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Truck accidents are some of the most devastating types of motor vehicle accidents. Trucks’ sheer size and weight make them capable of causing catastrophic damage and injury, even in low-speed collisions. For victims of truck accidents, the physical, emotional, and financial consequences can be devastating, and navigating the legal system can be a complex and overwhelming experience. For these reasons, it is essential to seek the help of a qualified and experienced Woodland Hills truck accident lawyer.
Frish Law Group, APLC offers clients a personal and confidential approach to resolving legal conflicts. Those needing a Woodland Hills truck accident lawyer turn to us because our practice is centered on meeting each client’s unique needs. Each truck accident attorney in Woodland Hills has the skill and dedication to handle the most complex legal issues.
Woodland Hills Truck Accidents
In California, truck accident cases are governed by complex laws and regulations that differ from those of regular car accidents. For example, federal regulations governing the transportation of goods by trucks must be considered when pursuing a truck accident claim. Furthermore, trucking companies and their insurance providers have teams of lawyers and investigators working on their behalf to minimize their liability and protect their interests.
These accidents can involve any type of truck, including commercial semi-trucks, delivery trucks, or other large vehicles. Like any other area, truck accidents in Woodland Hills can cause serious injuries, property damage, and even fatalities.
Truck Accident Statistics
According to the National Safety Council, nearly 5,000 people die in large-truck crashes annually. The most common causes of truck accidents are fatigue, distracted driving, and error. Occupants of passenger vehicles are the most likely to be killed or injured in a truck accident.
The cost of truck accidents can be significant, with the average cost of a fatal truck accident estimated to be around $3 million. The trucking industry is heavily regulated to promote safety, but violations of regulations and rules are still common.
It’s important to note that these statistics highlight the importance of safe driving behavior and the need for regulation to reduce the frequency and severity of truck accidents. However, despite this need, there are over 500,000 truck accidents annually, resulting in approximately 5,000 fatalities in the United States, according to the National Highway Traffic Safety Administration.
The Hours of Service Regulations
The Hours of Service regulations are federal regulations that govern the maximum number of hours that a truck driver can spend driving and working. These regulations aim to prevent driver fatigue, which can lead to dangerous driving conditions and increase the risk of truck accidents. Below are key provisions of the Hours of Service regulations:
Daily Limit: A truck driver may not drive after having been on duty for 60/70 hours in 7/8 consecutive days, resetting with 34 or more consecutive hours off duty.
Rest Breaks: A truck driver must take a 30-minute rest break after 8 hours of consecutive driving.
Sleeper Berth Provision: A truck driver may split their required 10 hours off duty into two periods, one of which must be at least 8 hours in a sleeper berth.
It is important to note that these regulations are subject to change and that different rules may apply in specific situations, such as during adverse driving conditions. Woodland Hills truck accident lawyers can advise you on the specific provisions of the Hours of Service regulations and how they may impact your case.
The Most Commons Causes of Large Truck Accidents
The most common causes of large truck accidents are driver-related, and they can include the following:
Driving while intoxicated
Poor vehicle maintenance
There are other causes of large truck accidents, including those listed below:
Interruption of the traffic flow
Unfamiliarity with the roadway
Driving too fast for the conditions
Hours of service violations (i.e., fatigued driving)
Severe weather conditions
In addition to these causes, large truck accidents can also be caused by other drivers on the road. For example, passenger vehicles may fail to yield the right-of-way or make unsafe lane changes that lead to a collision with a large truck.
California Truck Accident Laws
In California, several laws are specific to truck accident claims, including:
Statute of Limitations: The statute of limitations is when a person must file a legal claim. In California, the statute of limitations for most personal injury claims, including truck accident claims, is two years from the date of the accident.
Comparative Negligence: California follows a comparative negligence system, which means that the number of damages that a plaintiff can recover may be reduced in proportion to their own degree of fault.
Employer Liability: Under California law, an employer may be held liable for the actions of their employees if the employees were acting within the scope of their employment at the time of the accident.
Regulation of Trucking Industry: The California Department of Motor Vehicles regulates the trucking industry in California and sets standards for truck drivers and trucking companies, including requirements for licensing, insurance, and maintenance of vehicles.
Wrongful Death: In California, family members may be able to recover damages in a wrongful death action if a loved one has been killed in a truck accident.
Insurance Requirements: California requires that all commercial trucks carry minimum liability insurance, which may be used to compensate the victims of truck accidents.
These key laws may be relevant to a truck accident claim in California. A knowledgeable and experienced Woodland Hills truck accident lawyer can advise you on the specific laws that may impact your case and help you recover the compensation you deserve.
