There is a nearly endless list of truck accident causes. From a truck driver’s reckless behaviors to defects in the truck to cargo-related failures and dangerous road conditions, truck accidents can result from a wide range of hazards. One thing is for sure: When a truck accident happens, somebody has done something to cause it.
Allow an attorney to determine the cause of your or a loved one’s truck accident. Your Santa Barbara truck accident lawyer may find that one or more instances of negligence caused the collision. If so, you are entitled to compensation for your losses. Your attorney will fight for the compensation you deserve.
Why Truck Accidents Happen (and Who May Be Responsible)
Each truck accident has a cause. Expect your truck accident attorney to quickly investigate your collision, gather and analyze evidence, and pinpoint why the collision happened.
Some of the most common reasons why truck accidents happen include:
Truck Drivers Operating Recklessly
Truck drivers must obtain commercial drivers’ licenses (CDLs). The process of obtaining this license is complex and rigorous, so truck drivers have no excuse to:
- Speed
- Disregard traffic signals or traffic signs
- Change lanes dangerously or weave through traffic
- Tailgate
- Engage in any other dangerous driving practices
Trucks’ inability to brake quickly is a feature that makes them particularly dangerous. Truck drivers must exercise extreme caution every time they are behind the wheel.
Defects in Trucks or Other Motor Vehicles
Trucks are complicated vehicles. It is imperative that truck drivers and trucking companies:
- Conduct regular inspections of the truck and cargo trailers
- Respond immediately to warning lights and abnormalities that could signal a defect
- Remove the truck from the road if there is any risk of a defect
- Conduct maintenance as soon as possible
- Refrain from using the truck until all potential defects have been addressed
The nature of a defect determines who is liable for it. Some defects come from poor design or assembly, while others result from lack of care and maintenance.
Hazardous Driving Conditions
Truck drivers see some of America’s most hazardous roadways. While drivers must be savvy and cautious even in dangerous conditions, some hazards are beyond their control.
A municipality may be responsible when a truck accident results from:
- Potholes and other flaws in a driving surface
- Unmarked intersections (or lack of signage elsewhere on the road)
- Malfunctioning traffic lights
- Work zones that impede one’s ability to drive safely
- Inadequate lighting
- A lack of clear lane markings
- Any other hazards that are the result of negligent road management
If you need to sue a municipality after a truck accident, you likely have a limited time to do so. Find your truck accident attorney as soon as possible so they can begin building your case.
Unfit Truck Drivers
While truck drivers must undergo substantial training and testing before they can legally operate, unfit drivers slip through the cracks. Some drivers become unfit over time, and may:
- Lack or lose the physical ability to control a truck safely
- Have a temperament not suited to the stress of driving a truck (which can include being prone to rage)
- Have health problems that make them a hazard to themselves and others
- Engage in dangerous use of substances, including alcohol, illicit drugs, or prescribed drugs
Some drivers may become careless over time, cutting corners and engaging in risky driving. This poses a clear hazard that increases the likelihood of collisions.
Negligence by a Trucking Company
Trucking companies are typically responsible when their drivers engage in negligence. Yet, in some cases, non-driver employees at the trucking company are most responsible for accidents.
Examples of negligence by a trucking company’s non-driver employees includes:
- Failing to ensure drivers and other employees have the necessary credentials
- Failing to regularly inspect, maintain, and replace trucks and other equipment
- Failing to use all available resources to ensure drivers are operating trucks safely
- Failing to monitor employees for drug and alcohol use
- Encouraging employees to flout Federal Motor Carrier Safety Administration (FMCSA) regulations, including hours of service rules
- Not terminating employees, including drivers, who pose a danger to others
You may not know exactly why the accident happened until your lawyer has completed their investigation. By finding your attorney as soon as possible, you can ensure there is no delay in determining fault for your damages.
You’re Not Alone After a Truck Accident (Hire a Lawyer)
A truck accident is a disorienting and even dumbfounding event for many victims. Totally unexpected, it’s difficult to know what the right move is after a collision. Start by hiring a lawyer.
When you hire a truck accident lawyer to guide you through the process ahead, you:
- Don’t have to spend time or stress worrying if you’re making the right decisions
- Can turn your full attention to healing
- Know that your attorney is protecting you from insurers and anyone else who might want to compromise your claim
- Have an experienced, uniquely trained attorney fighting for the compensation you deserve
Your lawyer will also ensure you get the medical care you need. Allow an experienced attorney to make your life easier after the accident.
What a Truck Accident Lawyer Does for the Victim (and the Victim’s Loved Ones)
Attorneys want to make their clients’ lives as simple as possible. You will need to focus on your recovery and mental health, and you can rest easy knowing your lawyer is:
Establishing Fault for the Accident Using All Available Evidence
Someone caused your accident. Your attorney will complete their investigation of the accident and determine who is at fault. Evidence should tell the story of your collision.
Your lawyer will obtain all witness accounts, video, and other evidence that will be helpful to your case.
Determining Who Owes You Compensation for Accident-Related Damages
When your lawyer knows who is at fault for the collision, they can then determine who is liable for your damages. The two primary ways that lawyers seek compensation for their clients are:
- Insurance claims
- Lawsuits
Trucking companies often have robust insurance policies. Your attorney will weigh all relevant factors and present their strategy for obtaining the compensation you deserve.
