Of the various types of motor vehicle accidents, few have the potential to cause as much devastation as commercial trucks and tractor-trailers. 18-wheelers and big rigs are significantly larger than most other motor vehicles, weighing in at up to 80,000 pounds in some cases, with a traditional motor vehicle weighing just 4,000 pounds, or 6,000 pounds if you were driving an SUV. When your car is hit by a semi-truck, the likelihood of debilitating injuries and catastrophic losses is high.
Do not let the liable party get away with it. If someone else is or could be responsible for causing the collision, it is up to you to take action and demand justice. Turn to a highly experienced Anaheim truck accident attorney from JSM Injury Firm APC for the support you need when you need it. With more than a decade of legal experience and millions of dollars recovered for our clients, you can feel confident with our personal injury team on your side. Contact us to request a free consultation today and learn more about how you can fight for the fair compensation you deserve.
One of our top priorities will be to identify the cause of your truck accident. We need to determine how the collision occurred so we can figure out who is at fault. Some of the parties who are frequently named in commercial truck accident lawsuits include:
The Federal Motor Carrier Safety Administration (FMCSA) is a government organization that oversees the trucking industry. There are many rules and regulations issued by the FMCSA. Trucking companies are required to adhere to these regulations or they may face liability in the event of a collision.
Your Anaheim truck accident attorney will be investigating the trucking company to determine whether they violated any of the FMCSA’s most notable rules, including hours of service violations under 49 CFR 395 or weight restrictions under the Federal Highway Administration (FHA) compilation of existing state truck size and weight limits. If we find their negligence contributed to your accident in any way, we will be prepared to pursue legal action against them. The FMCSA also has the authority to issue citations and other penalties, including downgrading safety ratings and shutting down the trucking company.
Punitive damages are rarely awarded in motor vehicle accident cases. Your Anaheim car accident lawyer will closely evaluate the circumstances of your collision to determine whether punitive damages are appropriate. These types of awards may apply in cases where the defendant was intentionally trying to cause severe bodily injury or death or their actions could be considered grossly negligent.
Typically, the judge will only award punitive damages under California Civil Code Section 3294 if the defendant’s conduct warrants further punishment. However, punitive damages can also be used to send a message to the community. The judge may want the community to feel heard and safer knowing the court system takes cases like yours seriously.
You have the right to sue for any injury that has a significant impact on your life. It is important to consider not only how your injuries will affect you now but in the future as well. It is not unusual for truck accident victims to suffer injuries so severe they are permanently disabled.
Whether you suffered burn injuries, traumatic brain damage, spinal cord injuries, or emotional trauma, the effect on your life is what will determine whether you have the right to compensation. Severe financial losses, extreme emotional distress, and catastrophic injuries may all warrant legal action. Your Anaheim catastrophic injury lawyer can review the extent to which your injuries have affected your life to help you maximize your settlement.
The insurance claims process can be complex, especially when you are dealing with multiple insurance providers, as may be the case with your truck accident claim. California follows fault insurance laws per California Insurance Code – INS § 11580.1, so you will file a claim against the liable party’s insurance policy. Unfortunately, this means the defendant’s insurance coverage will determine how much you receive from the insurer.
If the trucking company or truck driver only has a limited amount of auto insurance coverage, recovering total compensation for your losses may not be possible. We will do everything in our power to hold the insurance company accountable for their financial responsibilities. However, if insurance is still insufficient, we can move forward with your truck accident personal injury lawsuit.
Compensatory damages refer to the various losses you have the right to recover. Punitive damages are not an entitlement, but compensatory damages are. Compensatory damages include a combination of economic and non-economic damages to ensure every single way your injuries have impacted your life is taken into account when calculating the value of your claim.
Economic damages are monetary and might include lost income, medical bills, or vehicle repair expenses. Non-economic damages are subjective in value. They might include pain and suffering, disfigurement, emotional distress, or reduced quality of life, for example.
When your injuries have taken a toll on your life and the trauma of the accident has made it difficult or impossible for you to return to any sense of normalcy, you may have the right to compensation for your suffering. The at-fault party can be ordered to repay you for every single way in which your life has been affected by the truck accident itself and your subsequent injuries.
Do not become a victim twice. Let us help you hold the liable party to account so you can get the most out of your insurance and civil claims. Connect with a top-rated truck accident attorney in Anaheim from JSM Injury Law APC to get started on your case as soon as today. Reach us by phone or through our secured contact form to schedule your free consultation at your convenience.