Collisions between cars and trucks often result in death or serious injury, Such crashes are not as black and white as car accidents. Even if a truck driver is 100 percent responsible for an accident, knowing whose insurance to file a claim against may not be so simple.
If the trucker was independent, you may have to file the insurance claim against their personal insurance.. If they work for a trucking company, the company’s insurance is likely to be responsible for paying their bills.
If you have lost a loved one to a trucking accident or if you have been injured in one yourself, it is a very good idea to hire a personal injury attorney who specializes in trucking accidents. They will be able to research the proper insurance company to file a claim against. They will also be able to help represent you in court.
Possible Causes of a Trucking Accident
As with any other automobile accident, a collision with a truck may be caused because the driver is simply distracted, under the influence of drugs or alcohol, or simply lacking in the necessary motor skills to operate a vehicle safely.
Truckers are expected to have a commercial driver’s license. They are not allowed to drive over 11 consecutive hours and they must undergo regular drug and alcohol tests. They are expected to maintain their trucks to certain standards and semi drivers must carry $750,000 in auto insurance. An attorney will be able to assist you in making sure that each of these standards was met by a trucking company.
What to do in an Accident
When you have a collision with any kind of vehicle it is important to call the police and stay at the scene until they arrive. Take pictures and get the names of witnesses if you can. Be sure to exchange insurance information with the other driver and ask for a copy of the police report.
Save each one of your medical bills and all receipts from any prescription or non-prescription medications that you have taken as a result of the accident. Have your employer write you a letter stating the hours that you have missed from work.
Insurance Laws in California
California is a tort or fault state when it comes to auto insurance. This means that the driver who is responsible for the accident is also responsible for paying its associated bills. More specifically it is a pure comparative fault state, which means that a person is only responsible for the percentage of the accident they caused.
If you were 70% responsible for an accident, you should be able to get the other party’s insurance company to pay for 30% of your bill. If you were 90% responsible for an accident, you should be able to get the other party to pay 10% of your bill.
Unfortunately, truck collisions often end in death for the person who was not in a truck. If you have lost an immediate family member to a trucking accident, you will have two years to file a wrongful death suit in the state of California.
Finding an Attorney
The attorney you select should have years of experience in negotiating with insurance companies. They should be familiar with the California court system and educated in interstate truck and traffic law. Fresno Truck Accident Lawyer Grossman is well suited to handle your truck accident case.
Getting hit by a truck is a shocking and traumatic experience. A trained lawyer can ease the blow by getting you the money you deserve.