At The Farias Firm, we’re the truck accident lawyer team that makes a difference when you need us most. According to the California Office of Traffic Safety, traffic accidents result in more than 3,000 deaths each year in the State of California alone. Because of their size, trucks are some of the most dangerous vehicles on the road.
When you’re in a crash, our truck accident lawyer team in Encino, CA is ready to work relentlessly for your rights. Victims may receive financial compensation, but they must bring a claim. Our law firm can represent you through all steps of the claim.
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Can I get financial compensation for a truck accident in Encino, CA?
You can get financial compensation for a truck accident in Encino, CA if another party is at fault for the crash. There are several reasons that a party may be at fault. California law requires those responsible to pay victims for the harm that they cause.
What is fault for a truck accident?
Examples of fault for a truck accident are:
- Failing to leave sufficient stopping distance and space between other vehicles
- Running a stop sign, not following traffic lights and signals
- Unsecured load, items falling from the vehicle
- Drunk driving, driving under the influence of drugs
- Too many hours in a row without rest
- Poor training to drive a commercial truck
- Hiring drivers who are not qualified
- Manufacturing, design and operational defects with the vehicle
- Other negligence and a lack of care on the roads
What do I need to know about truck accident lawsuits?
Because of their large size, trucks often cause serious injuries when they are in an accident. For that reason, operators must use extra care and caution on the roads. As a victim, you should know that all your losses can be claimed – even long-term medical care and the overall impact on your life can be compensated. An experienced truck accident lawyer can help you look beyond the most basic expenses to ensure that your claim doesn’t leave anything out.
What are California laws for fault in a truck accident?
The laws for fault in a truck accident in California are from California Civil Code § 1714. Every person is responsible for willful acts that harm others. Also, they are legally liable for harm that comes from a lack of ordinary care or skill in the management of property or person. A person has fault for a truck accident if they aren’t being careful enough and a crash happens as a result.
Who can be sued for a truck accident?
Any of the following parties may be sued for a truck accident:
- Employer of the truck driver
- Third-party company responsible for securing the items carried in the truck
- Manufacturer of the truck
- Driver of the truck
- Operator of another vehicle who is negligent in causing the accident
Truck accident claims often depend on insurance policies. When you’re a crash victim, having insurance available to cover fault and pay damages can be a welcome relief. One of the important ways that your attorney assists you is by identifying these insurance companies, involving them in the case and, if necessary, including them in litigation.
Truck Accident Lawsuit FAQs
Can an employer be liable for a truck accident in California?
Yes, an employer can be liable for a truck accident in California. The legal doctrine of respondeat superior makes the employer legally responsible for the actions of their employee. In addition, the employer may be directly liable for negligent hiring, supervision or retention of employees if their actions lead to a crash.
Is there a damage cap on a truck accident claim in California?
No, there is no damage cap on a truck accident claim in California. The victim may claim the full extent of their economic and non-economic damages whatever they may be.
There are a few exceptions – drivers convicted of DUI may not recover non-economic damages. In addition, uninsured drivers have limitations on non-economic damages claims.
Source: California Civil Code § 3333.4
What happens if multiple parties are at fault for a truck accident in California?
If multiple parties are at fault for a truck accident, comparative negligence may assign fault among those responsible. A party who is partially at fault may still recover some of their actual damages reduced based on their fault. If there are multiple defendants, California law allows for several liability.
What do I have to prove to win a California truck accident case?
To win a California truck accident case, you must prove each of the following elements:
- A person acted negligently or with a lack of ordinary care
- Their actions were a substantial factor in an accident
- Damage resulted to the victim
Remember you must prove your damages to a certain amount.
How long does it take to settle a truck accident?
A truck accident can take anywhere from several weeks to more than a year to settle. Because the amount of compensation involved in a truck accident is often high, it’s important not to rush the process. You must carefully value your damages including future medical expenses and pain and suffering.
Building the evidence strongly can make your case go faster. If the other side appreciates that you have convincing evidence, they may be more interested in reaching a settlement to resolve the case. Your lawyer for truck accidents can help you reach the right balance of pursuing your case aggressively and working towards a fast resolution.
What is the average payout for a truck accident?
While each case is unique, the payout for a truck accident may range from $75,000-$500,000. Often, settlements are confidential. Rather than an average, each victim has the right to the amount that reflects their actual losses. Be sure to individually value both economic and non-economic damages.
Do semi-truck cases go to trial?
Most semi-truck cases don’t go to trial. With a discovery process that allows parties to exchange information, insurance policies to pay claims and non-trial alternative dispute resolution proceedings, most cases do not go to trial.
Don’t let worry about trial stop you from meeting with a lawyer for truck accidents. They can discuss all your litigation goals. If you choose to take your case to trial, they work with you to prepare so that you walk into the courtroom with confidence, with your legal team to represent you.
The Farias Firm – Truck Accident Lawyers Near Encino, CA
Jaime G. Farias is a truck accident lawyer near Encino, CA that is here to fight for your rights, regardless of your immigration status. He understands the needs of the local community. He knows the fear and anxiety that comes with being a victim.
When you need help, The Farias Firm is here to make a difference. They are committed to fighting back against injustice during the most difficult moments of your life.
Free Consultation With Truck Accident Lawyers
The Farias Firm represents victims on a contingency fee basis. That means there is no cost to hire our legal team. When we represent you, we take your case and you owe nothing until you have a judgment in your favor.
Your consultation is free. Call now or message us today to talk about your case and see how we can represent you to get compensation for your truck accident case. Contact us today for your free case evaluation.