Santa Monica Truck Accident Lawyer

Santa Monica Truck Accident Attorney

Semi-trucks are massive vehicles compared with everything else that’s on the road. An accident involving one is very likely to involve significant damage and injuries, even death. Victims of these accidents, when not primarily at fault, are owed compensation from the truck driver, trucking company, or others. This compensation is usually paid out by reluctant insurance companies, and it can take an aggressive effort to get them to pay what they owe. Fortunately, law firms like Heimanson & Wolf, LLP, exist to take on these kinds of challenges and see that victims get what they deserve.

How to Win a Truck Accident Case

Winning a truck accident case in Santa Monica, CA requires that negligence on the part of the allegedly liable party be established. Only once liability is proven will potential damages be considered. To go from injuries to damages in a civil claim is a four-part process:

• A Duty – There must first be demonstrated that the allegedly liable party had a duty to care. What this means is that it must be shown that, given the circumstances, they had good reason to consider others around them and to take reasonable measures to ensure their safety. This idea is easily accepted for anything involving drivers and the roads. Operators of motor vehicles have a duty to be observant and respectful of those around them.
• A Breach of Duty – Following the demonstration of a duty, it must then be shown that the duty failed to be met. This is what is known as a “breach” of duty. For truck drivers, this can be easier to establish when there is a fairly obvious breach, along the lines of something like violating the rules of the road or distracted driving.
• The Cause – Once a breach of duty is established, the plaintiff must be able to show that the breach led directly to the accident in which their injuries were sustained. It is possible that, in some situations, a breach may not be the cause of an accident. If we imagine that a truck driver is sitting at a stop sign, they could potentially be violating any number of regulations, including having driven too many hours without rest, but that violation isn’t relevant if someone else ran into the stopped truck, as it wouldn’t have been the cause of the accident. Therefore, the link between breach and cause must be elaborated.
• Costs – Finally, damages are awarded to cover costs related to the accident. This means that the plaintiff must show that the costs that they are seeking to have covered were borne as a direct result of the injuries that they suffered in the accident.

What to Do If You’ve Been Hit by a Truck

If you’ve been in an accident with a truck, then there are some things to keep in mind afterward to give your case a stronger shot at success. Your ability to remember or accomplish any of these things could be limited based on the severity of your injuries, which is understandable. To the extent that you or someone with you can, you should try to do the following things:

• Get Medical Help – This includes getting emergency medical help at the scene to check for anything traumatic, as well as getting a full medical examination after leaving the scene if a hospital stay isn’t necessary. The sooner you are able to do this, the better. Any delays could be used to argue that the injuries were sustained at a different time or weren’t as serious as claimed. Don’t try to “tough it out;” go get checked out.
• Gather Information – At the scene, to the extent that you or someone with you is able, it’s important to get information relevant to the situation. This, of course, includes getting the truck driver’s contact information and insurance information. You also want to get any contact information for eyewitnesses who saw what happened. Lastly, photos and videos of the scene, damage, injuries, all vehicles, and a full shot of the situation, including any skid marks, can be very helpful when arguing your case. As the process continues forward, it’s also critical that you document any medical diagnoses and bills associated with the injuries.
• Don’t Say Much – Remember that damages are tied to liability, and interested parties may take anything you say that sounds like an admission of fault and use it against you. While it’s important that you fully answer any police questions about the accident, you should avoid much discussion of the accident beyond that, particularly with insurance agents.
• Contact a Lawyer – At Heimanson & Wolf, LLP, we can help walk you through every step of the process, see that you don’t accidentally take the blame, and represent you in seeking the compensation that you deserve.

FAQs About Santa Monica, CA Truck Accident Laws

What Kinds of Costs Are Included in Damages?

Damages is the term for the monetary award that is paid out at the end of a successful personal injury claim. They are meant to compensate the victim and/or the victim’s family for the costs that were incurred as a result of the injuries sustained due to another party’s negligence. The damages in the case of a truck accident will usually fall into two categories:

• Economic Damages – There are a variety of costs associated with a truck accident that are quantifiable because there is some kind of bill or calculable cost associated with it. This includes things like medical bills, future medical costs, property damages, missed wages, and future missed wages. Any quantifiable cost is paid out through economic damages.
• Non-Economic Damages – The costs of a truck accident aren’t limited to just the quantifiable. There are also psychological and emotional costs that can be incurred. These include things like pain and suffering. It also includes anxiety or depression that can be directly attributed to the injuries sustained. While money can’t necessarily fix things, it can allow a person the space and resources to address some of these issues. That’s why those things are paid out at a rate aligned with precedent under non-economic damages.

It’s important to realize that your damage payout may be reduced if you are found to bear some liability at the rate equivalent to your share of liability. For example, if an accident was determined to be 20% your fault, then the total damages may be reduced by 20%.

How Long Do I Have to File a Claim?

The statute of limitations on car accidents, which a truck accident is a subset of, is two years. This means that, in almost every case, a claim must be filed within two years from the date of the accident. In some circumstances where an injury was discovered later, the limitation could be extended. If, though, the government, due to mismanagement of the roads, signage, signals, or some other shortcoming, is who you believe is liable, that case must be filed within six months.

Who Can Be Held Liable in a Truck Accident?

Truck accidents, because they are almost always involved in commercial activity, can often have a number of parties potentially at fault. In some cases, multiple parties may be targeted for potentially being included in a claim. However, it’s important to remember that the victim, if they are found to have acted negligently, may also bear some fault as well. Some of the potentially liable parties include:

• The Driver – If the driver was behaving in an unsafe manner, whether by not following the rules of the road, driving distracted, or some other behavior, they may be held liable.
• The Trucking Company – Trucking companies can often have policies and expectations, such as unreasonable delivery time expectations, that can lead to an increased likelihood of unsafe driving by drivers. In these cases, the trucking company may sometimes be held liable.
• A Driver of a Third Vehicle – Some accidents are the result of drivers trying to avoid another car that was driving recklessly. In this case, the driver of that vehicle, though not directly involved in the accident, could be held liable.
• The Truck or Part Manufacturer – Sometimes, a faulty part could be to blame for the accident, in which case the manufacturer of the part or the truck may be at fault.
• A Truck Maintenance Provider – If maintenance was not performed properly or repairs were not done properly, then it’s possible that the mechanic shop responsible for the maintenance could be the liable party.

What If a Loved One Was Killed in a Truck Accident?

When someone is killed in a truck accident, a qualifying family member may be eligible to bring a wrongful death claim against the liable parties. These claims are very similar to personal injury claims, but they also include expenses related to the death, such as funeral costs and others associated with the loss of the victim.

If You’ve Been in a Truck Accident, We Can Help

It’s not always easy or straightforward to get what you’re owed after a truck accident. The insurance companies responsible for paying out claims do not often do so willingly. To get what you’re owed may require a fight. That doesn’t mean, though, that you have to fight alone. At Heimanson & Wolf, LLP, we fight on your behalf. We are ready to investigate your claim, negotiate with the insurance company and, if needed, represent you in civil court. Contact us to take a look at your case today.