Truck Accidents

Truck accident victims and their families need a lawyer who focuses their practice on trucking cases. Truck accidents are unique for several reasons when compared to other auto accidents. First, the average truck crash causes more severe injuries and more damage to property than the average car crash, which means that truck crash claimants (the person or persons pursuing a lawsuit) often have more substantial damages than car crash claimants. Second, more substantial damages often make the case more complex, involving multiple defendants and plaintiffs, and more complex legal issues to be resolved.

To put it simply, the stakes are higher in a truck accident case than a car accident case, with more room for error due to the complexity. You do not want to take the risk of retaining an attorney who does not have experience and case results.

Unlike a car accident lawsuit, a truck crash lawsuit can involve several parties, including (among others):

• Truck driver
• Truck owner
• Truck broker (essentially a middleman between a shipper with goods to transport and a carrier that moves the load)
• Truck sub-broker (broker contracts with a carrier, then the carrier assigns or brokers the load to another carrier without the broker’s knowledge)
• Truck or trailer manufacturer
• Owner of the load transported at the time of the accident
• Government entities or construction companies responsible for road condition

Truck crash lawsuits also involve complex laws that differ from car accident cases. Trucking companies want to protect their bottom line. Make no mistake, they will mount a vigorous defense to limit their financial exposure in litigation. If you do not have an attorney who understands how to properly investigate the circumstances of a crash to determine liability and seek damages against any and all responsible parties, you might not be able to recover the damages you may be entitled to.

Experienced trucking accident lawyers:

• Investigate and determine wrongdoing and/or negligence. Negligence in a trucking accident is not always easy to prove. For example, truck companies have been known to pressure their drivers to falsify their logbooks to misrepresent the amount of time spent behind the wheel. While driver fatigue is one of the leading causes of truck accidents, it can be extremely difficult to prove in court. An experienced lawyer will know how to review truck driver logbooks for any red flags and examine company training manuals for any subtle messaging meant to convey unrealistic (or illegal) expectations for drivers.
• Collect and preserve key evidence. Trucking companies may destroy driver logs after only six months. These logs are vital to reconstructing the accident and determining cause. A lawyer will take steps to obtain these records while they are still available, and hold the company liable if the records are lost or destroyed.
• Level the playing field, even when facing deep pockets and an abundance of resources. Truck companies often have financial resources to defend themselves in litigation. To give yourself the best opportunity to prevail in court, you need legal representation that can finance technical experts or medical experts to prove to a judge or a jury that you are entitled to certain damages.
• Prove liability. Truck accidents commonly involve several parties that either caused or contributed to the incident. In accidents that involve numerous parties, determining and proving liability can be challenging. An experienced and proven trucking accident law firm will have a team of investigators who know how to determine the cause, identify any and all responsible parties, and hold them all accountable.

The payout you can expect after a California truck accident is not something an attorney can accurately estimate without first evaluating the case. Yes, unfortunately, there are lawyers out there with free accident settlement calculators, but these are not going to give you an accurate estimate of your case’s value. That should only be determined after an experienced trucking lawyer has reviewed the facts of the case.

Attorneys estimate compensation in truck accident injury or wrongful death cases by analyzing the severity of the crash, reviewing the police report, evaluating the extent of the injuries sustained from medical records, and a multitude of other factors. Generally speaking, the more severe the injuries, the higher the potential for claimable damages.

There are two kinds of damages in an accident lawsuit: economic damages and non-economic damages.

Economic Damages

This includes compensation for the actual harm suffered as a result of the defendant’s actions, such as:

• Past and future medical bills: Medical expenses incurred as a result of the accident are considered economic damages. This includes both current medical bills and anticipated future medical costs. A lot of truck accident injuries require care long after the wreck. Gathering your medical records, financial statements and other information is crucial to demonstrate the expected medical expenditures and determine the valuation of the case.
• Lost income: Any income lost due to missing work after a truck wreck may be recoverable in a lawsuit. This includes not only the regular salary or hourly rate, but also factors in overtime pay, sales commissions, bonuses, paid time off, and other work-related benefits.
• Lost earning capacity: Severe, catastrophic injuries can lead to disability or hinder a person's ability to perform their job as they did before the accident. Proving lost earning capacity can be challenging, because your lawyer will need to demonstrate with convincing evidence how much you would have earned had you not been injured. Experts can also help in projecting and estimating this amount. It is important to note that while it is possible to pursue damages for lost earning capacity in California, not all states permit claims for lost earning capacity.

