Truck Accident Attorneys

The US Federal Motor Carrier Administration reports that there were over 120,000 large truck accidents last year in the US. Data shows that there were over 50,00 injuries in these accidents that same year. Were you recently injured in a Bakersfield car accident involving an 18-wheeler, big rig, or another large commercial vehicle but not sure if you should meet with truck accident attorneys?

Consider the following circumstances to better help you determine whether or not to seek legal counsel for your truck accident case. 

What Is a Truck Accident Claim?

A truck accident claim is a multi-layered process that must correlate with the city of Bakersfield’s vehicle and traffic municipal codes. It involves gathering evidence to show negligence and identifying all liable parties for injuries involving a commercial vehicle.

Due to the sheer size and weight of commercial vehicles, truck drivers are bound by both federal and state laws to make sure others on the road are safe. When truck drivers receive their commercial-grade license, they pledge to follow these federal and state laws as a requirement to get their license. 

Also, there are federal laws that require truck drivers to take mandatory rest periods during their route. Some state laws require truck drivers to guarantee that their tractor-trailer doesn’t exceed the specified height or weight limits.

A truck accident claim will investigate all accident details to make sure both federal and local regulations were complied with.

What Do Truck Accident Attorneys Do?

Truck accident lawyers represent victims who are injured due to an accident involving a truck driver.  These types of attorneys fall under the umbrella of personal injury lawyers. In addition, a truck accident lawyer specializes in an area of the law called tort law.

Truck accident lawyers help guide injured victims through settlement negotiations with insurance companies. They also help if the case goes to trial because a settlement could not be negotiated. Other services a truck accident attorney can provide are:

Manage Multiple Party Liability

Sometimes a truck accident involves a truck driver who is the owner-operator. This title means the driver is self-employed and owns the vehicle. When an owner-operator causes the accident, they alone are responsible for any accident-related damages.

Some truck drivers work for a company that owns a fleet of vehicles. Other companies involved in this industry include cargo loading firms and third-party maintenance companies.

Other insurance providers represent the companies that own the cargo being transported. These other companies could also share in the responsibility for a crash as well.

Draft/Respond to a Demand for Compensation

Truck accident lawyers will draft or respond to demands for compensation on behalf of their clients. If you’re a victim, a truck accident attorney mails your demand document to the driver responsible for your injuries. They’ll also send copies to all involved insurance providers as well.

A demand for compensation summarizes any damages and injuries received. These demand documents will also include a summary of the victim’s reasoning why the truck driver is responsible for their injury.

The demand for compensation will also outline how much the victim needs reimbursement to correct their damages. If the insurance companies refuse to offer a fair settlement the victim’s truck accident lawyer will file a lawsuit through the legal system. That’s when your matter comes before a judge and jury, and the jurors decide the outcome.

Comply With the Statute of Limitations

A statute of limitations is a group of laws that spell out how long injured victims have after an accident to file their lawsuit. When victims don’t file their lawsuit by these deadlines, they will not be eligible to recover damages, regardless if compensation is rightfully owed.

A truck accident lawyer will help a victim file their lawsuit free of mistakes and consistent with these mandatory deadlines. They can also help victims file their claims at a later day if their injuries appear at a future date.

Injuries that appear at future dates are called delayed-onset injuries. Delayed-onset injury lawsuits require different trial court filing requirements to follow.

Settlement Negotiations

Many times, the driver and victim in a truck accident will want to drop their legal battles and settle their case privately outside of the legal process. The majority of truck accident injury cases are settled outside of the courtroom.

Truck accident attorneys will represent victims in these negotiations. Both sides then avoid paying court expenses and find a resolution more quickly.

Negotiations get tricky with crashes involving commercial vehicles. This is often because there can be multiple parties liable for this type of accident. Each party will have its own insurance provider to negotiate with.

For example, the company that hires the truck driver will have its own liability insurance provider. The truck driver will likely have an individual insurance policy, as well. Most commercial vehicles will secure a vehicle-specific insurance policy.

With so many insurance providers to keep track of, it’s probably best to secure the services of a truck accident lawyer. They are skilled at understanding these different insurance policies. Also, the most skilled attorneys know how to negotiate.

The Next Steps

Begin the process of filing a personal injury claim today, even if you don’t have any current serious injury symptoms. When researching “truck accident lawyer near me,” make sure the law firm you choose specializes in auto accidents involving large commercial vehicles, like tractor-trailers, big rig trucks, or 18-wheelers. The Law Offices of Daniel Kim can help you file a claim and get you the compensation you deserve. Schedule a free consultation with us today.