Commercial truck accidents can be devastating. Given the immense size and weight of these vehicles, collisions with passenger cars often result in life-altering injuries and extensive property damage. If you’ve been injured in a truck crash, having a skilled truck accident lawyer in Costa Mesa by your side can make all the difference.
At Omega Law Group, our dedicated team of Costa Mesa personal injury lawyers has secured millions of dollars in compensation for clients across California. We have the experience and determination to stand up against powerful trucking companies and their insurance providers. Contact our office today to arrange a free case evaluation.
Legal Responsibilities for Trucking Companies and Drivers
Due to the heightened danger these vehicles pose, commercial truck drivers and their employers are legally obligated to adhere to stricter safety standards than other motorists. These regulations, enforced at both state and federal levels, are designed to prevent accidents before they happen.
Here are a few of the legal requirements that must be followed:
- Commercial Driver’s License (CDL): Truck drivers must pass specific tests and obtain a CDL before operating heavy commercial vehicles.
- Special endorsements: Drivers transporting hazardous materials or oversized loads must hold additional certifications.
- Routine inspections and maintenance: Trucking companies are required to regularly inspect and service their fleets to ensure roadworthiness.
- Hours of service (HOS) regulations: To prevent fatigue, drivers are limited in how many hours they can drive consecutively without rest.
When these standards are violated, whether due to company negligence, driver error, or mechanical failure, the results can be tragic. Victims have the right to pursue compensation for their losses.
A Knowledgeable Truck Accident Lawyer Serving Costa Mesa Can Help You Determine Liability After a Truck Crash
One of the most critical aspects of any truck accident claim is determining who is at fault. Establishing liability in commercial vehicle crashes is often far more complicated than in crashes between two passenger vehicles. In many cases, multiple parties share legal responsibility, including:
- The truck driver
- The driver’s employer or trucking company
- The truck manufacturer
- The company responsible for loading cargo
- The manufacturer of a defective truck part
- A third-party maintenance company
- Local government entities responsible for road upkeep
- Other drivers involved in the incident
Each of these parties could bear some degree of responsibility, and each will likely have its own legal team working to avoid liability. That’s why it’s essential to have your own attorney investigating the facts, preserving evidence, and building a strong case on your behalf.
At Omega Law Group, we leave no stone unturned when it comes to identifying fault and pursuing full compensation for our clients. We’ll ensure that all the paperwork for your case is filed accurately and in time to meet all deadlines established by California’s personal injury statute of limitations.
California’s Pure Comparative Negligence Rule
California law observes a pure comparative negligence rule when assessing fault after an accident. This means that even if you were partially to blame for causing a crash, you may still be entitled to recover damages as long as you were not solely at fault.
However, it’s important to understand that the available compensation will be reduced at a rate proportional to your level of liability. For example, if you are found to be 30% at fault for the collision, your available compensation will be reduced to 70% of the full value of your losses. This means that if your claim is valued at $100,000, you would be eligible to recover $70,000.
While this rule ensures that partially at-fault victims can still recover compensation, it also opens the door for insurance companies to try to shift more blame onto you to minimize their payout. Working with a lawyer helps prevent these tactics from succeeding.
Dealing With Insurance Companies After a Truck Accident
After a serious truck crash, it’s common for the at-fault party’s insurance provider to contact you quickly. They may seem sympathetic or even offer a quick settlement deal. However, it’s important to remember that insurance companies are not on your side.
The primary goal of insurance adjusters is to reduce the financial exposure of the company, not to help you recover fair compensation. In their efforts to deny or devalue your claim, they may attempt to:
- Get you to admit fault or say something damaging on record
- Offer an early settlement far below the actual value of your claim
- Delay processing your case in the hopes that you’ll give up
- Dispute the severity of your injuries
The best way to protect yourself is to avoid speaking to the insurer until you’ve retained legal counsel. Once you hire a Costa Mesa truck accident attorney, all communication with the insurance company must go through your lawyer, who will ensure your rights are protected at every stage of the process.
Your attorney may even pursue a bad faith insurance claim lawsuit if the insurer crossed any lines in their efforts to avoid paying you the money you deserve.
Should You Accept a Settlement Offer?
Most truck accident claims are resolved through out-of-court settlements. However, that doesn’t mean you should automatically accept the first offer that comes your way. Initial offers are often designed to settle quickly and cheaply, before you’ve had a chance to fully understand the long-term impact of your injuries.
An experienced truck accident attorney serving Costa Mesa will help you recover the full value of your compensatory damages by:
- Evaluating the full scope of your losses (medical expenses, lost wages, pain and suffering, future treatment)
- Comparing this amount against the offer on the table
- Negotiating aggressively to ensure you’re not shortchanged
While we always aim to resolve cases efficiently, we also prepare every case as if it’s going to trial. This approach gives our clients more leverage during negotiations and ensures we’re ready for court if the insurance company refuses to be reasonable.
Secure the Services of an Experienced Truck Accident Attorney in Costa Mesa Today
There are many steps you can take to protect your legal rights after a truck accident. However, the most important thing you can do is to hire a seasoned attorney with experience handling challenging commercial vehicle cases. At Omega Law Group, we’re committed to helping injury victims in Costa Mesa get the justice and compensation they need to rebuild their lives.
We take pride in our client-first approach and will be with you every step of the way. Contact us today for a free, no-obligation case evaluation. We’re here to answer your questions, evaluate your case, and help you make informed decisions about your future.