Trucks cause a disproportionate number of highway fatalities. Sadly, people who survive tractor-trailer accidents often have significant injuries.
The insurance company representative will often approach the truck crash victim quickly after their accident with a poor settlement offer. However, speaking with a skilled injury attorney is wise before accepting the award.
A claim involving a semi-truck can be complicated and should be handled with professional assistance. Fortunately, a Milpitas truck accident lawyer can help ensure you receive a reasonable settlement amount for the harm you suffered.
Types of Truck Accidents
Due to their size, trucks are typically difficult to drive. For example, tractor-trailers are hard to steer, are prone to rollovers, and have large blind spots. In addition, truckers are often under pressure to deliver loads on an unrealistic schedule.
A truck collision could happen under various circumstances, causing significant damage to the passenger vehicle behind and in front of the truck and in adjacent lanes. Common types of truck accidents include situations where the trucker does one of the following:
- Attempts to go under a low overpass and get stuck
- Hits an icy or slippery patch in the road, causing the truck to jackknife
- Experiences load shift, causing a rollover
- Loses track of the vehicle in their blind spot
- Blows a tire or breaks an axle
A knowledgeable attorney in Milpitas will investigate the cause of a tractor-trailer accident and demand compensation from the responsible parties.
Identifying the Negligent Parties After a Truck Accident
As a common carrier, a trucking company and its employees must use the utmost care to protect others who drive on the roads and highways. When these parties fail to keep other drivers safe, they are liable for the injured person’s injuries. A legal representative can collect evidence to determine whether the trucking company did one of the following:
- Failed to train their drivers properly
- Engaged in negligent hiring by not conducting a thorough background check or evaluating the employee’s driving record
- Imposed unrealistic delivery schedules
- Was unable to perform scheduled maintenance
When the company deviates from its best practices, it could be responsible for the injured person’s losses. Likewise, the vehicle manufacturer is liable when a mechanical issue contributes to a wreck. Sometimes, a local government will bear responsibility when road conditions contribute to a crash.
California Civil Code §1714 establishes the pure comparative fault rule, which says that anyone involved in an accident bears responsibility for their percentage of fault. When an injured person’s own negligence contributes to their crash, they could collect compensation from other negligent parties. That said, the trucking company might try to shift responsibility onto accident the victim to limit their liability. However, a Milpitas lawyer can prevent the victim from carrying responsibility for the tractor-trailer accident.
How an Attorney Can Help After a Truck Wreck
In the hours after a collision involving a commercial truck, the transportation company investigators and insurance company representatives will visit the crash site and approach the accident victim with a settlement offer. However, it is crucial to avoid interacting with insurance representatives before engaging legal representation.
A hardworking and seasoned attorney in Milpitas can quickly begin building a case against the trucking company and other responsible parties who caused the wreck. Most importantly, the legal team member will handle all communication with the insurance company, allowing the injured individual to heal in peace and increase their chances of a reasonable settlement.
Trust Your Truck Accident Claim to a Milpitas Attorney
When you are the victim of a tractor-trailer crash, it could be months before you recover. However, if you have sustained permanent injuries, you will likely need significant time to adjust to your condition.
Therefore, do not spend time or energy negotiating with the responsible trucking company or their insurer. Instead, call a Milpitas truck accident lawyer today.