Los Angeles Truck Accident Lawyer

Los Angeles Truck Accident Attorney

A Los Angeles truck accident lawyer is an invaluable asset if you have been hurt in any type of crash involving a large commercial truck. While these accidents aren’t as common as passenger vehicle accidents, they tend to be far more damaging. They can also raise more complex questions of liability than you could expect after a standard passenger vehicle accident, so it’s important to hire a truck accident lawyer you trust to help you recover.

Drivers of commercial trucks provide a necessary service to California, shipping cargo across the state and country to homes and businesses. All truck drivers are highly trained, and most drivers behave responsibly and uphold the high standard of care required from them. Unfortunately, when accidents involving commercial trucks occur, they can be particularly devastating. If you are involved in a truck accident, it’s essential to understand how you can gain compensation for injuries and other damages.

Representing Los Angeles Victims of Truck Accidents

At Heimanson & Wolf, LLP, Attorneys at Law, we have worked for years to represent those injured in vehicle and truck accidents in the Los Angeles area and other communities in California. In the aftermath of a truck accident, you are likely dealing with significant and catastrophic injuries. In the worst circumstances, the loved ones of someone in a car accident are dealing with their loss. We want to help you file a claim to cover medical costs, lost income, and loss of a loved one.

Filing a personal injury or wrongful death claim can be overwhelming as you deal with injuries or a death in the family. The injuries and medical care required after a truck accident are significant, and a personal injury claim can cover these damages. Our attorneys understand the legal requirements of these claims and have the resources to find essential evidence like witness testimony to prove your claim. We can help you calculate the damages you deserve, and we refuse to let an insurance provider provide you with an inadequate settlement. We want to fight for your better interests.

Heimanson & Wolf, LLP, has cultivated a strong reputation as a leading choice for personal injury counsel in Los Angeles. It’s possible for truck accidents to happen on I-5, one of the busiest highways in California, or on smaller local roads. The area has some of the most congested traffic in the nation, and accidents happen in many ways every day. 

A truck accident can be traumatic and severely damaging, and you are likely to have lots of questions about your legal options following such a crash. We have years of experience helping injured clients navigate the legal aftermath of damaging accidents, resolving auto insurance claims, personal injury suits, and wrongful death cases on behalf of victims and their families throughout the Los Angeles area. 

We take a client-centered approach to personal injury counsel, meaning we can take time to get to know you and learn as much as we can about your accident and the effects it has had on your life and the lives of your loved ones. We are skilled at resolving difficult auto insurance claims and building comprehensive personal injury cases for our clients, and we are confident we can guide you to a positive conclusion to your case.

Proving Liability for a Truck Accident in Los Angeles 

The National Safety Council reported that in 2023, there were 114,552 large trucks involved in crashes resulting in nonfatal injuries and 5,375 large trucks involved in fatal crashes throughout the United States. Additionally, California had the second-highest total of truck accident fatalities in 2023, with 392 deaths. These accidents may not be as common as passenger car accidents, but the victims of truck accidents are mostly occupants of smaller passenger vehicles. 

If you believe another party is responsible for your recent truck accident in Los Angeles, you must prove fault before you can recover compensation for your damages. In some truck accident cases, the evidence shows that a trucking company or other employer is vicariously liable for the accident. For example, they may have failed to perform a background check or ensure proper training for a driver before assigning them work. 

If the facts of the case show that a trucking company is vicariously liable, your attorney can help you hold them accountable for your damages. Some trucking companies can face heavy fines as well if the evidence shows that they failed to follow industry safety regulations. 

Ultimately, you need to hire a truck accident lawyer who can help you gather all of the evidence you will need to prove fault for the accident. Your attorney can obtain evidence that you may not know how to secure on your own, such as trucking company records, cell phone data, vehicle GPS data, and testimony from eyewitnesses who saw your accident happen. 

It is also vital to consider California’s pure comparative negligence rule. It’s possible that you could be found partially liable for your truck accident, in which case you will be assigned a fault percentage. You will still be able to recover compensation, but your personal injury case award will be reduced by this fault percentage. Your shared fault can also interfere with an auto insurance claim. 

