Santa Monica Truck Accident Attorney
Large commercial trucks are responsible for transporting essential goods throughout California every day. Most Santa Monica drivers encounter trucks regularly while driving through the area without any problems, but truck accidents can and do happen for many reasons, often with little to no warning for the drivers nearby. When a truck crash happens, the risk of injury and severe economic loss is much greater than it is in any other motor vehicle accident.
Compassionate Legal Representation for Santa Monica, CA, Truck Accident Victims
If you or a family member is recovering from injuries suffered in a truck crash, you need to know your options for legal recourse against the party responsible for causing the accident. Your recovery is likely to require an insurance claim against the driver at fault, but if this does not yield full compensation for your damages, you must prepare to file a personal injury claim as well.
McLachlan Law, APC, has years of experience handling a wide range of personal injury claims in Santa Monica, including those arising from all types of motor vehicle crashes. We have helped many truck accident victims recover their damages, and we are often able to exceed our clients’ expectations in terms of the compensation they can legally secure from those who injured them. If you are struggling in the aftermath of a truck crash caused by another driver, a Santa Monica truck crash attorney is your best asset for recovering as fully as the law allows.
Benefits of Legal Counsel for Your Truck Accident Case
When you know another party is responsible for your recent truck accident, it can seem overwhelming when you start to consider the steps you must take to hold them accountable for their actions. The recovery process after any vehicle accident can be multifaceted and stressful in several ways, but truck accidents tend to be particularly challenging. If you must file a claim against the party responsible for your accident, you need legal counsel you can trust to guide you through these proceedings as efficiently as possible.
Your Santa Monica truck crash attorney will be an invaluable asset when it’s time to confront insurance carriers and build a personal injury case when insurance alone cannot compensate your damages. Your legal team will help you gather whatever evidence you may need to firmly establish liability, and if fault for the accident is called into question in any way, they can help you resolve these disputes to preserve your right to claim compensation.
Ultimately, you are not only likely to succeed with your recovery efforts with the help of a Santa Monica truck crash attorney but also likely to maximize your total recovery. The team at McLachlan Law, APC, provides client-focused legal counsel, meaning we do not believe in one-size-fits-all legal solutions to our clients’ problems and take time to learn as much as we can about each individual client’s unique needs. Whatever your case entails, you can rely on our firm to provide the responsive and compassionate support you need to approach the situation with peace of mind.
How to Prove Fault for Truck Accidents
Large commercial trucks are vulnerable to the same risk factors as all other motor vehicles. Distracted driving, moving violations, and other forms of negligence can easily cause a serious truck accident. However, large trucks face other risk factors due to their size and commercial uses. Improperly balanced cargo, insufficient truck maintenance, and a wide range of other risk factors all contribute to the number of truck accidents reported in the US each year.
The trucking industry is also heavily regulated at both the state and federal levels. When a trucking company fails to abide by or enforce trucking industry regulations, vicarious liability could come into play if one of its drivers causes an accident. Vicarious liability defines any situation in which one party bears fault for the actions of another party. For example, if a truck driver caused an accident because they were driving under the influence (DUI) of alcohol and their employer never performed an appropriate background check that would have exposed this risk factor, the employer is likely to face vicarious liability for the accident.
It is also possible for a third party to bear fault for a truck crash, and you could face more than one defendant in your truck accident case, depending on how the incident occurred. Proving liability for your recent truck accident is a prerequisite for obtaining compensation for your damages. You must identify the party or parties responsible for the incident, and then you must prove that their negligence or misconduct directly caused your claimed damages.
Filing Your Auto Insurance Claim for a Trucking Crash
Every driver in California must have auto insurance, and the state enforces minimum coverage requirements that all policies must include. Truck drivers and their employers often have more expansive auto insurance than the average driver in Santa Monica, but this does not mean insurance alone will fully cover your damages after a serious accident. Additionally, there is never a guarantee that your insurance claim filing process will be easy or straightforward or that the insurance company will handle your claim in good faith.
Most insurance companies will look for reasons to deny coverage or justify the lowest possible settlement offers on most claims. It’s very important for the victim of a truck crash to avoid speaking with an insurance firm about a potential settlement before consulting an attorney. Once an insurance carrier notices that you have legal representation, they will be far less likely to attempt to handle your claim in bad faith, and you will be likely to receive a suitable settlement offer in a reasonable time.
McLachlan Law, APC, has confronted the largest insurance carriers on behalf of our clients. We will assist you in drafting a strong demand letter that includes all supporting evidence to seek the maximum compensation possible from the other driver’s insurance policy. If any issues arise with your insurance claim, you can rest assured that our firm will resolve these problems on your behalf and help you receive a suitable settlement as quickly as possible.
