Camarillo Truck Accident Lawyer
The tiny town of Camarillo gets a steady flow of trucks to and from L.A., mainly along the 101; but people also live here, so they have to exercise caution as they roll through. But on your way home from a weekend at the beach with your family last week, you were driven off the road by a trucker who failed to use their blinkers or even check their mirrors before merging. You’re always careful around trucks. After all, your car is no match for a 40,000-pound eighteen-wheeler.
It all happened so fast, too fast for you to adequately respond and avoid an accident. As you swerved out of the truck’s way, avoiding an even worse accident, you skidded off the shoulder and into an embankment. The car rolled a couple of times, causing you and your family to suffer a variety of minor to serious injuries. Your car, of course, is totaled.
Now you’re at home, resting and unable to move around much. You have in-home care for you and your family and an expensive bill for ambulance care, not to mention lost wages from not being to work. You need compensation from the at-fault party. The following article covers the basics of truck accidents, including how liability is determined and the benefits of working with a Camarillo truck accident lawyer at Walch Law. We are a family firm and we treat all our clients like family which means you get immediate personalized attention throughout the duration of your case. Schedule your initial consultation today to learn more about how we can maximize your settlement following a major truck accident.Who’s at Fault for Your Camarillo Truck Accident Injuries?
Fortunately the driver realized what happened and turned around to check on you. He was driving carelessly, although he disputes this, the monitor his employer uses confirms that he was speeding and witnesses stated that he in fact cut you off. This kind of information is vital for determining fault and just one reason you should consider working with legal counsel. Knowing the type of truck driver also will help you determine how to file your claim.
There are three main types of commercial truck drivers:
- Owner-operators (they own their trucks and work as independent contractors or lease their truck from a trucking company)
- Company drivers (they’re employees of a trucking company, which owns the truck)
- Fully independent owner-operators (these are drivers who own their trucks and haul their own loads)
If they own their truck and work independently (which is less common), then the driver may be the only defendant. But in most cases, the driver works for a trucking company or as an independent contractor. In any event, your Camarillo truck accident lawyer at Walch Law will be able to help you sort it all out.Camarillo Truck Accidents: Establishing Negligence
Whether it’s a passenger car or a commercial big rig, most traffic accidents involve at least one negligent party. To be negligent is to owe another party a duty of care, or a legal responsibility to follow traffic laws and otherwise drive in a manner consistent with that of a reasonable person. Truck drivers owe other motorists a much higher duty of care due to the stark differences in weight and velocity and how this creates the potential for fatal accidents. For instance, the blood alcohol concentration (BAC) for truck drivers is much lower than the BAC limit for private motorists.
Most accident claims are settled out of court but you’ll still have to show the existence of the following elements in order to prove the other party’s negligence:
- The defendant (at-fault party) owed a duty of to the plaintiff (injured party)
- The defendant breached that duty
- The plaintiff’s injuries were in fact caused by this breach
- The defendant’s actions were the proximate cause of the injury(ies), meaning the injuries would not have occurred if not for the defendant’s negligence
- The plaintiff has suffered actual damages (legally recognized injuries), such as bodily injury
Liability may extend to the trucking company (if the truck driver is an employee), a truck leasing company (if a mechanical error caused the accident, for example), or other parties. For example, the trucking company may have demanded a certain timeline that required the truck driver to exceed the speed limit or drive without the opportunity to get adequate sleep. This is where it can get complicated and why you’ll want to work with a Camarillo truck accident lawyer.Truck Accident Injuries: Claims for Damages
How much is your truck accident case worth? Your attorney will help you tabulate your damages, which are monetary claims related to the losses you’ve endured as a result of the defendant’s negligence (or liability in general). Medical expenses and lost wages are common, but you also may claim damages for the following, depending on the facts of your case:
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Commercial truck accidents often result in serious injuries or even death, given the dangers they present. If a truck driver failed to exercise proper care, leading to an accident and your injuries, you owe it to yourself to seek compensation. Contact the seasoned pros at the Law Offices of Gary K. Walch, a Law Corporation today. We take all our cases on a contingency fee basis meaning you don’t pay us a thing until we get you paid—get in touch with us now to learn why we are some of the best in the business.