Non-Economic Damages

This includes compensation for non-monetary losses that impact a person's life, such as:

• Pain and suffering: Pain and suffering damages compensate for the physical pain, mental distress, and anguish caused by the injuries. For example, a person left with permanent facial disfigurement due to a big rig accident can seek damages for both the pain and suffering as well as the ongoing emotional and physical consequences.
• Loss of consortium: When an injured person becomes unable to provide the same love, companionship, services, and affection to their spouse, the spouse may be eligible for damages. The jury considers the severity and duration of the injury to determine the value of the award. However, not all states allow claims for loss of consortium. Trucking accident victims in California may be able to pursue loss of consortium claims.
• Punitive damages: These damages aim to punish the defendant and deter others from engaging in similar behavior. Punitive damages are rare in trucking cases, but can be substantial if the plaintiff’s attorneys can prove that the defendant (or defendants) acted recklessly or with malicious intent.

As you can see, the claims for damages in a truck accident lawsuit can add up to significant compensation.

Your trucking accident lawyer will tell you how much your case is worth after he or she has reviewed the facts of the case, including the police report, medical records, and other information. Please keep in mind that an attorney’s estimate of your case is not a guarantee on a future outcome. Many variables can affect the value of your case during litigation.

To summarize, you will have some idea of how much your case is worth after you have your case evaluated by a trucking accident lawyer.

You may still pursue compensation in a lawsuit, even if you were partially at fault. California employs comparative negligence, which means all contributing acts of negligence are taken into account in legal disputes. Under the rule, no matter how high your percentage of fault is in a crash, you can still recover compensation for the percentage of damages not attributed to your actions. Put more simply, your percentage of fault will reduce your recovery in a trucking accident lawsuit, but you are still legally allowed to pursue the case.

For example, let’s say a crash in California involving a passenger car and a big rig causes $100,000 in damages. As the car driver, you were 30% responsible for the accident. Under California’s comparative negligence rule, you can still pursue damages for the 70% (or $70,000) that is not your responsibility.

In this situation, it is vitally important to retain a trucking accident law firm with experience handling California comparative negligence cases. At Wisner Baum, our attorneys are well-versed in the tactics that defense lawyers use to pass the blame on to truck crash victims. We will fight to ensure that our client’s rights are vindicated.

When researching the best trucking accident law firms for your case, it is natural to start your search in your own backyard. The truth is that while it might seem more convenient to hire a lawyer near you, proximity is not likely going to give you any advantage in court.

These are the things to consider when it comes to hiring the best trucking accident lawyer for your case:

Experience

You want a lawyer who has litigated a variety of trucking cases. That experience is pivotal when it comes to investigating your claims for damages and proving liability in court. An experienced, trial-ready attorney who can build a case from the ground up and fight for you in court is the best way to give your case an opportunity for justice and maximum compensation.

Track Record of Success

Does the attorney have a history of success in truck accident cases? Does the law firm have a pedigree with significant recoveries against major corporations? A history of substantial settlements and verdicts is a good indicator that the law firm has the ability to win cases when the stakes are high.

Fee Structure

One of the first things a claimant is likely to ask is what the attorney fees are for litigating a truck accident lawsuit. These agreements are typically based on a contingency fee, which means that attorneys representing receive a fee if they obtain compensation for you via settlement or verdict. Before you sign an agreement, have the trucking accident attorneys walk you through the fee structure so you know what to expect.

Advocacy Beyond the Courtroom

At Wisner Baum, our trucking accident attorneys go the extra mile to ensure that our clients get the help they need, which occasionally extends beyond the purview of the lawsuit. For example, our legal teams often help clients with insurance matters, retrieval of property, closing financial accounts, setting up estates, and potential criminal proceedings against the truck driver, among other things.

Empathy and Clear Communication

Truck accident victims have been through a lot, and as such, deserve to be treated with care and attention. In your initial meeting with an attorney, pay attention to how they make you feel. Do they answer your questions with respect and care? Do they give you the attention you need when you call them or send them an email? Remember, this is your case and the attorney should advocate not just professionally to get the results you need; they should advocate with dedication and compassion.