Los Angeles Truck Accident Attorney
Don't Settle for Less Than You Deserve
If you were recently hurt in a truck accident, you may be facing an uphill battle. Insurance companies do not voluntarily pay out compensation. In fact, they often do everything in their power to pressure you into settling for less money than you deserve. This is why you need to retain the help of a Los Angeles truck accident attorney from Biren Law Group.
We can evaluate your case and develop a strategy that is geared toward obtaining maximum compensation on your behalf. Our firm is not afraid to stand up to insurance companies. If necessary, we will take your case all the way to trial. Contact our firm now to discuss your case and learn more about your legal options. We are ready to fight for you.
If you've been injured in a truck accident you may be entitled to financial compensation for:
- Past medical bills and future medical care
- Lost earnings and future loss of income
- Pain and suffering and emotional distress
Learn More:
- Determining liability: who is at fault?
- Investigating the cause of the accident
- Federal trucking laws and regulations
- How to handle the insurance company
- Seeking compensation for your injuries
- How much is my case worth?
- What steps should I take after a truck crash?
- Filing a truck accident lawsuit: FAQ
Learn more about how our Los Angeles truck accident attorneys at Biren Law Group can help you. Contact us online or call (310) 896-4345 today for a free consultation.
Who is at Fault for the Accident?
One of the most important aspects of any truck accident claim is the determination of liability. Liability is a legal concept that has to do with who is at fault and, in turn, responsible for paying damages. Sometimes liability is clear and unmistakable, but in other cases, the responsible party is not readily identifiable.
After a semi-truck accident, Biren Law Group will work with a team of seasoned investigators and experts to discover who was at fault. Although it may seem obvious that the truck driver is to blame, other parties may also share in the responsibility. For example, a defectively designed or manufactured component part could be the real culprit.
Some of the most common causes of truck accidents include:
Poor Truck Maintenance
Trucking companies owe a duty of care to the public before they introduce big rigs, semitrailers, flat beds or any other type of truck into traffic. There are too many risks involved when cars and trucks occupy the same streets and highways.
This is why there are rules, regulations and laws about many aspects of truck driving, including:
- Trucks should be inspected on a regular basis
- Cargo loads should be properly secured
- Truckers should be screened and monitored properly
- Drivers should not drive while impaired by drugs or alcohol
- Regular truck maintenance should be done on schedule
- Drivers should not drive when they are fatigued
Overloaded Trucks & Unsecured Cargo
In the rush to get goods to market, there are times when safety is overlooked while trucks are being loaded. This can cause loads to shift during transit.
Many dangerous situations can result from this negligence, including:
- The load can fall off balance, causing the driver to lose control
- All or portions of the load can actually fly off of the truck
- The unbalanced cargo can fall on the driver while unloading
Additionally, overloaded trucks pose considerable risks to public safety, including:
- Reduced responsiveness
- Mechanical problems
- More severe crashes
All of these circumstances can produce disastrous results, including serious injuries to other drivers or workers. The bigger the truck, the greater the danger, as large semis and flatbed trucks often carry enormous loads.
Truck Driver Fatigue
Trucking company rules, federal laws, California laws and common sense all make it clear that a truck driver owes a duty to other motorists on the road to be alert at the wheel. Big rig trucks far outweigh other vehicles and have a great capacity to inflict harm in the event of a collision. A trucker needs all his wits about him as he hauls a load equivalent to a small warehouse among everyday traffic on highways.
A fatigued driver is a clear sign of negligence and liability on the part of the driver and, often times, the company that he works for. In many cases, the driver's log will tell the story, if you get the right books. Drivers who cheat usually keep two logs: an "official" one with phony time entries and a "real" one (used for payroll purposes) that shows that the driver was working an illegal number of hours, proving driver fatigue.
Investigating the Cause of the Accident
After being involved in a serious truck accident in Los Angeles, the next step is to hire an experienced firm like Biren Law Group. We can undertake an in-depth investigation using seasoned investigators and experts. This investigation should include a thorough review of how the accident occurred, as well as any records that could demonstrate whether or not the truck was properly serviced and maintained.
The trucker’s log, receipts, the truck’s computerized equipment, a physical inspection of the truck and eyewitness accounts are all potential sources of evidence in establishing liability for the accident. Industry experts can also help us to determine if product defects were to blame, like defective tires, brakes or steering.
During an investigation, our Los Angeles truck accident lawyers often discover that a truck driver or trucking company failed to adhere to legally mandated safety inspections. In other cases, the trucking company failed to properly screen, train or monitor their drivers. It is also possible that a government entity failed to address a dangerous roadway.
