Los Angeles sees more than its fair share of traffic accidents, including those involving large commercial trucks. With over 15 million registered trucks in the state of California, truck accidents are an unfortunate reality on LA roads and highways. If you have been involved in an accident with a semi, box truck, or other large truck, you may be overwhelmed and unsure of what steps to take next. This guide will walk you through how to deal with a truck accident in Los Angeles.
Secure the Scene
The first priority is always safety. Pull over to the shoulder and get out of the flow of traffic if you are able to. Turn your hazard lights on and set up warning triangles behind your vehicle to alert other drivers. If the truck driver is able, they should do the same for their rig. Check on the condition of the truck driver and any passengers they may have. Request medical assistance if their injuries are serious. Likewise, assess your own condition and that of your passengers. Get immediate medical attention for any significant injuries.
Call the Police
Even if the accident seems minor, you should always contact the police to file an official report. In LA, call 911 or contact the California Highway Patrol at (800) 835-5247 for wrecks that occur on highways, freeways, and bridges. The police report will document important details like the time, date, location, road conditions, witness statements, and any traffic violations observed. Having an official record from the outset can greatly help your legal case down the road. Make sure to get the badge number and contact information of the responding officer.
Exchange Information
When it is safe, exchange contact and insurance information with the truck driver. Get their name, trucking company, license plate, and operating authority number. Truckers are required to carry proof of insurance, so request a copy. Photograph the scene, vehicles, license plates, damage, skid marks, and any cargo spills. Also, get contact details for any witnesses who saw the accident occur. Having this documentation on hand will streamline the claims process.
Seek Medical Treatment
Even if you don’t have obvious injuries, it’s important to get checked out by a doctor after any truck wreck. Symptoms of shock or adrenaline can mask serious issues in the aftermath. Soft tissue damage, spinal injuries, and trauma can take time to manifest. A medical evaluation will also provide documentation of any injuries or pain and suffering related to the crash. Be sure to follow up with any recommended treatment and notify your insurance provider of the medical costs.
Report the Accident
You will need to report the commercial truck accident to your auto insurance provider. Give an accurate account of what happened and supply supporting evidence like photos, witness statements, and the police report. If injuries or vehicle damage meet state thresholds, the wreck must also be reported to the California DMV using an SR-1 form within 10 days. Trucking companies are mandated to immediately report any accidents involving their rigs to the FMCSA. It’s best to do this step with an attorney present.
Consult an Attorney
It’s highly recommended to consult a truck accident attorney after any collision involving a large commercial vehicle. Crashes with tractor trailers and other large trucks often result in catastrophic injuries and massive property damage due to their size and weight. There are complex legal issues regarding negligence, commercial driving regulations, insurance liability, and workers’ compensation laws. Experienced truck accident lawyers Los Angeles can build the strongest case possible to recover the maximum compensation you deserve. They will handle dealings with aggressive insurance companies and coordinate expert analysis of factors like truck maintenance records, driver logs, cargo loads, weather conditions, and more.
Determining Liability
Figuring out who was at fault and to what extent is a critical component of any truck wreck claim. Common factors examined include:
- Truck Driver Error – Did the driver violate traffic laws, drive aggressively, or act negligently? Were they distracted or fatigued?
- Trucking Company Negligence – Was the driver properly trained and licensed? Were Federal safety regulations followed for maintenance, load weight, Hazmat cargo, driver logs, etc.?
- Manufacturer Defects – Did any mechanical failures or tire blowouts cause or contribute to the crash?
- Environmental Conditions – Did hazardous weather, poor visibility, or dangerous road conditions play a role?
- Third Party Negligence – Are any other drivers, companies, or entities potentially liable for causing the accident?
- Your Actions – Could any comparative negligence be attributed to your own driving? How does this impact damages?
In complex commercial truck accident cases, specialized crash reconstruction and engineering experts are often brought in to conduct in-depth analyses. Experienced truck accident attorneys Los Angeles will determine how negligence should be apportioned based on the specific circumstances. This guides the legal strategy and any negotiations with insurers.
Calculating Damages in a Truck Accident Claim
If a truck driver, their employer, vehicle manufacturer, or other party is deemed liable in a crash, their insurance provider must cover the resulting expenses. Economic and non-economic damages that may be claimed include:
- Emergency medical treatment
- Hospitalization and inpatient rehabilitation
- Follow-up doctor & therapy appointments
- Prescription and over-the-counter medications
- Medical devices and in-home care
- Loss of income and benefits
- Property damage including vehicle repair or replacement
- Pain and suffering
- Loss of enjoyment of life
- Disability, disfigurement, or loss of limb
- Emotional and psychological trauma
- Loss of consortium for family members
Keep all receipts and have the costs correctly coded by your medical providers and repair shops. Your attorney can retain finance and vocational experts to accurately calculate both current and future losses. Settlements must sufficiently cover both economic and non-economic impacts.
Truck Accident Settlements and Verdicts
Settlements occur when a mutually agreed upon amount is negotiated outside of court between your attorney and the insurance companies involved. Verdicts are decided by a judge or jury if a trial becomes necessary. Factors impacting truck wreck settlements and verdicts include:
- Severity of injuries and loss
- Clear liability and negligence
- Cost of ongoing and future medical treatment
- Amount of verifiable damages
- Lost income and impact on financial stability
- Applicable insurance policy maximums
- Desire to avoid negative publicity
- Jurisdiction and verdict history
- Skill and reputation of your legal team
With extensive experience in truck accident cases, Los Angeles truck accident lawyers can develop maximum leverage for the highest potential payout. They will aggressively pursue fair compensation for your injuries, damages, and trauma.
If you or a loved one has been injured in an accident with a commercial truck in LA, contact the experienced team at Karns & Karns Truck Accident Attorneys today to schedule a free consultation. We will protect your rights, while you focus on what matters most – your recovery.
