Large commercial vehicles, such as big rigs and tractor-trailers, have the potential to cause catastrophic bodily injuries when involved in a collision with a regular passenger vehicle. Truck drivers and trucking companies can make mistakes that could result in serious consequences. Unfortunately, because of the difference in size of the vehicles, people in regular passenger vehicles are at risk of being the most injured. Many of the injuries caused in a tractor-trailer accident can result in lifelong medical issues and expensive medical costs.
If you or a person you know has been injured after colliding with a big rig, it is important to know that there may be an opportunity to obtain financial restitution for the injuries. While the State of California allows victims of negligence the right to file a personal injury lawsuit, the state also imposes a strict time frame to file the claim. Here, we will discuss important information about what you should know when considering filing a personal injury claim after a trucking accident.
Negligence in a Trucking Accident
Truck drivers and trucking companies have a duty to ensure the safety of others. Depending on the facts of each case, this duty can have different meanings. Generally, however, when a truck driver or trucking company is careless in ensuring the safety of others, this can lead to a valid personal injury claim.
The following examples are actions that could represent negligence on behalf of the truck driver or trucking company:
- The company’s failure in maintaining the tractor-trailer, which could include replacing tires or brakes;
- The commercial vehicle’s operator who has failed to obey state and federal laws regarding the amount of time he or she can drive in one shift or failing to take sufficient breaks;
- The truck driver found operating the vehicle under the influence of an impairing substance;
- Distracted driving by using a phone or eating; or
- The truck driver’s reckless driving, such as driving at excessive speeds
Consult the Legal Representation You Deserve
If you or a person you know has been injured in a trucking accident, it is important to seek legal representation as soon as possible. Identifying negligence in an accident is not always simple and in fact, there may be multiple parties that may be held responsible for the damages caused. By filing a personal injury lawsuit, the following remedies may be available:
- Medical expenses related to the accident,
- Property damages,
- The inability to earn a living,
- Pain and suffering,
- The loss of quality of life,
- Punitive damages against responsible parties
Experienced personal injury attorney Albert E. Hirst is dedicated to helping those who have experienced bodily injury as a result of another’s negligence. If you have been injured because of careless truck driver, filing a personal injury lawsuit can be complex and obtaining financial restitution may come with a challenge. Consider speaking to a qualified attorney who can represent your case and fight for the damages you deserve. Personal injury claims in the State of California are subject to strict time limitations; obtain the legal support of a qualified attorney as soon as possible.