Compared with a car or bike accident in San Diego, a commercial truck accident can cause severe injuries due to the large size and nature of the vehicle. It also creates a complex legal case; you must thoroughly understand how to pursue a claim after being a truck accident victim. So, here we have a complete guide on how the claim works and the legal, logistical, and procedural challenges you might face.
Key Differences Between Truck and Car Accident Claims
There is a huge difference between a truck and car accident claim, as a truck accident involves additional complexity, such as:
- There can be multiple defendants, not only the truck driver, but other people who were held liable, such as the trucking company, maintenance providers, cargo loaders, and even the manufacturers of the parts.
- The trucking company and driver must abide by federal and state safety regulations, and if they fail or violate the hours-of-service and vehicle maintenance requirements, then it is a case of negligence.
Steps in a Commercial Truck Accident Claim
Below are the steps that one should follow to get the desired results:
- Determine Liability
The most complicated aspect of a truck accident is establishing the fault, as multiple parties are involved. After a thorough investigation, it will reveal who is liable for the injuries, and the list includes the truck driver, the trucking company, maintenance teams or part manufacturers, and the cargo handlers. Thus, if you want to maximize the compensation, you have to identify the correct defendants.
- Gather Evidence
You have to gather all the evidence to support your claim and prove the negligence that caused the truck accident. Your documentation list should include - data from the truck’s black box, driver logs and records of working hours, maintenance, and inspection reports. You must also have photos of the accident scene, police reports, and eyewitness testimony.
- Negotiate or Litigate
You can take the help of truck accident lawyers at https://hhjtrialattorneys.com/ to resolve the claims through settlement. If you cannot reach your agreement, you must file a lawsuit and take the matter to the court. With strong legal support, you can receive fair compensation.
- Prove Negligence
You must demonstrate a legal duty of care owed by the defendant, breach of duty, and causation linking the violation to the accident to file a successful claim. Along with this, you must also include evidence of damages and suffering, which should consist of physical injury and financial loss.
- Calculate Damages
There are multiple categories of compensation after a truck accident, such as economic damages, non-economic damages, and punitive damages. All these collectively hold the medical bills, lost income, emotional distress, and gross negligence that were the leading causes of reckless driving or regulatory violation.
Conclusion
When you file for a truck accident claim, you must face specific challenges, as these commercial trucks carry a high insurance limit, causing a significant dispute. Moreover, determining the root cause of the accident can complicate the investigation. Also, there is a legal deadline, especially if a government-owned vehicle or property is involved. Thus, to navigate through the intricacies, you must seek help from experienced attorneys.
