Truck accidents in California cause a significant number of injuries and deaths every year. In fact, in the year 2013, the California Highway Patrol reported that there were 256 fatal truck collisions in the state, and an additional 5,290 injury truck collisions. Many trucking accidents are caused as a result of a trucking company’s negligence. When a trucking company causes a serious accident, the victims of that accident have the right to seek compensation for injuries.
Understand Truck Company Negligence
In order to file a claim against a trucking company for damages, you will have to prove that the trucking company acted negligently, and that this negligence was the direct cause of the accident.
A truck accident can be caused by a variety of irresponsible acts. For example, the following are possible cases of trucking company negligence:
- Failing to maintain a vehicle to state or federal standards, resulting in an accident;
- Hiring a driver with a poor driving record (history of drunk driving, reckless driving, speeding, etc.);
- Failing to properly secure or double-check a cargo load;
- Overworking a driver past federal hours of service limits;
- Employing a negligent driver; or
- Failing to properly train an employee.
If any of the above were the cause of your accident that resulted in injuries, the trucking company involved may be held liable.
Prove Damages You Have Suffered
In addition to proving negligence, you will also have to prove damages. Truck accidents caused by truck company negligence can cause devastating injuries. In addition to vehicle damage, a person involve in a truck accident may also suffer from crippling medical bills, loss of wages from being unable to return to work, painful injuries, and severe scarring and disfigurement. In the most traumatic of cases, a truck accident can result in death.
California is an at-fault car insurance state. As such, even if you have not suffered injuries that are severe, you still have the right to pursue a claim against the at-fault driver’s insurance company or directly against the at-fault driver. If you can prove negligence and damages, you may be able to recover compensation for all economic and non-economic losses.
Collect Evidence to Support Your Claim
To help you to prove both negligence and damages, you will need to collect evidence. You can use any and all types of evidence that are relevant to supporting your claim. These can include truck driver logs, a truck’s electronic control module data, witness testimony, truck maintenance logs, police reports, video footage, and physical evidence from the accident scene. An attorney can help you to gather the right type of evidence, and present it in order to support your claim and recover damages.
Take Action Before It Is Too Late
The statute of limitations for filing a personal injury claim after a truck accident is two years. Before time runs out and your right to file a civil action expires, consult with the experienced San Diego truck accident attorneys at Berman & Riedel, LLP. You can reach us today by calling 858-350-8855.