What If I'm Being Blamed for the Accident?
Do not be surprised if an opponent attempts to shift blame. Insurance companies are notorious for finding means to avoid paying out benefits, even if it means blaming the victim. Biren Law Group has decades of experience in truck accident litigation. We have the skill and knowledge to prove liability on the part of the truck driver or trucking company.
We analyze the "black box" data recorder installed on the truck; we examine the truck driver's records, including receipts and credit card information, to determine if he or she broke the rules regarding hours spent driving; and we examine all available evidence to determine if the trucking company maintained the vehicle involved in the accident properly.
We look for all possible negligent parties and know how to obtain maximum compensation for you.
Federal Trucking Laws & Regulations
Truck drivers and trucking companies are subject to many federal laws that regulate the safety and operation of their vehicles. When these rules are broken, the results can be disastrous.
The Federal Motor Carrier Safety Administration (FMCSA) requires truckers and their companies to follow certain laws and regulations, including laws that govern:
- Time behind the wheel: Drivers cannot drive more than 11 hours in a 14-hour period, and they must take regular rest breaks. They must also have at least 10 hours of rest prior to returning to duty. Drivers cannot work more than 60 hours within a 7-day period and must take 34 hours of rest before resuming work.
- Alcohol and drug testing: If a truck driver is involved in an accident, and there is reasonable suspicion that they are under the influence of alcohol or drugs, they could be tested. They must also be tested at random intervals for at least 12 months after they return to duty, following a license suspension for DUI.
- Distracted driving: Distracted driving can be particularly dangerous when it comes to truck drivers. Like most other drivers in the U.S., truck drivers are not allowed to text while driving or use a phone without a hands-free device or earpiece. They must also be able to dial a phone number by punching one digit.
- Proper maintenance: Trucking companies are required to correctly and safely maintain their equipment at regular intervals. They must also hold their drivers to federal law standards and train them to operate their vehicle safely. If necessary maintenance is not conducted, the results could be disastrous.
If you have been involved in a truck accident, contact Biren Law Group. We help accident victims build the strongest cases possible, as we are adept at finding liability where none is immediately apparent. In fact, our aggressive strategies have already helped thousands of clients, so don’t wait to find out what we can do for you.
How to Handle the Insurance Company
Biren Law Group cautions all truck accident victims and their families to be wary of an official-looking person with a clipboard. Very soon after a truck accident, you can expect to receive a visit, even while you are in the hospital, from a representative of the trucking company or its insurance company. This person will want a statement from you.
You do not have to give any sort of statement about the truck accident until you have consulted a Los Angeles truck accident attorney. In fact, it is recommended that you don’t. Even if you know that you weren’t at fault, you should let your lawyer communication with the trucking company and their insurance company. This is for the benefit of your accident claim.
Should I Speak to the Insurance Adjuster?
Call Biren Law Group immediately and do not sign anything without speaking to a lawyer first. The goal of the trucking company and its insurance carrier is to avoid paying for the damage that they caused. Anything you say or sign can be used against you to that end. We can tell you about your rights and help you fight for maximum compensation.
Seeking Compensation for Your Injuries
Injuries to drivers who are hit by trucks often range from catastrophic to fatal—resulting in significant damages.
Some of the most common accident-related injuries include:
At Biren Law Group, our truck accident lawyers in Los Angeles utilize the best medical and damage experts to maximize your chances of receiving full compensation after an accident with a big rig, semi-truck, or 18-wheeler.
Truck Accident Fatalities: A Terrible Loss
Your deceased family member is not just another statistic. His or her death has undoubtedly been a traumatic event for your whole family. After a death caused by a big rig collision or any other type of truck accident, you owe it to your family to determine if there is a responsible party that caused your grief and loss.
Spouses and children deserve compensation not just for medical bills, funeral costs, and lost income previously earned by the deceased person, but more importantly for the loss of care, comfort and society that the loved one would have provided had he or she not been killed.
Biren Law Group has a proven track record of uncovering the truth about who really caused an accident, even where no fault was readily apparent, and bringing that party to justice by forcing them to pay maximum compensation. If you lost a loved one in a truck accident, learn more about your options for filing a wrongful death lawsuit.
What is the Value of My Truck Accident Case?
Our Los Angeles truck accident attorneys understand that concerns over finances and the ability to cover needed medical treatment loom large over any victim and family that has been impacted by a preventable trucking crash, however, we are not able to place a specific value on any single case, especially during its initial stages.
