When you are involved in an accident with a commercial truck, the potential for catastrophic injuries is substantial. Because of their size and weight, these trucks can be incredibly deadly for other drivers on the road. If you suffered damages, recovering compensation can be essential. Fortunately, an experienced Fresno truck accident attorney can help.
At Omega Law Group, our team of experienced Fresno personal injury lawyers has secured millions of dollars for our clients. We are not afraid to go up against the large trucking companies to get you the money you deserve. Reach out to us today to set up a free case consultation with a member of our legal staff.
Trucking Companies and Commercial Truck Drivers Are Held to a High Standard of Safety
Because of the potential for massive damages in a truck accident, commercial trucking companies and truck drivers are held to a higher standard of safety than applies to others using the roadways. Drivers of these vehicles need a commercial driver’s license, as well as special training. Additionally, they may need special endorsements to transport dangerous goods.
Trucking companies must ensure that their drivers have the proper licensing and training while also ensuring that their fleet of trucks receives regular maintenance to ensure the vehicles are safe for the road.
An Experienced Truck Accident Attorney Serving Fresno Will Help You Prove Liability
When pursuing damages after a truck accident, you must first determine who is to blame. In these cases, there are often several parties that may be liable for your damages. Beyond the driver of the truck, other commonly at-fault parties include:
- The trucking company
- The company that maintains the trucks
- The party that loaded the truck
- A third-party driver whose actions caused the collision
- The truck manufacturer
- The government body charged with maintaining the road where the accident occurred
The above list is far from exhaustive. Determining who is at fault in these cases on your own will likely be challenging. Fortunately, the team at Omega Law Group is here to help. Our lawyers can identify the liable party and fill out and file all of the documents needed for a truck accident lawsuit prior to the deadline set forth by the California personal injury statute of limitations.
California’s Pure Comparative Negligence Rule
When it comes to recovering compensation after a truck accident in Fresno, your eligibility will be determined by California’s pure comparative negligence rule. With pure comparative negligence, any party that suffered damages in an accident can pursue compensation as long as they were not solely to blame for the crash.
However, the amount of money that can be recovered by these parties will be reduced at a rate relative to their fault level. For example, if you hold 70% of the fault for a crash, the most you can collect for your damages is 30% of the value of your losses.
That means that if your claim is equal to $100,000, the most you would be able to recover would be $30,000.
Should I Take a Settlement Offer?
After suffering damages in a truck accident, you should always proceed with caution when it comes to settlement offers. You need to understand that the initial settlement offer you receive is likely only going to be for a small fraction of how much your damages are worth. Accepting the deal will prevent you from seeking additional compensatory damages down the line.
When you receive any settlement offer, it is going to be in your best interest to have your lawyer look it over before accepting the deal. An experienced attorney will have a much better understanding of the full value of your losses and what a fair settlement deal looks like. They will review the offer and advise you on whether you should accept it or hold out for more.
While most truck accident cases never go to court, you must still prepare as though a trial is guaranteed. It’s critical that you build a strong case because you never know when settlement negotiations might fall through. Being prepared and willing to go to court has the added benefit of putting you in a better position to negotiate favorable terms for a settlement.
Don’t Let the Insurance Company Bully You Around
Sustaining a severe injury in a truck accident can leave you vulnerable. Unfortunately, insurance companies frequently use this vulnerability to their advantage. The liable party’s insurer will act as though they are on your side, willing to help in whatever way they can. However, this is simply an act designed to get you to let your guard down so they can manipulate you.
If the insurer is able to gain your trust, they will use it against you to deny or devalue your claim. Insurance adjusters employ many tricks to pay claimants as little as possible. Because of their extensive experience handling these cases, it can be hard to defend yourself. The best approach is to decline to speak to the insurer until you hire an experienced lawyer.
After you hire an attorney, the insurer will no longer be able to contact you directly. By making them direct all communication through your lawyer, you will eliminate their ability to use their usual tricks. If an insurer steps over the line in their attempt to minimize the money you are able to collect, you may be eligible to file a bad faith insurance claim lawsuit against them.
Get Legal Help from an Experienced Truck Accident Attorney in Fresno Today
There are many steps you can take to ensure you get the money you need after an accident. However, the most important by far is to secure the services of an experienced attorney. At Omega Law Group, we will work tirelessly to get you fair compensation. We put our clients first. Always.
Contact us today by using our online contact form or giving us a call and set up your free, no-obligation case review with a member of our legal staff.