City of Montclair Truck Accident Attorney
Defending the rights of truck accident victims for more than 10 years.
There is likely no other industry that is more vital to the health and welfare of the nation’s economy than the trucking industry. This industry is responsible for moving a vast majority of the nation’s freight, transporting well over a trillion pounds of food, material, and other goods. Ultimately connecting manufacturers and farms with warehouses and retailers to the consumer’s home, the truck industry dominates America’s economic system
With such an important role, the trucking industry is rapidly growing, with no apparent slowing. Even as this is a clear indication of a healthy and prosperous economy, having a greater number of large commercial vehicles on the road is not necessarily a good thing for the drivers that have to share the road with them. According to the National Highway Traffic Safety Administration, fatalities in collisions involving large trucks have increased by 0.9 percent from 2017 to 2018.
Regrettably, when an accident between a regular passenger vehicle and a large truck happens, the occupants in the regular passenger vehicle have a higher likelihood of suffering serious injuries. On the onset of a catastrophic injury, a person can experience extreme physical pain, emotional distress, and economic difficulty. When a collision ensues as a consequence of the truck driver’s negligence, the ability to recover compensation may be possible.
Obtain the Support of a Qualified Personal Injury Attorney
Personal injury cases are complex when they involve the trucking industry. Nonetheless, seeking compensation in the aftermath of an accident is necessary. In California, truck accident victims have the ability to seek compensation when the accident they were injured in was caused as a result of another’s careless actions. If you or a loved one has been injured in a truck accident, seek the legal support of a skilled personal injury attorney who is qualified in truck accident cases.
At the Law Offices of Attorney Justin H. King, helping accident victims recover compensation after a negligent accident is fundamentally important. The firm strongly believes that victims deserve much more than a lowball settlement offer, and they are relentless in helping accident victims obtain the maximum amount of compensation possible. Following a truck accident, obtain the support of a skilled law firm who will industriously assist you as you seek justice. Consider obtaining the support of the Law Offices of Attorney Justin H. King. Contact them today for a free case evaluation.
Leading Causes of Truck Accidents
Large commercial vehicles present unique dangers. When a large truck is fully loaded, for instance, it can weigh up to 80 thousands pounds. Additionally, given the sheer size and weight of the vehicles, it is very difficult for large commercial vehicles to come to a complete stop. Although the trucking industry is greatly regulated by the Federal Motor Carrier Safety Administration, there are a number of factors that can contribute to truck accidents each year. This includes, but is not limited to the following: Inexperienced drivers, Distracted drivers, Tired or fatigued drivers, Driver error, Unsecured or unbalanced cargo, Speeding, Alcohol intoxication, Drug impairment, Failure to brake in time, Mechanical defect, Lane deviation, Unsafe passing practices, and/or improper vehicle maintenance.
Establishing Liability After a Truck Accident
It is undeniable that in a majority of truck accidents, the injuries sustained by those inside the regular passenger vehicle will almost always result in catastrophic injuries. Depending on the type and severity of the injury, these injuries can typically result in very costly medical expenses. Consequently, truck drivers and the companies that hire them are usually covered by top notch insurance policies, but obtaining compensation from these parties has not always been easy.
In the past, truck companies would often attempt to avoid responsibility for a truck accident by creating distance between the truck driver and themselves. Truck companies were able to avoid accountability after an accident by hiring truck drivers as independent contractors and in some cases, by not owning the fleet of trucks but instead leasing them. Fortunately, this is no longer the case; nonetheless, seeking compensation following a truck accident continues to be challenging.
One of the main reasons why handling a truck accident case continues to be a complex legal process is because there are multiple parties that could be held accountable for the damages caused in the accident. Some of the most commonly identified responsible parties can include: The owner of the truck, The owner of the trailer, The truck company, The truck driver, The company that leased the truck, The company responsible for making repairs for the trick, The company that loaded the truck’s cargo, and/or the manufacturing company that produced the trucks defective auto body part.
When the liable party is not outright obvious, identifying the party responsible for the accident can be possible with a thorough legal investigation. A collection of truck service reports and driver logs can help establish accountability.
Proving Negligence Is Necessary in a Case
The State of California has strict requirements when it comes to establishing fault and culpability in truck accident cases. In order to be able to successfully obtain financial compensation following a truck accident, negligence must be established. In simple terms, negligence means that the at-fault party acted in a manner that was careless or reckless, and this action resulted in the accident. To illustrate, a truck driver speeding when there is rainy weather is likely to be considered negligent in a truck accident claim.
To establish negligence in a claim, the following four elements must be demonstrated:
- The at-fault party had a duty to be reasonably careful and owed the victim a reasonable sense of safety;
- The at-fault party breached that duty of care;
- The breach in duty caused the accident; and
- The accident was the proximate cause in the victim’s injuries.
Proving negligence in a case may be an easy undertaking in some cases and difficult in others. A case that involves a truck driver being charged with driving while under the influence, for example, can result in a fairly simple way to ascertain negligence. In a majority of cases, however, negligence is not straightforward. For challenging cases, it is critical to begin collecting important evidence shortly after the accident.
The following is a short list of actions that can help prove negligence: Police reports, Driver logs, Driver employment record, Taking pictures of the scene, Taking pictures of the property damage, Gathering witness’ accounts and their contact information, The company’s truck maintenance records, and/or obtaining the truck’s black box data.
Schedule a No-Obligation Legal Consultation With a Premier Law Firm Today
Thanks in great part to the trucking industry, a majority of businesses are able to run their companies with the materials and goods they need to thrive. Each day, truck drivers are responsible for transporting millions of essential goods to locations across the nation, and it comes as no surprise why this industry has been named as the most essential industry to the health and welfare of the nation’s economy. Regrettably, the truck industry poses a serious and continuous risk to the millions of drivers they share the roads with. Truck accidents are becoming increasingly common across the nation, and when an accident is caused by the careless actions of one party, the injured victim has the right to seek compensation.
If you or a loved one has been injured in a truck accident, it is very important to take immediate action and seek the legal support of a qualified personal injury attorney.
The Law Offices of Attorney Justin H. King has the skills and experience necessary to handle the most complex truck accident cases in California. For over a decade, the firm has specialized in helping accident victims obtain the compensation they were owed following a negligent accident. The firm is well aware that insurance companies will work vigorously in an attempt to undermine a victim’s claims. The Law Offices of Attorney Justin H. King works aggressively in ensuring every one of their clients receives the maximum amount of compensation available. Consider obtaining the legal support of the law firm and obtain a free, no-obligation consultation today.