This is due entirely to the fact that every case is different, and that every victim will have unique needs and damages as they navigate their recoveries, obtain treatment, and piece their lives back together.
Ultimately, the most accurate answer to how much your case is worth is: it depends.
While the unique facts and circumstances involved in your accident determine how much you may be able to recover in a settlement or through a verdict at trial, there are ways to understand the value of your case and the types of compensation you would be eligible to recover. As a case progresses, we closely evaluate available damages and a victim’s specific situation to hone in on its ultimate value.
Economic Damages
Victims can gain a better understanding of case value when they consider the economic damages they are eligible to recover in personal injury cases. These include damages that have a direct impact on their financial well-being, such as medical expenses, therapy costs, and lost wages caused by missing work.
Additionally, for victims who experience more severe injuries that result in longer recoveries or even permanent impairment, economic damages may also include compensation for future needs, including the costs associated with future doctor appointments, living accommodations, and more.
Future economic needs may also include lost future wages, as severe injuries may prevent victims from doing the work they once did or engaging in any type of gainful employment at all.
Non-Economic Damages
Victims who suffer injuries and catastrophic impairments in truck accidents face more than economic damages alone, which is why personal injury claims provide compensation for their intangible losses.
These commonly include their physical pain and suffering (as well as future pain and suffering in severe injury cases), loss of enjoyment or quality of life, mental anguish, and other emotional injuries. Calculating non-economic damages suffered by victims is critical to pursuing the full value of their cases.
Punitive Damages
While economic and non-economic damages comprise the core of most personal injury cases, there are some cases where victims can secure additional compensation in the form of punitive damages awarded against defendants. Punitive damages, also known as exemplary damages, are reserved for cases involving gross acts of negligence or recklessness, and are designed to further punish wrongdoers and establish a clear message that such conduct is never tolerated. When available, punitive damages should be pursued aggressively to maximize the value of a case.
What Steps Should I Take After A Truck Accident?
After a severe truck accident, prioritize your safety and well-being. Request immediate medical attention and call the police to report the incident. If you are rushed to the hospital and are unable to gather evidence or take photos, don't worry—your focus should be on seeking medical help and stabilizing your condition. Ask for assistance from witnesses or bystanders to gather information, take pictures, and collect contact details.
Once you are stable, consult with a truck accident lawyer who can handle the legal aspects for you. They will investigate the accident, gather evidence, and work on your behalf to protect your rights and pursue compensation for your injuries and losses. Our lawyers will handle communication with the insurance companies and guide you through the process, ensuring your case is handled properly while you focus on your recovery.
FAQ: Filing a Truck Accident Lawsuit
Will I Have to Go to Court?
Whether or not you have to go to court for your truck accident case depends on various factors. In many instances, personal injury cases, including truck accidents, are resolved through settlements negotiated outside of court. The majority of cases are settled without the need for a trial. However, if a fair settlement cannot be reached, or liability is disputed, a trial may become necessary. Our attorneys will work to pursue the best outcome for you, whether through negotiation or litigation.
How Long Will My Case Take to Resolve?
The duration of a truck accident case can be variable. Some cases are resolved within several months, while others may take longer, potentially stretching to a few years. The complexity of the case, severity of injuries, cooperation between parties, court availability, and other factors can influence the timeline. Our lawyers can provide a better estimate based on the specifics of your case.
How Much Does It Cost To Hire a Lawyer?
Truck accident lawyers typically work on a contingency fee basis. This means they only get paid if they successfully recover compensation for you. The standard contingency fee is a percentage of the amount you receive, often around 33% to 45%. If the case is not successful, you won't owe any attorney fees.
Learn How Biren Law Group Can Help
Biren Law Group is ready to help you fight for the level of compensation you deserve. Our aggressive case development strategies have already helped hundreds of clients recover top dollar for their injuries, and we specialize in finding liability where none was apparent. After all, the truck driver who caused the accident may not be the only one at fault.
Our firm has been protecting the rights of accident victims for more than three decades. In that time, we have recovered more than half a billion in damages and represented thousands of accident claims. Find out how we can assist you by scheduling a free, no-risk consultation with one of the truck accident attorneys at Biren Law Group.
Call us at (310) 896-4345 to schedule a free consultation with Biren Law Group.
OVER HALF A BILLION WON FOR ACCIDENT VICTiMS
-
$104,000,000 Premises Liability Judgment
-
$12,000,000 Bad Faith Verdict
-
$4,300,000 Wrongful Death Verdict
-
$4,300,000 Car Accident Verdict
-
$4,000,000 Workplace Injury Settlement
-
$3,500,000 Motorcycle Accident Verdict