Documenting Your Damages (Which Will Prove How Much Money You Deserve)
Your lawyer should know what your damages are fairly early in their investigation. The challenge comes in proving those damages beyond a doubt.
Your legal team may prove your damages using:
- Medical bills
- Invoices related to vehicle repairs
- Pre-accident income statements that prove your lost income
- Mental health providers’ diagnoses of your pain and suffering
- Any other proof of your economic and non-economic damages
Leave it to your lawyer to find all available proof of your damages.
Negotiating a Settlement with Insurers
Attorneys work quickly to build a convincing case that includes documentation of your recoverable damages. Once your lawyer has composed this case, they will negotiate.
A fair settlement is one that:
- Covers the damages you’ve already suffered
- Covers damages you will suffer in the future
- Accounts for both economic and non-economic damages
- Protects you from having to pay any out-of-pocket costs for accident-related damages
Your lawyer will ensure the amount they’re demanding is exactly what you deserve, if not more.
Filing a Lawsuit (Which You May Decide to Do, Along with Your Lawyer)
Your attorney should get a feel for whether liable parties are willing to pay you fairly. Whether they are dealing with insurance representatives or civil defense lawyers, your attorney can sense whether they are acting in good faith.
If you and your lawyer agree that insurance companies or other liable parties aren’t taking your demands seriously, you may decide to file a lawsuit. Your lawyer will file any necessary lawsuit as soon as you decide to, as there are generally deadlines for filing them.
Handling Any Necessary Trial
While most civil actions lead to settlements, trial is always an option for a capable attorney. If you and your lawyer decide to go to court, let your legal team lead the way.
Truck Accidents Are Major Collisions with Major Damages—Often Including These
Accidents involving trucks are more likely to be fatal. This also suggests that even non-fatal truck accidents are unusually likely to cause severe injuries. It is your truck accident lawyer’s duty to ensure you receive fair compensation for potentially devastating damages that may include:
- Extensive property damage, as you may face the cost of replacing a totaled vehicle, repairing a vehicle, and either replacing or repairing other property damaged when a truck hit your vehicle
- Pain and suffering, as truck accident victims can seek compensation for any physical pain, anxiety, depression, post-traumatic stress disorder (PTSD), lost quality of life, and other types of pain and suffering stemming from the collision
- Mental health services, which may be necessary for your to alleviate and hopefully overcome your pain and suffering
- Professional harm, which may include lost income, diminished earning capacity, and an inability to obtain performance-related incentives
If you face any disabling injuries, you may experience lifelong damages. You may need a long-term caregiver, have to purchase medical equipment, and endure the unique types of pain and suffering that come from disabling injuries.
Damages You May Face If You Have Lost a Loved One
Truck accident lawyers often handle wrongful death cases too. This is fitting because truck accidents are, all too often, fatal events.
Damages in fatal truck accident cases can include:
- Grief and several other types of pain and suffering
- Funeral costs
- Burial or cremation costs
- Lost financial support
- Loss of the decedent’s household contributions
- Loss of consortium
This is a general outline of damages you may face because of a truck accident. For a more specific, personalized evaluation, don’t waste time in hiring a truck accident attorney.
How Much Does a Truck Accident Lawyer Cost?
When it comes to out-of-pocket costs, a truck accident attorney won’t cost you anything. All you have to do is agree that, if your lawyer secures compensation for you, they will receive a percentage of the recovery.
Lawyers who do not receive any upfront or out-of-pocket fee (as described here) work on contingency. The benefits of this contingency fee arrangement include:
- No matter what financials tress you may be under, you can afford to hire a truck accident attorney
- Your lawyer will have a direct financial incentive to negotiate a settlement or win a judgment for you (and their percentage structure means they fare better the more compensation they obtain for you)
- You do not have to worry about the out-of-pocket cost of hiring a lawyer
Your law firm will cover any and all costs associated with your truck accident claim or lawsuit. Capable law firms think nothing of hiring experts and taking other elective measures, as they know this can improve the likelihood of a case’s success.
Hire a Lawyer, Let Them Go to Work, and Focus on Your Recovery
Whether you were involved in an accident or you have lost a loved one, you likely have many priorities including:
- Recovery from physical injuries
- Recovery from PTSD, anxiety, and all other psychological and emotional trauma related to your accident
- Trying to get back into the routines you had before the accident happened
- Arranging your professional affairs and trying to get back to work as soon as possible
You may also be responsible for dependents. The point is, you likely have a full plate of responsibilities, and you only have so much time and energy.
Let a lawyer and their team help you. Your attorney will face several time-sensitive duties that may include:
- Securing evidence from a trucking company that may be trying to dispose of that evidence
- Filing any lawsuit you choose to pursue
- Organizing a convincing case in advance of settlement negotiations
Those who wait to hire a lawyer may weaken their case. Find a proven law firm to represent you, and don’t wait.
Don’t Wait to Find Your Truck Accident Attorney
You may find an immediate and immense sense of relief the moment you retain your attorney. Your Santa Barbara personal injury lawyer will oversee every detail of your case until it is complete.
Research truck accident attorneys serving your area and find the right firm to represent you.
