Truck Accident Lawyer Thousand Oaks

There are thousands of trucks driving on the highways and streets of Thousand Oaks, California every year. There were 9,888 people injured in truck accidents in 2019 and 392 people killed in accidents that same year. 

Trucks are necessary to get people the food, medicine, and other products they need. However, they can also cause a lot of problems on the road. The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. They have multiple rules that truckers must follow when they operate their vehicles. When those rules are violated, trucks often have accidents.

If you have been injured in a trucking accident and you believe the truck driver was at fault, you are entitled to insurance compensation. Maki Law Firm can help you get the compensation you need to deal with your injuries and move on with your life. If you have lost a loved one in a trucking accident, our personal injury law firm can represent you in a wrongful death case.

We can also assist you if you have been involved in a motorcycle accident, pedestrian accident, slip and fall accident, or medical malpractice.

Common Causes of Truck Accidents

There are a few different reasons for truck accidents that truck accident lawyers, insurance companies, and the police see repeatedly:

Speeding

Speeding is the number one reason for accidents, no matter what kind of vehicles are involved. According to Newton’s Second Law of Motion, force equals mass multiplied by acceleration. When a heavy vehicle, like a truck, hits a smaller vehicle, the force of the truck will be greater than the force of the other vehicle. If the truck is speeding, that force will be much greater. 

It is easier for an attorney to prove when truck drivers speed than most might think. This is because trucks have Electronic Logging Devices (ELDs) that measure how fast a truck is traveling at all times. Truck crashes are investigated by the FMCSA and those records can be used in court.

Distracted Driving

There have always been many things that can take a driver’s attention away from the road. Drivers once talked to each other on CB radios and distracted each other with jokes and conversation. Today, drivers are even more tempted by their cell phones. Many collisions have been caused by a text message or social media post. Professional truck drivers are not immune to the lure of smartphones. However, drivers of semi trucks are held to a higher duty of care than other drivers. If they cause an accident because they were on their phone, they may lose their commercial driver’s license and not work as a trucker again.

Drowsy Driving

Professional truck drivers are not allowed to drive over 11 consecutive hours a day and are not allowed to work more than 14 hours at a time. They are required to have 8 hours in their sleeping berth before they can drive again. These standards are based on multiple studies done by the FMCSA and other organizations.

If a driver does not get the proper amount of rest, they may cause an accident. The driver’s ELD will show how long they have been driving. If the device shows that they have been driving for longer than 11 hours and they get into an accident, those records can be subpoenaed and used as evidence that the driver was at fault.

Gather Evidence for an Insurance Claim

Whenever two vehicles have an accident, the drivers must pull over to the side of the road to see if anyone is injured. In a truck accident, someone will almost always be injured. You must then call the EMTs to the scene. It is always advisable to let them treat you and go to the hospital with them if they tell you to.

A law enforcement officer who arrives at the scene will ask you questions about the accident, but you do not have to answer them. You should get the names and numbers of any witnesses at the scene and take pictures if possible. Be sure to exchange insurance information with the truck driver and note the company they work for.

Although it is unlikely, you may walk away from the truck accident feeling just fine. However, you should still go see your doctor. There are some injuries from crashes that are not immediately apparent. Traumatic brain injuries and back and neck injuries sometimes surface after a week or two.

Damages in Truck Accident Cases

Saving medical bills is very important in personal injury cases. This includes bills for any surgeries that you have had and every doctor’s appointment. If you need physical therapy, save the bills from each of your appointments. It is also important to get your doctor and physical therapist to write you progress reports. They need to document what kind of treatment you need going forward.

Save receipts for any medication you have taken. If you need help around the house or if you need ridesharing services because you are not able to drive, save the bills for those services.

A car accident of any kind can result in severe injuries, and truck accidents often result in permanent disability or disfigurement for their victims. If you have experienced a severe injury, you may be entitled to compensation for pain and suffering.

You should talk to a mental health professional and ask if they can write you a report. Keep a daily journal detailing how your life has changed since the accident. People who have experienced traumatic injuries are often unable to work and may end up losing touch with friends, family members, and romantic partners. This can result in depression and mental trauma.

Contact a Thousand Oaks Truck Accident Lawyer Today

When you call the trucking company’s insurance company, they will create a case for you and it will be assigned to an adjuster. The adjuster will decide if your claim is valid. If they decide that it is, they will offer you a certain settlement amount. That amount is almost always going to be too low.

Personal injury attorneys have extensive experience dealing with insurance adjusters. They will be able to negotiate a higher settlement on your behalf. If the insurance company still won’t give you a fair settlement, an attorney can represent you in court.

Maki Law Firm Can help you get a fair settlement for property damage and all other damages in a personal injury case. Give us a call for a free consultation today.