigate our client’s accidents, target the liable parties, negotiate with insurance companies on their behalf, and even take the case to court if necessary. In difficult and painful times, we fight to get our clients what they are rightfully owed. Contact us today so we can take a look at your potential claim.