Most Common Causes of Truck Accidents in Los Angeles 

It’s possible for truck accidents to happen for the same reasons that passenger vehicle accidents happen. However, there are many additional risk factors when it comes to commercial truck accidents, and it is vital to know how you can prove fault for your accident so you can claim compensation from the party or parties responsible for your damages. Some of the leading causes of truck accidents in Los Angeles include: 

• Speeding. Excessive speeding is always dangerous, but this is especially true for large commercial trucks that are much heavier than passenger vehicles and require more time and distance to slow down or stop. Speeding increases the risk of an accident happening and the severity of resulting injuries.
• Distracted driving. All drivers have a duty of care to operate their vehicles attentively, and this is especially true for commercial truck drivers. Texting while driving and other forms of distraction can easily result in devastating accidents. Your attorney can help you obtain cell phone records and other evidence to prove that a defendant was distracted when they caused your accident.
• Fatigued driving. Truck drivers are required to follow hours-of-service regulations to ensure they get enough rest between driving shifts. Fatigued driving can be just as dangerous as intoxicated driving. A trucking company could be liable for this type of accident if it failed to follow hours-of-service regulations.
• Moving violations. Improper lane changes, illegal turns, failure to stop for red lights or stop signs, and failure to yield the right-of-way are just a few examples of moving violations that could potentially cause serious accidents.
• Regulatory noncompliance. Trucking companies must comply with the regulations set forth by the Federal Motor Carrier Safety Administration and various other state and federal agencies. Failure to do so that contributes to an accident happening can lead to fines and other penalties, along with shared fault for the resulting damages.
• Poor truck maintenance. The party responsible for maintaining the truck could be held accountable for an accident that resulted from failure to perform adequate maintenance or address a known mechanical issue with the truck that resulted in an accident.
• Improperly loaded cargo. Large tractor-trailers must be packed to ensure they are balanced. Special types of cargo, such as construction materials, timber, and smaller vehicles, also require specific security measures. If improperly secured cargo causes an accident, the party responsible for loading the truck could be liable for the damages.
• Intoxicated driving. Any driver who operates a vehicle under the influence of drugs or alcohol not only faces civil liability for the damages they cause in an accident, but also criminal prosecution for driving under the influence (DUI). Penalties can increase dramatically when the intoxicated driver has injured or killed someone. If a truck driver causes an accident this way, they will likely lose their commercial driver’s license.
• Defective products. It’s possible for a truck accident to happen due to some type of defect in the truck or the trailer it was carrying. When a product manufacturer is found liable for an accident in this way, they can face a product liability suit from the injured victim. 

These are only a few possible causes of truck accidents in Los Angeles. No matter how your accident happened, you must hire a truck accident lawyer who can help you gather the evidence you need to accurately prove fault for the accident and hold the appropriate party or parties accountable for the damages they caused.

Damages in a Los Angeles Truck Accident Claim

Truck accidents are likely to cause severe injuries and various expensive economic losses to those involved. The damages from a truck accident could easily eclipse what one might expect from a typical passenger vehicle accident, and it’s common for truck accidents to result in injuries to the occupants of multiple other vehicles. 

California follows a fault-based system for resolving all vehicle accident cases involving multiple drivers. This means that whoever was at fault for causing the accident is liable for the resulting damages. You will need to prove fault for your accident before you can claim compensation from any other party.

Under California personal injury law, you can file for any economic and financial losses because of the at-fault party. In a truck accident, the at-fault party may be the truck driver, the manufacturer of the truck, or even another driver on the road.

The victim of a truck accident may have suffered severe injuries, including broken bones, internal organ damage, spinal cord injuries, and traumatic brain injuries. They may not only require immediate emergency care but also long-term rehabilitation. They may be unable to work for the foreseeable future or left completely unable to work at all due to their injuries. It can be very difficult to calculate the full extent of these damages without an attorney’s help.

Economic damages are the easiest to calculate and are usually recognizable by most people filing for damages. They include damages such as:

• Medical bills, including hospital stays, transportation, surgeries, and physical therapy. The injured victim has the right to claim full compensation for any and all medical expenses they incur because of the accident, and this includes the cost of ongoing care they may need for serious injuries.
• Lost income during recovery. If the plaintiff is unable to work while they recover from their injuries, the defendant must repay the income the plaintiff is unable to earn during this time.
• Lost earning capacity if your injury is long-term. Truck accidents can easily cause catastrophic injuries that leave victims permanently disabled. If your ability to work and earn income has been irreparably diminished by your injuries, the defendant is liable for the future income you are no longer able to earn.
• Car repair or replacement costs. You may be able to recover compensation for the cost of repairing your vehicle or for the actual cash value of the vehicle if it was damaged beyond repair.

