The Top Truck Accident Attorney - Downey, CA
The rules governing how trucking companies are allowed to operate have improved through the years, prompting safer driving and fewer car accidents. However, truck accidents throughout Los Angeles County still occur at an alarming rate, impacting many on an annual basis.
Although victims of truck accidents are entitled to monetary compensation, which can account for their medical expenses and other financial losses, the insurance companies are not typically unwavering when it comes to paying back what is owed.
This is why working with a Downey truck accident lawyer is so beneficial. Legal representation offers many benefits; discover them here.
What to Know About California's Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) is responsible for regulating the safety laws of commercial motor vehicles (CMVs), such as delivery trucks, 18-wheelers, tractor-trailers, and more.
The overall purpose of the FMCSA is to reduce the rate of truck accidents that cause severe injuries and fatalities. Through various safety programs, trucking companies are regulated and must follow various precautions. Some programs include the following.
- Compliance, Safety, Accountability: Enforcement program that holds motor carriers and drivers accountable by submitting warning letters and conducting investigations when suspicious of violations
- Safety Measurement System: Compiles and shares data collected from roadside inspections, driver and vehicle violations, and crash reports for a measurement safety program
- Pre-employment Screening Program: Assist motor carriers in making an informed decision when it comes to hiring new truck drivers by providing access to commercial drivers' inspection history
Still, even with these rules and regulations in place, trucking companies and truck drivers have been found guilty of negligent practices, ultimately causing serious truck accidents.
When this happens, injured victims have the right to file a truck accident claim, but the big insurance companies are also prepared to push back.
Trucking Companies Are Prepared for Legal Action
The trucking industry is backed by a legal team to assist in protecting the company's bottom line following an accident with their truck drivers.
In most truck accident cases, where the stakes are high, the defendant will attempt to reduce the settlement as much as possible. Unfortunately, these companies have ample resources to accomplish this.
Additionally, it is not uncommon for both the plaintiff and truck driver to share fault in an accident. This is something that the trucking company and insurance company will try to exploit, as it prevents victims from recovering maximum damages.
Before speaking with an insurance adjuster or anyone affiliated with the trucking company, it is important to be aware of the various risks surrounding filing a truck accident lawsuit.
Truck Accident Lawyers Are Prepared to Fight Back
Personal injury victims might not be familiar with the laws governing the trucking industry, like the hours of service limitations or break requirements. However, an experienced Downey truck accident attorney is, which is a vital component in holding all of the appropriate parties accountable.
An overworked truck driver who has been pressured to bypass a legal break period is more susceptible to an accident caused by fatigue and exhaustion. While investigating the event, a Downey truck accident attorney can obtain a truck's black box, which will indicate when the truck driver made its last stop to rest.
If the recorded data indicates that the time was well beyond the designated hours of service limit, the truck driver and the truck company could be held liable for damages.
The knowledge and experience that an attorney can provide to truck accident victims are invaluable, as their qualifications not only improve the chance of success but the settlement amount also significantly increases.
Damages That Can Be Recovered in Truck Accident Cases
Due to the weight and sizes of most commercial vehicles, they are more likely to cause serious injuries to those involved. These injuries may result in high medical bills and time missed from work.
This is why victims suffering from truck accident injuries are granted the legal right in seeking compensation in the form of damages. Common examples of recoverable damages include:
- Current and future medical bills
- Lost wages
- Loss of future income
- Property damage
- Pain and suffering
Common Causes of Truck Accidents and Proving Liability
All motor vehicle accidents are unique and could be the result of varying factors. In Southern California, the most common causes of truck accidents are often attributed to the following:
- Driving under the influence of drugs/alcohol
- Distracted driving (texting, looking at a GPS, etc.)
- Fatigued driving
- Reckless driving (speeding, failing to signal, etc.)
- Faulty equipment (vehicle failure)
Based on the type of accident and potential cause, it can be determined if more than one party is responsible for the truck accident.
These types of cases are unique because sometimes it is not just the truck driver who is at fault. Sometimes, an employer, loading company, or vehicle manufacturer can also be at fault for causing the truck accident.
The Benefits a Skilled Truck Accident Lawyer Provides
At Promenade Accident Attorneys, our law firm understands how terrifying and overwhelming car accidents are. Please, know that you are not alone in holding the at-fault parties accountable.
Our experienced truck accident lawyers are available to help you navigate the complex legal system and fight for the compensation you deserve.
Our law firm will investigate the accident, gather evidence, and build a strong truck accident case on your behalf. We will also negotiate with the insurance companies to ensure that you receive a fair settlement, all on a contingency basis with no upfront costs.
If you are ready to take the first step toward recovery, please schedule a free consultation with our Downey law offices.Call Now