When an accident involves a commercial truck, the resulting damage is often catastrophic. The size and weight of these vehicles make them an increased risk to other drivers on the road. If you suffered damages in an accident, recovering compensation can be critical. Fortunately, an experienced San Francisco truck accident attorney can help.
At Omega Law Group, we have a proven track record of success going up against large trucking companies. Our experienced team of San Francisco personal injury lawyers will work diligently to ensure you recover the money you need and deserve. Contact us today by phone or through this website to schedule a free case review with a member of our team.
Commercial Truck Drivers Are Held to a Higher Standard of Safety
Because of the dangers posed by large trucks, commercial truck drivers and trucking companies are held to a higher standard of safety. Drivers must receive additional training and obtain a commercial driver’s license to operate these vehicles. In addition, they may need certain endorsements if transporting dangerous goods.
Trucking companies must ensure that all of their drivers have the necessary training and licensing to do the work and that all their trucks receive routine maintenance to ensure they are safe to go out on the road.
An Experienced Truck Accident Attorney in San Francisco Can Help You Prove Fault
When attempting to prove liability after a truck accident, it is important to keep in mind that there are a variety of potentially liable parties. In addition to the truck driver, some other commonly at-fault parties in these cases include:
- The trucking company
- The company that performs maintenance on the trucks
- A third-party driver whose actions led to the collision
- The truck manufacturer
- The government body responsible for maintaining the road where the accident occurred
This list is far from exhaustive. Figuring out who is to blame on your own can be incredibly challenging. Fortunately, Omega Law Group can help. Your attorney will identify who is liable for your damages and complete and file all the necessary documents for a truck accident lawsuit against them before the California personal injury statute of limitations.
Pure Comparative Negligence in California
When assessing fault following a truck accident, the courts in California use a pure comparative negligence model. With this system, anyone who suffered losses in an accident can pursue compensation as long as they were not 100% to blame.
However, if you did share in the fault for the crash, the amount of money you can collect will be reduced in direct proportion to your level of liability. For example, if you were determined to be 20% at fault for the crash in which you were injured, you would only be eligible to collect 80% of the full value of your claim.
Using this example, for a claim valued at $100,000, the maximum compensation available would be $80,000
Don’t Let the Insurance Company Take Advantage of You
After suffering a serious injury in a truck accident, you will be in a vulnerable state. Unfortunately, the liable party’s insurer will likely attempt to use your vulnerability against you. They will approach you as though they are your friend, ready to lend a helping hand. However, they are simply attempting to get you to trust them so that they can take advantage of you.
If the insurer gains your trust, they will use it to deny or devalue your claim. Insurance adjusters have a wide range of tricks they use against claimants to pay out as little as possible for valid claims. The best way to protect yourself against these tactics is by declining to speak with anyone from the insurance company until you have hired an attorney.
Once you have legal counsel, the insurer will have to go through them for all communications rather than contacting you directly. By putting in this buffer with extensive legal knowledge, you will eliminate the insurer’s ability to manipulate you. If an insurer conducts themselves unethically, you may have grounds for filing a bad faith insurance claim lawsuit against them.
When to Take a Settlement Deal
Following a truck accident, you should never accept the first settlement offer you receive. While in cases of severe injury, the amount of money being offered may sound like a lot, you can be sure that it is only a fraction of the full value of your damages. If you accept this offer, you will be unable to collect additional compensatory damages when you know the full value of your losses.
Before accepting a settlement offer, you should have an experienced truck accident lawyer take a look at the deal. Your attorney will compare the value of your losses versus the amount being offered to determine the fairness of the deal. They will inform you of all aspects of the situation so that you can make an informed decision.
Despite the majority of personal injury cases settling out of court, it is still essential that you prepare your case as though it will go to trial. Being ready and willing to take your case to court will give you leverage during settlement negotiations. Additionally, it will ensure that you are prepared for a trial if negotiations don’t pan out.
Secure the Services of an Experienced Truck Accident Attorney Serving San Francisco Today
Securing the services of an experienced lawyer will greatly improve your chances of recovering the money you need after an accident. At Omega Law Group, we always put our clients first. We will work tirelessly to ensure a positive outcome for your case.
Contact us today by completing our online contact form or calling us to set up your free initial case consultation with a member of our legal team.