There are many reasons why accidents involving commercial trucks are so serious. The large size and weight of heavy trucks and transporters can cause devastating injuries in an accident with a passenger vehicle or motorcycle. Because most truck drivers in California are insured by commercial insurance policies, it can be nearly impossible to negotiate a fair settlement with their insurance company representatives. You may need to file a personal injury lawsuit against the truck driver and his or her employer, but these types of lawsuits often raise complex legal issues that only an experienced truck accident lawyer can handle.
If you were injured in an accident involving a commercial truck in San Rafael, Tiburon, Mill Valley, Corte Madera or the surrounding cities, you should seek advice from a Marin County truck accident lawyer right away. Only a lawyer who has worked on personal injury cases involving commercial trucking companies will be able to get you the financial compensation for your injuries that you deserve. Here are some of the key things to know about commercial truck accidents.
Common Injuries in Commercial Trucking Accidents
Due to their size and weight, commercial trucks such as big rigs, semi-trucks, delivery trucks, construction trucks, and refrigerator trucks can cause debilitating or even fatal injuries to drivers and occupants of passenger vehicles. These are the most common serious injuries suffered by victims of truck accidents:
- Severe bruising, swelling, lacerations, and scarring;
- Muscle sprains, broken bones, and fractured bones;
- Spinal cord, back, and neck injuries;
- Concussions and traumatic brain injuries (or “TBI”);
- First-degree, second-degree, and third-degree burns; and
- Psychological trauma leading to depression, anxiety, insomnia, post-traumatic stress disorder (or “PTSD”), and other serious mental health issues.
If you suffered any of these types of injuries in a truck accident, you may be facing a long road to recovery. A truck accident lawyer can help you understand whether you’re entitled to financial compensation for your injuries. Because of the difficulties associated with obtaining a fair settlement from a commercial insurance provider, it may be necessary to file a personal injury lawsuit.
Can I Get a Fair Insurance Settlement After a Truck Accident?
Under California state law and federal law, most truck drivers are required to carry commercial insurance policies. If you were in an accident with a commercial truck and the truck driver was at fault, their employer’s insurance carrier will be responsible for investigating your insurance claim and offering you a settlement. The insurance company’s claims adjusters will do everything they can to reduce the amount of money you’re offered for your injuries and other losses.
It can be very difficult for victims of negligent commercial truck driving to get a fair settlement after a serious truck accident. Because of this, you should never speak to an insurance claims adjuster, investigator, lawyer, or any other insurance company representative without an experienced truck accident lawyer present. Your words may be used against you to reduce your settlement or even to assign part of the fault for the accident to you.
Establishing Negligence in a Trucking Accident Lawsuit
If you and your truck accident lawyer decide that the best course of action is to file a personal injury lawsuit against the at-fault truck driver and other responsible parties, your lawyer will need to prove negligence. Negligence is made up of five “elements,” which are essential components of a legal case. These elements are:
1. Duty: A legal “duty” exists where one person is obligated to act in a certain way toward another person. All commercial truck drivers on the roads and highways in Marin County have a duty to exercise caution toward other drivers, pedestrians, and motorcyclists.
2. Breach of Duty: A breach of duty exists where someone has failed to abide by their legal duty. For example, where a commercial truck driver drives too fast in inclement weather, he has breached his duty of care.
3. Actual Cause: In order for someone to be liable for your injuries, their behavior must have been the actual cause of your injuries. If a truck accident would not have occurred but for the commercial truck driver’s conduct, this element is satisfied.
4. Proximate Cause: This element requires that your injuries were reasonably foreseeable based on the conduct of the party being accused of negligence. This element is not typically at issue in truck accident lawsuits since serious injuries frequently result from accidents involving large trucks, and are therefore typically foreseeable.
5. Damages: You must show that the conduct at issue caused you to suffer legally recognized damages. In a truck accident lawsuit, damages might include the cost of your medical treatment, lost wages as a result of missed work, damage to your vehicle, pain and suffering, and more.
In California, there is a special legal concept known as negligence per se which often applies in truck accident lawsuits. This rule treats evidence that a truck driver has broken certain laws (for example, by driving above the posted speed limit at the time of your accident) as automatic proof of two of the elements above: duty and breach of duty. An experienced truck accident lawyer can tell you whether this applies in your case.
During your initial consultation with a Marin County truck accident lawyer, he or she will ask about the facts surrounding your truck accident to determine whether you may have a case for negligence against the at-fault parties. If you have a strong case, your lawyer may suggest that you file a personal injury lawsuit.
Contact our Marin County Truck Accident Lawyer Today
At Wakeford Gelini, we represent victims of truck accidents in personal injury lawsuits and claim settlement negotiations. We understand that a truck accident can be devastating and we want to help you navigate the road to recovery. Call (415) 578-3510 to schedule a free and confidential consultation with a Marin County truck accident lawyer today.