Menifee Truck Accident Attorney
Menifee Truck Accident Lawyer
An auto accident can be a scary and traumatic event, especially when one of the vehicles involved is a large commercial truck. If you or a loved one has experienced a truck accident due to the fault of another party, then consulting with a trusted Menifee truck accident attorney can help you navigate through the complex aftermath of the incident and secure the compensation you are entitled to.
The damages from a collision can be devastating, while the legal process that follows can be equally overwhelming as you try to recover from the injuries you sustained. The state of California has specific laws in place concerning negligence while behind the wheel. However, not all auto accident cases are as routine as you might think.
Personal injury cases of all kinds can be complex due to their severity and the overall magnitude of the resulting damages, which is why seeking the advice of legal representation that you can trust is paramount to the ultimate success of your case and the ability for you to recover with peace of mind knowing that your damages are adequately compensated for.
Kampf, Schiavone & Associates has recovered over $250 million for injured victims all across the Golden State. Our firm’s track record of success fighting back against large insurance companies on behalf of our clients speaks for itself. Our team of experienced trial attorneys can help equip you with the legal advice you need to move forward with confidence throughout the course of your legal proceedings so that you can recover with peace of mind.
Common Causes of Truck Accidents
Truck accidents are common today in California, but the reality is that they are oftentimes completely avoidable. In most cases, there is at least some degree of negligence committed by one, if not both, of the drivers involved that ultimately causes the crash. Having insight into how many of today’s truck accidents occur can help you be more aware when you are behind the wheel and potentially avoid a serious collision while you are out on the road.
Some of the most common causes of truck accidents in California include:
- Speeding: It may seem obvious, but speeding remains one of the top causes of truck crashes in California and throughout the country, especially while driving on the highway. In general, the greater the speed at which the vehicle is traveling, the greater the chances for a serious accident to occur. Greater speeds substantially reduce the drivers’ reaction time necessary to avoid any potential collisions with other vehicles on the road.
- Distracted Driving: Whether you’re adjusting your GPS or music player in your truck, texting or using your cellphone, eating, or simply caught up in conversation with a passenger, cases of distracted driving have steadily increased in California over the years and are one of the leading causes of truck accidents across the United States. It only takes a brief moment of diverting your attention from the road to cause a major accident.
- Driving Under the Influence: Also known as Impaired Driving, operating a vehicle while under the influence of drugs or alcohol has severe legal consequences and significantly impacts the drivers’ overall situational awareness, ability to react in time, and make sound judgments while out on the road.
- Reckless Driving: There are several different behaviors that can be classified as reckless driving. Disregarding the state’s driving laws, ignoring traffic signals and signs, tailgating, speeding, and general aggressive or careless driving behaviors can all be defined as forms of reckless driving.
Another cause of many truck accidents that should not be ignored is driving drowsy. Oftentimes, truck drivers who have been driving for many consecutive hours or have not had enough sleep the night before can drive drowsy or even fall asleep behind the wheel. This can obviously cause significant risks to both yourself and the other drivers around you, so please be sure to get enough sleep, be well-rested, and stay alert at all times when operating your vehicle.
Unfortunately, regardless of your knowledge of the common causes of truck accidents and your overall awareness while operating a vehicle, the negligent acts of other drivers on the road are beyond your control. That makes it even more necessary for you to remain as alert as possible at all times while behind the wheel. Staying alert at all times, exercising caution, and obeying the laws of the road can help you avoid any potential catastrophic collisions.
What Does a Truck Accident Attorney Do?
It is relatively common for truck accident victims to feel like they have a clear-cut case, and the at-fault party responsible for the crash is relatively straightforward. However, the majority of accident victims don’t quite understand the various legal complexities of personal injury cases in Menifee and how the responsible party can combat their claims in order to avoid liability for the corresponding damages.
Because of this, it is somewhat commonplace for a plaintiff proceeding without legal representation to be taken advantage of by the defendant’s legal team or that of the insurance provider looking to minimize their liability and financial responsibility. An experienced personal injury lawyer in Menifee will have first-hand knowledge of the various legal procedures that take place during accident claims, in addition to being able to help you formulate a legally sound plan of action against the defense.
Here are some of the general responsibilities that a personal injury lawyer takes over in a truck accident case:
- Conducting a Thorough Investigation: The attorney can work to recover any and all available evidence from the accident, conduct research, and obtain detailed testimonies from available witnesses of the event.
- Determining Liability: Through their in-depth investigation and intimate knowledge of the state’s personal injury laws, the attorney can confidently determine who was truly at fault in order to proceed with seeking the necessary compensation for damages.
