You can claim economic damages, which should cover the costs of fixing or replacing your car, medical bills, including rehabilitation programs, as well as your lost wages, past and future, if you’re left with a physical disability.
California has the highest number of fatal car accidents among all the 50 states, with 3,316 killed, according to national road safety statistics for 2019. Many of these deaths occur in truck-related accidents, by far the deadliest crashes due to the sheer volume of a commercial vehicle like a semi or an 18-wheeler.
If you were injured or you lost someone in such an accident, you must look up the best California truck accident lawyers to make sure you are getting the justice you deserve. You need to do this right away if you don’t want to compromise your chances of getting a fair settlement.
The moment experienced San Diego truck accident lawyers get on your case they will send out spoliation of evidence letters to make sure that all evidence related to your accident is preserved. Settling a personal injury or wrongful death claim takes time and you don’t want any important document to go missing. You’d be surprised how some documents tend to vanish mysteriously, especially if they point to the fact that the trucking company might be to blame for your accident. To get a clear idea of the situation, your lawyers need to get their hands on police reports, blood alcohol concentration tests, the truck driver’s log, as well as the technical report concerning the state the truck was in at the time of the crash.
Times is of the essence when it comes to interviewing potential eyewitnesses, whose recollections might fade over time. If you’re in a truck accident, it is recommended that you try to get the contact info of all the eyewitnesses, if your condition allows it.
If the cause of the accident is quite clear and there is no negligence involved, your lawyers will probably advise you to settle with the insurance company and they will be there for you to negotiate a fair settlement.
However, if there’s any doubt as to what caused the accident they will leave no stone unturned till they find the truth. If the driver’s log indicates that they were overworked, driver fatigue could explain their impaired reflexes or poor judgment, and you might have a case against the trucking company. Likewise, a mechanical failure, like faulty brakes, could be used to sue the company, which is responsible for the trucks’ maintenance or even the manufacturer.
Your lawyers will also advise you on the type of damages you should claim and they’ll help you figure out the right sum.
You can claim economic damages, which should cover the costs of fixing or replacing your car, medical bills, including rehabilitation programs, as well as your lost wages, past and future, if you’re left with a physical disability.
At the same time, when you suffer significant injuries you have the right to be compensated for your pain and suffering, loss of enjoyment or loss of consortium.
Finally, there’s also the question of punitive damages, which are not easy to get under California law. However, if your lawyers can prove that the driver or the trucking company are guilty of negligence or reckless endangerment, you might be able to get punitive damages as well.
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