Commercial truck accidents often result in catastrophic damage due to the massive size and weight of these vehicles. If you were involved in an accident, you will likely be dealing with severe injuries and expensive medical bills. Fortunately, an experienced Long Beach truck accident attorney can help you recover compensation to get you back on your feet.
At Omega Law Group, our experienced team of Long Beach personal injury lawyers has successfully recovered millions of dollars for our clients. We have a proven track record of taking on the big trucking companies and winning. Contact us today to schedule your free, no-obligation case evaluation with a member of our legal staff.
A High Standard of Safety for Commercial Truck Drivers and Trucking Companies
Because accidents involving commercial trucks frequently result in substantial damage, the law holds trucking companies and their drivers to a very high standard of safety. To operate these vehicles, drivers must obtain a commercial driver’s license (CDL) and receive special training. Furthermore, they will need special endorsements to transport certain dangerous goods.
Trucking companies are required to ensure that all their drivers receive the required training and have the necessary licensing to operate these vehicles. In addition, they must ensure their fleet of trucks is regularly inspected and maintained to ensure they are safe for the road.
An Experienced Truck Accident Attorney in Long Beach Can Help You Prove Fault After an Accident
When attempting to recover compensation following a truck accident, you will need to figure out who is to blame. You won’t be able to pursue a claim until you know who is liable. In the majority of truck accident cases, there are several parties that can potentially hold a level of fault. In addition to the truck driver and trucking company, other commonly liable parties include:
- The truck manufacturer
- The company responsible for maintaining the trucks
- The party that loaded the truck
- The government body charged with road maintenance in the location where the accident occurred
- A third-party driver whose actions were the direct cause of the collision
This list is far from exhaustive. Because of this, attempting to prove fault on your own can be incredibly difficult. Fortunately, the legal team at Omega Law Group can help. Our attorneys will identify the liable party and then complete and file all of the paperwork required for a truck accident lawsuit before the deadline established by the California personal injury statute of limitations.
California and the Pure Comparative Negligence Rule
When assessing your ability to recover compensation after a truck accident in Long Beach, your eligibility will be subject to California’s pure comparative negligence rule. With pure comparative negligence, anyone who incurred damages as the result of an accident has the right to claim compensation as long as they were not 100% to blame.
However, if you did share in the fault for the crash, you will not be able to recover the full value of your damages. Instead, the available compensation will be reduced at a rate proportional to the level of fault you hold. For instance, if you were 60% to blame for the collision, the maximum compensation you could collect would be 40% of the value of your claim.
If your damages are valued at $100,000, this would mean that the most you would be able to recover would be $40,000.
Be Careful When Dealing With an Insurer After an Accident
After a truck accident that leaves you with a severe injury, you will be in a vulnerable state. Unfortunately, this can make you easy prey for predatory insurance companies. The liable party’s insurer will use your situation to try and take advantage of you. They will pretend to be working to help get you the money you need so that you will let your guard down.
If the insurer succeeds in gaining your trust, they will use it to deny or devalue your claim. Insurance companies teach their employees a wide variety of tricks to use against claimants to avoid paying the full value of their claim. The best way to protect yourself and your right to recover fair compensation is by declining to speak to the insurer until you have hired a lawyer.
Once you have legal representation, the insurer will be barred from contacting you directly. When you make them work through your attorney, you take away their ability to employ their normal tricks. If an insurer goes too far in their attempts to keep you from recovering the money you need and deserve, you may have grounds for filing a bad faith insurance claim lawsuit.
When to Take a Settlement Deal
Following a truck accident, you may be wondering if you should take a settlement deal. Most of these cases are settled out of court. However, that does not mean you should take the first settlement offer you receive. The initial offer will likely only be for a fraction of the value of your claim, and if you take the deal, you will be blocked from pursuing further compensatory damages.
Before accepting any settlement deal, it is best to have an experienced attorney look it over. Your lawyer will be able to compare the losses you suffered against the amount being offered to determine whether or not the deal is fair. They will ensure you have all the information about your claim to make an informed decision before accepting or rejecting the offer.
Even though the majority of truck accident cases are settled out of court, you should still prepare as though going to trial is a certainty. There is always the chance that you will be unable to come to terms on a settlement, making a trial necessary. By being prepared to take your case to trial, you will also have more leverage to negotiate a favorable settlement deal.
Hire an Experienced Truck Accident Attorney Serving Long Beach Today
There are many things you can do to improve your chances of recovering the money you need after a truck accident. However, the single most important step to take is to hire an experienced lawyer. At Omega Law Group, we are dedicated to providing the best legal services possible to accident victims. We put our clients first. Always.
Contact us today to schedule your free initial case consultation with one of our experienced attorneys.