Legal Mistakes That People Make in a Large Truck Accident Case
Thousands of people are killed and injured each year in large truck accidents. Because the injuries caused by a truck accident can be severe, the financial and non-economic damages can be substantial. Proving liability in a truck accident case can be difficult, but it is necessary if you want to recover full compensation for your damages. It is important to work with an experienced California truck accident attorney from the very beginning to avoid some common legal mistakes that can hurt your truck accident claim.
1. Failing to Start Working on the Claim Immediately
Truck companies and their insurance providers have teams that respond to accidents and begin working on the case immediately. Truck accident claims tend to involve larger amounts of money. Therefore, the companies want to mitigate their liability as much as possible. A lot of evidence can be lost by waiting to begin investigating the accident. It is extremely important to protect and preserve evidence that proves liability.
Hiring an attorney with experience handling large truck accident claims is crucial because that attorney understands how important it is to take immediate steps to preserve key evidence, including the truck’s black box, the driver’s log, maintenance records, and physical evidence from the crash scene.
2. Trying to use the same rules that are applicable in a car accident case.
While the laws that govern personal injury cases caused by motor vehicle accidents are the same, there are some rules and regulations applicable to truck accident cases that are not applicable in other accidents. Some of these rules and regulations can be very useful when you are filing a commercial truck accident claim. Our lawyers understand how to apply rules and laws related to truck maintenance, operating hours, drug testing, employee training, and other regulations to help prove liability in a large truck accident claim.
3. Only focusing on the truck driver’s errors.
While many large truck accidents are caused by driver error, including drowsy driving, speeding, drunk driving, inexperience, and distracted driving, it is not wise to focus solely on the driver’s error. You need to include the truck company and other parties in your claim to increase the chance of recovering the most money possible for your claim. An experienced truck accident attorney will look at all parties that might share in the responsibility for the crash.
4. Failing to use experts.
Commercial truck accident cases are very different from accidents involving passenger vehicles only. An experienced truck accident attorney understands that you need experts in various fields to assist in the accident investigation and preparing of a claim. Examples of experts that may be crucial in a truck accident case include:
- Truck or Commercial Vehicle Mechanic
- Major Accident Reconstructionist
- Traffic, Mechanical, or Roadway Engineers
- Roadway Design Experts
- Safety and Transportation Experts
- Medical Experts
Failing to hire the right experts in a truck accident case could potentially have a significant negative impact on the outcome of your claim.
5. Accepting the claim that the driver is an independent contractor.
Insurance companies purposefully try to shield themselves from liability by utilizing independent contractors as truck drivers. However, many of these so-called “independent” contractors are company employees. Even drivers who may own and operate their own truck are so closely intertwined with the trucking company that the company cannot escape liability by using the independent contractor defense. Our lawyers dig deep to identify all liable parties, regardless of what a trucking company may initially claim about its relationship with the truck driver.
Truck Accident Attorneys for Fresno And Central California Valley
Don’t make a costly mistake by failing to contact an experienced truck accident attorney as soon as possible after the accident. Call Torem & Associates at (888) 500-5000or online by using the contact form on our website to request a free case evaluation and legal consultation. Learn about your rights and options from an experienced Fresno truck accident lawyer.