- Constructing a Strategy: The attorney can put together a comprehensive legal strategy for litigation against the opposition based on legal precedents set by other similar personal injury cases, their recovered evidence, and other relevant legal factors, especially if the claim is taken to trial.
- Leading Negotiations: The opposing legal team and the defendant’s insurance company will almost certainly combat the plaintiff’s claims for financial compensation. Having an experienced attorney present to negotiate aggressively can have a sizable impact on the outcome of your case.
Having a trusted truck accident attorney at your side can help ensure not only that your constitutional rights are being upheld throughout the length of your accident case but also that justice is delivered and you receive a fair amount of financial compensation for your injuries and any other non-physical damages that you are rightfully entitled to.
A reputable car crash lawyer who has direct experience handling truck accident cases can be the most likely chance you have at securing the maximum level of financial compensation that you deserve and obtaining the most favorable outcome possible so that you are able to shift your focus back on your recovery, where it belongs.
Proving Liability in Truck Accident Cases
Knowing the cause of any given car crash is one thing, but being able to prove liability in a court of law is an entirely different task. Since damages resulting from a truck accident are categorized as a type of personal injury claim, it is important that your representation strictly adheres to the legal process established for personal injury cases.
Proving liability or who is legally at fault is quite often the most difficult part of any given personal injury case, mostly because there are multiple layers of evidence that need to be shown in order to legally prove negligence on the part of the opposing party involved. The burden of proof lies on the plaintiff or their attorney in order to prove that negligence was committed by the actions or inactions of the defendant.
As you can probably imagine, timing is absolutely critical in these cases, and there are generally three different elements within a given personal injury case that must be demonstrated in order to adequately prove fault in a truck accident claim.
The three elements that the plaintiff must demonstrate to prove liability in California are:
- Duty of Care: This refers to the responsibility or duty to exercise caution and be considerate of the potential risks to those around them associated with their actions or inactions while operating a vehicle.
- Breach of Duty: Once the defendant’s corresponding duty of care has been adequately established, the plaintiff must then show that there was a breach of that duty. This means that the defendant did not reasonably exercise caution to the extent that a careful driver would have under similar circumstances. In most cases, this would mean that the driver committed some sort of negligence, such as driving impaired, recklessly, distracted driving, or failing to obey the state’s traffic laws.
- Causation: Lastly, the plaintiff must demonstrate that the truck accident and corresponding injuries sustained were caused directly by the breach of duty that was committed by the driver (defendant). In most cases, the defendant (or their attorney) will argue that the plaintiff contributed to the accident by committing some form of negligence that could have been avoided, thus sharing some degree of responsibility for the damages.
Since the burden of proof rests on the plaintiff, they must be able to show a direct correlation between the damages of the accident and the breach of duty committed by the defendant.
In the immediate aftermath of a truck accident, it is common for the victims to think that the party responsible for the accident is pretty straightforward, especially if they were not at fault and consider themselves to be innocent. However, the defendant and their insurance provider will not likely admit to fault or hand over a fair settlement without a fight.
This is why it is essential to the overall success of your case that you have trustworthy legal representation with direct experience fighting back against the insurance companies. This experience enables them to help make sure that you are not taken advantage of during the legal proceedings and are able to recover the full extent of financial compensation that you deserve for your injuries.
How Long Do Truck Accident Cases Take?
As is the case with any type of legal claim, there is a litany of variables that ultimately factor into determining just how long your truck accident case can take. Because each auto accident and each victim’s corresponding injury is unique in regard to the severity and overall circumstances involved, each case is going to vary in the exact settlement amount and total length of time that it takes to reach an agreement.
One of the more obvious factors that play into the length of a truck accident case is whether or not it ends up going to trial. For claims that receive minimal resistance from the defendant’s legal representation or that of their insurance provider, a settlement can be reached in as little as 90 days, which, of course, is an ideal outcome for all parties involved but not something to count on.
That being said, the insurance company and defendant are more than likely to fight back, at least to some extent. Whether that’s with the goal of minimizing the total settlement amount or even attempting to claim that the plaintiff shares liability for the damages that occurred, the opposition rarely accepts defeat without pushing back.
Before you even get started with your claim, it’s vital to understand the statute of limitations for truck accident claims in California. Since truck accident claims are categorized as a type of personal injury claim, the statute of limitations for filing a claim is two years after the date of the accident under California state law.
