Montebello Truck Accident Lawyer

Montebello Delivery Truck Accident Attorney

Commercial trucking is a critical component of the American economy, and drivers in the Montebello area encounter large trucks on the road every day. While less common than standard passenger vehicle accidents, they tend to be far more damaging and raise very complex questions concerning liability. A Montebello truck accident lawyer can help you understand your rights and your recovery options after such an incident.

Helping Truck Accident Victims Recover in Montebello, CA

The attorneys at Heimanson & Wolf, LLP, have successfully represented many personal injury claims in Montebello and know the challenges you are likely to face in the aftermath of your recent truck accident. We have helped many past clients recover from damaging commercial truck accidents and can leverage this experience for you in your impending case.

Your recovery is likely to begin with an investigation to firmly establish liability for the accident, followed by a claim against the at-fault driver’s auto insurance policy. If your damages exceed the scope of their insurance coverage, a personal injury claim will be necessary for you to recover the rest of your damages. For all the recovery efforts you must attempt, an experienced Montebello truck accident lawyer is the ideal asset to have on your side.

Most Common Causes of Truck Accidents

Commercial truck accidents can happen just like all other accidents, and commercial trucks face the same risk factors on the road. However, there are a few unique safety issues with commercial trucks that can also cause devastating collisions. Some of the most commonly cited causes of truck accidents in the Montebello area include:

• Distraction. Across the United States, distracted driving is one of the most commonly cited forms of driver negligence responsible for serious accidents in every state. Anything that distracts a driver’s attention away from the safe operation of their vehicle can potentially cause an accident. Your Montebello truck accident lawyer can help secure cell phone records and other evidence to prove a defendant was inattentive behind the wheel.
• Speeding. It is dangerous for any driver to exceed the speed limit, but this is especially so for truck drivers. Their large and heavy vehicles need more time and distance to slow down or stop when necessary. Speeding greatly increases the chances of an accident happening as well as the severity of the results. Excessive speeding may also lead to reckless driving charges for an at-fault driver.
• Traffic violations. All drivers are responsible for adhering to the rules of the road and obeying traffic signals at all times. Any moving violation, such as failure to stop for a red light or stop sign, taking an illegal turn, or failing to yield the right-of-way where necessary, could result in a serious accident.
• Improper cargo loading. A large tractor-trailer must be loaded correctly, and cargo must be secured and balanced; otherwise, the truck driver could lose control of the vehicle in certain traffic conditions. The party responsible for loading the truck could face liability for the damages resulting from this type of error.
• Poor maintenance. Large commercial trucks have demanding maintenance requirements. Failure to properly maintain a truck could lead to a mechanical failure on the road, in which case the party responsible for the truck’s maintenance would face liability for the resulting damages.

This is not an exhaustive list of all the possible causes of truck accidents on state roads. If you are unsure of exactly how your accident happened, an experienced Montebello truck accident lawyer can help gather the evidence you will need to firmly establish liability for the accident and hold the appropriate party or parties accountable for their actions. Traffic camera recordings, vehicle computer data, and witness testimony could all be vital to your case.

Recovery From Your Truck Accident in Montebello

Establishing liability is just the first step in resolving your truck accident case in Montebello, CA. Once you accomplish this, you can proceed with claiming compensation from the at-fault party. This process begins with an auto insurance claim. Every driver in the state is required by state law to have auto insurance that includes coverage for bodily injuries and property damage the policyholder causes in an accident.

Your Montebello truck accident lawyer can help gather the evidence you will need to establish liability for the accident and begin the insurance claim filing process. An insurance carrier is more likely to process your claim efficiently and in good faith if they see that you are represented by counsel. After resolving any disputes against your insurance claim and receiving your settlement, your attorney can then assist you in pursuing further recovery.

A personal injury claim can enable you to recover compensation that you could not recover through your auto insurance claim. Under California’s personal injury statutes, the party responsible for causing your injury is liable for the full extent of economic damages you suffered because of their actions, and you can also hold them accountable for non-economic damages.

Economic damages are the direct financial result of the accident that the defendant’s insurance can’t cover. These are likely to include property damage, medical expenses, and lost income. It’s important to remember that you can not only claim compensation for immediately recognizable economic damages but also anticipated future economic losses resulting from the accident, such as the cost of necessary ongoing medical care and lost earning power.

Non-economic damages include physical pain, emotional distress, psychological trauma, and diminished enjoyment of life resulting from severe injuries. There is no limit to how much pain and suffering compensation you can seek in your claim, nor is there a set formula you must use to calculate how much pain and suffering compensation to include in your civil suit. Your Montebello truck accident lawyer can help you determine a suitable figure.

The attorneys at Heimanson & Wolf, LLP, take every personal injury case with the goal of helping our client recover the maximum compensation possible under state law. We excel at defending our clients before large insurance companies and know how to craft compelling civil suits when insurance alone cannot cover our client’s losses. Whatever your case entails, our firm can represent you through every step of your recovery efforts.

FAQs

Q: What Is Vicarious Liability in a Truck Accident Case?

A: The term “vicarious liability” can apply to any situation in which one party shares blame for the actions of another party. This most commonly applies to an employer facing responsibility for their employee’s actions due to some form of negligence on the part of the employer. For example, vicarious liability can apply if a truck driver caused an accident from drunk driving and their employer had never performed a background check that would have exposed the driver’s record.

Q: Is California a No-Fault State for Vehicle Accidents?

A: No, it upholds the fault rule. This means that whoever is at fault for causing an accident absorbs liability for the resulting damages. An injured driver must establish fault before they will be able to recover any compensation for the losses they suffered. They must prove fault before filing an auto insurance claim and/or personal injury suit against the other driver, and it is possible for more than one party to share liability.

Q: What Is the Comparative Fault Rule?

A: The state follows a pure comparative fault rule, which applies to any civil suit in which more than one party shares liability for the damages. Each liable party has a fault percentage assigned, which reflects the share of the damages they are responsible for repaying. If a plaintiff bears partial fault, their percentage is taken from their case award as a penalty. Your Montebello truck accident lawyer can help you determine whether shared fault could influence your recovery.

Q: How Long Do I Have to File a Truck Accident Claim in Montebello?

A: There is a very short time limit for filing an auto insurance claim. You must at least notify an insurer of your intent to file a claim within a few days of your accident. You have a longer timeframe in which to file a personal injury suit against the at-fault driver if their insurance can’t fully cover your damages. The statute of limitations for most personal injury claims in California is two years, starting on the date of the accident.

Q: Will I Win More Compensation if I Hire a Montebello Truck Accident Lawyer?

A: Hiring an experienced Montebello truck accident lawyer to represent your case significantly increases your chances of success with the claim and the likelihood of you maximizing your total compensation. A seasoned attorney can identify all the various forms of compensation you can include in your claim, including some you may have overlooked on your own.

The attorneys at Heimanson & Wolf, LLP, have years of professional experience handling a wide range of complex personal injury cases, including those arising from commercial truck accidents. These cases tend to be more challenging to resolve than most standard passenger accident claims, and we have the skills and experience you want on your side. Contact us today to schedule a free consultation with a Montebello truck accident lawyer to learn how we can help.