Additional property loss or damages. If any of your personal property inside your vehicle has been damaged or destroyed, you can also claim compensation for these losses.

These damages can be fully compensated by the person at-fault for your injuries and losses. Some damages and medical needs will be hard to recognize, but an attorney who has worked on cases like yours will be better equipped to anticipate future medical needs and complications.

What many people fail to calculate without an attorney when determining compensation is non-economic damages, as these are often subjective. In California, there is no cap on pain and suffering damages that are the result of accidents with state trucks. An attorney can work to maximize the damages you receive while you recover.

The plaintiff has the right to seek compensation for physical pain, emotional distress, and psychological trauma they have suffered due to a defendant’s negligence or misconduct. Generally, the severity of the plaintiff’s injuries dictates how much they can receive in pain and suffering compensation. Plaintiffs who have suffered permanently disabling and life-changing injuries typically receive more than those expected to fully recover from their injuries.

Filing an Auto Insurance Claim After a Truck Accident

All California drivers are required to have auto insurance, and this requirement extends to truck drivers and their employers. Most trucks are covered by commercial auto insurance policies that provide greater coverage than you could expect from a typical individual auto insurance policy in Los Angeles. However, it does not mean you should assume that insurance will fully cover your damages or that filing your claim will be simple and straightforward. 

Generally, insurance companies will almost always try to settle claims for as little as possible. You should expect the insurance carrier to look for any justification they can find to devalue or deny your claim. Insurance companies often use high-pressure tactics on injured claimants, hoping to coerce them into accepting lowball settlement offers. However, they are less likely to attempt this when a claimant has a Los Angeles truck accident lawyer representing them. 

Your truck accident lawyer can gather all of the evidence and witness testimony you will need to prove that the defendant is responsible for causing your claimed damages. They will help you file your claim to the defendant’s insurance carrier, submitting all supporting documentation necessary. You can then trust your attorney to resolve any disputes that arise, and if the insurer attempts to handle your case in bad faith, your attorney can help you address this as well. 

Building a Personal Injury Case for a Truck Accident in Los Angeles 

You may need to file a personal injury case against whoever caused your truck accident in Los Angeles. In any personal injury case, the injured plaintiff must identify the defendant or defendants responsible for injuring them, prove how their injury happened, and then prove the full extent of the resulting damages. Additionally, the plaintiff must establish causation with their claimed damages and the defendant’s actions, proving the defendant is directly responsible. 

Once you hire a truck accident lawyer and they have helped you establish fault for your accident, they can proceed with accurately calculating the full extent of your claimable damages. Navigating a personal injury case can be challenging in several ways, but with the right attorney on your side, you have a better chance of not only succeeding but also of maximizing your total compensation. 

Most personal injury cases filed in California each year are resolved with pretrial settlement negotiations. This process enables all parties involved to reach a mutually agreeable conclusion to the case in a shorter timeframe than litigation would allow, but only as long as all parties involved are willing to compromise and negotiate. 

During settlement negotiations, the parties and their respective legal representatives meet privately to attempt to resolve the case by reaching mutually acceptable terms. Your attorney can help you prove the full scope of the damages you suffered, and the defendant may be willing to settle the case quickly to avoid a lengthy and expensive court battle. 

However, liability for the accident could be contested, or the defendant may deny responsibility for some or all of the damages claimed by the plaintiff. Settlement is usually much faster than litigation, but it may still take several months to reach a mutually acceptable resolution. If the parties cannot reach a settlement, they must take the case to court, and this can take much longer to resolve. 

If litigation is necessary for resolving your case, it is vital to hire a truck accident lawyer who has proven experience winning cases like yours. Heimanson & Wolf, LLP, can develop an individualized case strategy for you. Trust us to negotiate a settlement if possible, but we are fully confident in our ability to represent you in litigation if necessary for your case. 

Filing a Wrongful Death Claim After a Fatal Truck Accident 

Unfortunately, not all truck accident victims survive. These accidents involve very large and heavy vehicles, and it is possible for a truck accident to involve multiple smaller passenger cars. When a vehicle accident in Los Angeles is fatal, the at-fault driver could face enormous liability for the wrongful death they caused. 

A wrongful death claim is a type of personal injury case filed by the surviving family of the fatally injured victim. While a standard personal injury case seeks compensation for the victim’s damages, a wrongful death case aims to compensate the victim’s family. Only certain parties are eligible to file wrongful death suits in California, and there are specific rules pertaining to the damages available.