This is incredibly important because some other states carry a statute of limitations of up to three years for similar personal injury cases and, aside from a few exceptions, failing to officially submit your personal injury claim from a truck accident within the established statute of limitations will result in your claim being denied by the state’s courts. This is why it is crucial to the success of your case that you contact a California personal injury attorney and file your claim as soon as possible after the accident occurs.
What Is the Average Settlement Amount for Truck Accidents in California?
Of course, the precise amount of any personal injury settlement is going to vary depending on a number of different factors. In some cases, victims receive only a few thousand dollars as compensation for their damages, while there are others who receive multiple millions of dollars in total compensation.
Taking the totality of all different types and sizes of personal injury claims into account, the average settlement amount for personal injury victims is between $21,000 and $26,000, while the average truck accident settlement is approximately $70,000 to $75,000.
Here are some basic ranges of settlement amounts for both car accident and truck accident claims based on moderate severity:
- Car Accident: $20,000-$30,000 on average
- Commercial Truck Accident: $50,000-$150,000 on average
As mentioned, the above pay ranges are based on the average settlement amount for car and commercial truck accidents with a moderate level of severity in terms of the significance of overall damages. However, this does not take into account any non-physical injuries that may have occurred.
Can You Sue for Pain and Suffering in a Truck Accident Case?
In the state of California, a truck accident victim is legally able to sue for emotional distress, which includes pain and suffering, in personal injury claims. According to state law, there is no cap for the total amount of compensation that a victim can claim for pain and suffering, except in the case of medical malpractice claims, for which the victim is able to claim as much as $250,000.
As is the case for physical injuries, the plaintiff in a truck accident case will be required to prove that they have or will suffer long-term emotional repercussions as a direct result of the accident, which can be extremely difficult to do. It should be noted as well that you cannot sue for pain and suffering in workers’ compensation claims, however.
In terms of calculated emotional distress damages, there are two methods that are typically used in personal injury cases:
- The Per Diem Method: This particular method assigns a specific daily rate or dollar amount to every day that the accident victim experiences emotional distress (pain and suffering), then multiplies that daily rate by the number of days that the victim expects to continue suffering.
- The Multiplier Method: This method adds up all of the accident-related financial costs (medical bills, lost wages, etc.) and then multiplies that total number by a designated multiplier that can range anywhere from 1.5x to 5x, depending on the overall severity of the injuries obtained from the accident.
Quantifying pain and suffering is much more difficult than physical injuries, property damages, and lost wages, so it is highly recommended that you consult with a personal injury lawyer who has prior experience handling auto accident cases involving emotional distress settlements.
How Much Do Accident Attorneys Charge in California?
As with any personal injury case, there are many different elements that play a factor in determining the exact amount that an attorney charges for their legal services. The attorney’s seniority and total years of legal experience, their law firm’s track record of success in similar cases within your state, and the overall time spent dedicated to working on the case all play major factors in determining the total amount of what they may charge for each unique case.
For the majority of cases, the attorney and client will agree upon a contingency fee or a specific percentage of the total settlement amount as the attorney’s fee rather than an hourly rate. This means that the client only pays the attorney if they win their case and actually receive financial compensation.
It is common practice for most personal injury lawyers to take anywhere between 30%-40% as a contingency fee, but the exact percentage will typically be agreed upon at the onset of the case during the initial consultation before the attorney begins working for their client. The percentage may also vary depending on whether the case is settled outside of court or if it is taken to trial, so it’s important to discuss all of these factors during your initial consultation with your personal injury lawyer.
Seeking Trustworthy Legal Representation
Nobody anticipates becoming a victim of a serious car or truck accident, but the unfortunate reality is that these incidents happen on a daily basis throughout the great state of California. Particularly in cases involving commercial trucks, the injuries and additional damages can be traumatic for the victim.
Tackling a potential legal battle in the wake of an accident can be even more stressful due to what’s at stake with your physical injuries, emotional trauma, medical expenses, and future livelihood if you cannot return to work right away. However, you do not have to fight this battle alone.
Kampf, Schiavone & Associates have a reputation for success and the receipts to prove it. Our firm has helped thousands of innocent personal injury victims recover over $250 million in total compensation. Our attorneys have decades of experience handling all types of personal injury cases in the state of California, including car accidents, truck accidents, workers’ compensation, medical malpractice, and wrongful death.
We would be honored to represent you or your loved one in their personal injury case. Our goal is to provide you with dedicated and compassionate representation every step of the way as you navigate the aftermath of your accident, in addition to securing the full level of compensation that you are entitled to. That way, you can focus your mind back on your recovery.
Give us a call today to schedule an initial consultation with one of our lawyers.