Building Your Personal Injury Claim for a truck crash
A California personal injury claim allows you to seek compensation for damages not covered by the defendant’s insurance. The average person may be able to calculate immediately noticeable damages, but state law often provides more channels of recovery than a personal injury plaintiff may realize at first on their own. When you have legal counsel you can trust, you are likely to secure the maximum recovery possible for your damages. Your attorney can be invaluable for accurately calculating the economic damages you can include in your personal injury suit, such as:
- Property damage, such as the cost of repairing your vehicle. An insurance claim may yield some property damage liability coverage, but any remainder can be included in your personal injury case.
- Medical expenses. The defendant is liable for the medical care costs you require to fully heal from your injuries. This includes immediate and long-term medical expenses. For example, if you suffered an injury that demands ongoing rehabilitative care, the defendant is liable for all medical expenses associated with your case.
- Lost income. When a trucking accident leaves you without the ability to work and earn income, the defendant is liable for the wages lost during your recovery. If you have been permanently disabled by the accident and you cannot return to work, the defendant is responsible for the future income you otherwise would have been able to earn.
Your total economic damages may amount to much more than you initially expected as long as you have an experienced Santa Monica truck crash attorney working on your case. However, your recovery does not end with your financial losses. You also have the right to claim compensation for the pain and suffering you experienced. Your attorney can closely evaluate the details of your injuries and the long-term medical effects they are likely to cause to help you determine a reasonable figure.
Other variables can also influence your total case award in a truck crash claim. If the defendant caused the accident through any illegal misconduct, they could face punitive damages and/or restitution as an element of their criminal sentence. If you bear partial fault for your accident, this may not negate your right to file a claim against the defendant, but it will diminish your final recovery. Ultimately, whatever your case entails, you have the best chance of reaching a positive outcome when you have an experienced Santa Monica truck crash attorney representing you.
Truck Accident Lawyer FAQs
Q: How Long Do I Have to File a Personal Injury Claim?
A: If an insurance claim alone cannot repay your losses from a truck crash, you will need to file a personal injury claim against the driver who injured you. In California, you have two years from the date an injury occurs to file your claim against the party responsible for the injury. Do not assume that this is plenty of time, as many variables may arise to complicate your case. It is always best to start the claim filing process as soon as possible after an injury.
Q: How Much Compensation Can I Recover for My Truck Accident?
A: If another party is responsible for the truck accident you recently experienced, you have the right to hold them accountable for all the resulting economic losses you suffered as well as your pain and suffering. Your truck accident attorney will help you expose the full scope of claimable economic damages, guide you through the insurance claim process, and file a personal injury claim to enhance your recovery as much as possible.
Q: How Much Can I Claim in Pain and Suffering Compensation?
A: California does not limit pain and suffering compensation in motor vehicle accident claims. Attorneys can use two methods to determine appropriate pain and suffering damages for their clients. First, they could use the multiplier method if their client suffered extreme injuries, multiplying their claimed economic losses by a factor of one to five. Second, they could use the per diem method if their client is expected to recover fully in the near future. This awards a set amount of compensation for each day until the victim reaches maximum medical recovery.
Q: Is It Necessary to Hire a Santa Monica Truck Crash Attorney for My Case?
A: Technically, no, there is no law that demands you hire an attorney for representation in a truck crash case. However, you are likely to achieve positive results with an experienced attorney’s assistance. Your truck accident attorney will help you gather the evidence needed to firmly prove liability, assist you with your auto insurance claim, and build a strong personal injury case on your behalf to ensure the fullest recovery possible from your damages.
Q: What Does a Santa Monica Truck Crash Attorney Charge Their Client?
A: It’s natural to worry about legal expenses when you need to hire an attorney, but McLachlan Law, APC, takes personal injury cases and charges a contingency fee. With this billing arrangement, you are not obligated to pay legal fees up front or ongoing fees for representation. Instead, we take a percentage of the case award we secure on your behalf. If, for any reason, we fail to secure compensation for your damages, you pay nothing, so there is no risk in hiring our firm to represent you in your truck accident case.
McLachlan Law, APC, can provide the comprehensive and compassionate legal counsel you need to approach your recovery efforts with greater confidence. We have helped many past clients in the Santa Monica area with a wide range of motor vehicle accident claims, including truck accident cases. We know the challenges you are likely to encounter as you seek recovery from your damages and can provide the responsive legal guidance you need to approach your recovery efforts with peace of mind. Contact us today and schedule your consultation with a Santa Monica truck crash attorney you can trust.