It’s possible for the family of the fatally injured victim to recover compensation for funeral and burial expenses, lost financial support, damages to the deceased’s estate, and their pain and suffering. Heimanson & Wolf, LLP, can provide the compassionate and responsive legal counsel you need for a difficult wrongful death case following a fatal truck accident in Los Angeles.

Working With a Los Angeles Truck Accident Attorney

Depending on who was at fault for the accident, you may need to file a claim with the insurance provider for the trucking company or another at-fault driver’s insurance provider. You might also need to file a product liability claim if the accident was caused by faulty manufacturing. If the damages in a trucking accident can’t be fully covered by an insurance provider, you can also file a personal injury claim against the at-fault driver. This is often necessary for severe damage and long-lasting injuries.

This process of filing any of these claims can be complex and exhausting, particularly as you attempt to recover from any injuries. An attorney can assist with the filing and help you determine the ideal legal course of action for your situation. They can gather evidence in support of your claim and talk with insurance providers on your behalf. This can take a lot of stress off of you and give you the time you need to rest and heal.

Ultimately, hiring a Los Angeles truck accident lawyer can significantly improve your chances of not only succeeding with your recovery efforts but also of securing as much compensation as state law allows for your damages. Truck accidents can be life-changing, and you’re likely to have many pressing legal questions in the aftermath of your accident that you will be unable to answer for yourself. 

The attorneys at Heimanson & Wolf, LLP, are ready to provide the compassionate legal counsel you need in this difficult situation. You have limited time to file your case, and the evidence you may need to prove liability may not be available for very long. It’s vital to hire a truck accident lawyer at your first opportunity so you can have the greatest possible chance of success with your case. Reach out to us today to learn more about the legal services we offer that can help with your recovery.

FAQs About Los Angeles, CA Truck Accident Laws

Who Is Liable for a Truck Accident in Los Angeles? 

Liability for a truck accident in Los Angeles may fall to the driver of the truck, the driver of another vehicle, or a combination of multiple liable parties. In some cases, trucking companies and other employers are found vicariously liable for the actions of their employees. For example, if a trucking company never performed a background check on a driver and that driver caused an accident, the company would likely be vicariously liable for the resulting damages.

How Much Do Car Accident Lawyers Charge in California?

It’s common for those injured in car and truck accidents to worry about paying for legal counsel on top of financial losses. At Heimanson & Wolf, LLP, Attorneys at Law, we charge based on a contingency fee. This means we are paid a percentage of your final compensation, and we don’t charge up-front fees. You only owe us legal fees if we succeed at earning you the compensation you deserve. Additionally, those who work with attorneys are likely to earn much more compensation than they would have without legal assistance.

Why Should You Call a Lawyer Before You Call the Insurance Company?

Even a short discussion with an insurance company can allow them to use that information to avoid paying you the compensation you deserve after a car or truck accident. When you talk with an attorney first, they can help you understand your legal rights and how to protect your claim and compensation. Additionally, your attorney can handle negotiation and discussion with the insurance company in your stead.

How Much Are Most Truck Accident Settlements?

There are many factors that impact a truck accident settlement. Because many accidents between trucks and personal vehicles result in devastating injuries to those in the car, settlements are often significantly higher to cover those injuries and losses. Compensation may need to cover surgeries, long-term medical rehabilitation, and a lower quality of life for the injured party. To understand more precisely the damages available in your circumstances, talk with a legal professional.

How Long Does a Truck Accident Case Take to Conclude?

This depends on the specifics of a case. The fault may be on the truck driver, the driver of another vehicle, or the manufacturer and distributor of the truck. If there is clear and provable fault in a truck accident claim, the case may be resolved quickly, in only a few weeks. If your case is more complex and hard to prove fault, it could take much longer. The length of a case also depends on whether a fair settlement can be reached in negotiation, or if the case must enter litigation.

Get in Touch with Our Los Angeles Truck Accident Lawyers Today

You need to hire a truck accident lawyer as quickly as possible after your accident to have the greatest chance of success with your recovery efforts. At Heimanson & Wolf, LLP, Attorneys at Law, we work with you from the start of your truck accident claim and through every step of the negotiations until we can obtain the compensation you deserve. Contact our exceptional attorneys today to see how we can help you.