How to Determine Liability in a Truck Accident Case
In a Woodland Hills, CA, truck accident case, liability is determined based on negligence, when someone’s failure to exercise reasonable care harms another person. Establishing negligence in a truck accident case requires proving the following elements:
Duty of Care: The defendant (truck driver, trucking company, etc.) owed a duty of care to the plaintiff (victim) to operate the truck safely and reasonably.
Breach of Duty: The defendant breached that duty by acting in a manner that was not safe or reasonable, such as driving while distracted or under the influence of drugs or alcohol.
Causation: The defendant’s breach of duty was the direct and proximate cause of the plaintiff’s injuries and damages.
Damages: The plaintiff suffered actual damages due to the defendant’s breach of duty, such as medical expenses, lost income, and pain and suffering.
In a truck accident case, multiple parties could be found liable, including the truck driver, the trucking company, the manufacturer of the truck or its parts, or a maintenance company that failed to maintain the truck properly. A Woodland Hills truck accident lawyer will thoroughly investigate the case to determine all potential liability sources and build a compelling case for recovery.
Damages That Can Be Recovered in a Woodland Hills Truck Accident Case
In a Woodland Hills truck accident case, the following types of damages may be recoverable:
Economic Damages: These are damages with a specific dollar amount attached to them, such as medical expenses, lost wages, property damage, and rehabilitation costs.
Non-Economic Damages: These are damages that are subjective and harder to quantify, such as pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement.
Punitive Damages: These are damages awarded to punish the defendant for particularly egregious conduct and deter others from engaging in similar behavior in the future.
It is important to note that each truck accident case is unique, and the specific types and amounts of damages that may be recoverable will depend on each case’s specific facts and circumstances. A skilled and experienced Woodland Hills truck accident lawyer will be able to assess your case and advise you on the types of damages that may be recoverable in your case.
Steps to Take After Being In a Woodland Hills Truck Accident
To file a truck accident claim in Woodland Hills, California, you can follow these steps:
Gather information and evidence: Collect the contact information of witnesses, take photos of the accident scene, and get a copy of the police report.
Seek medical attention: Get treated for any injuries, even if they seem minor, as they can affect the value of your claim.
Contact your insurance company: Notify your insurance company about the accident as soon as possible and provide them with any information and evidence you have collected.
Hire an attorney: Consider hiring an attorney specializing in truck accident claims. They can help you navigate the legal process and ensure that you receive fair compensation.
File a claim: Your Woodland Hills truck accident attorney will help you file a claim with the trucking company’s insurance company or the at-fault driver’s insurance company.
Negotiate a settlement: The insurance company will review your claim and may make a settlement offer. Your attorney can help you negotiate a fair settlement.
Take legal action: If a settlement cannot be reached, your attorney may advise you to take legal action to recover compensation.
How a Woodland Hills Truck Accident Lawyer Can Help
A Woodland Hills truck accident lawyer can help you by providing legal advice and representation when you have been involved in a truck accident. They can assess the situation, advise you on your legal rights and options, and help you pursue compensation for any damages or injuries sustained.
One benefit of hiring a Woodland Hills truck accident lawyer is that they can handle all aspects of your case from start to finish. This means you will not have to deal with insurance adjusters, medical providers, or other parties. Your lawyer will negotiate with the insurance carrier to obtain a fair and just settlement and handle all aspects of the legal process so that you can recover from your injuries.
In addition, a good truck accident lawyer in Woodland Hills can help you navigate the complex and confusing world of medical treatment and insurance claims. They will work closely with your medical providers to ensure the best care is received and help you understand your insurance coverage and benefits. They will also help you negotiate with your insurance company to obtain the full value of your claim, and will represent you in court if necessary.
What to Look For In a Woodland Hills Truck Accident Lawyer
When searching for a Woodland Hills truck accident lawyer, it is important to consider several key factors. First, look for an attorney with extensive experience handling truck accident cases and a proven track record of success. Ask for references and testimonials from clients who have worked with them, and research their online reviews and ratings.
Second, look for truck accident attorneys with a deep understanding of the applicable laws and regulations and who are up-to-date on the latest developments in truck accident law. An attorney who stays current on the latest developments in the field is better equipped to help you navigate the legal system and achieve the best possible outcome.
Finally, look for Woodland Hills truck accident attorneys who are compassionate, supportive, and responsive to your needs. Your truck accident lawyer should be someone who will listen to your concerns, answer your questions, and provide you with the guidance and support you need to get through this difficult time.
Contact Frish Law Group, APLC for a Woodland Hills Truck Accident Lawyer
Victims of a truck accident must seek the help of a qualified and experienced Woodland Hills truck accident lawyer from Frish Law Group, APLC. Good truck accident lawyers provide you with the knowledge, resources, and support you need to navigate the legal system, obtain a fair and just settlement, and move forward with your life. With their help, you can focus on your recovery, and know that your legal rights are protected. Contact us today so we can assist you with your case and provide the best representation available.