Encino Truck Accident Lawyer
Plenty of trucking traffic moves through your hometown of Encino, which is flanked by the 101 and the 405. They also make their way into residential and commercial areas from time to time, such as when they make deliveries to grocery stores, restaurants, retail stores, and other locations. This can get dangerous. You were just parking your car in the lot behind your local Encino Gelsons right off Ventura Blvd when a delivery truck backed away from the loading dock without looking at their rearview mirror. No time to exit your car, you braced for impact as the truck smashed your little VW like a tin can.
You’re amazed you didn’t suffer any broken bones or cuts, but you most certainly injured your neck and now you’re worried about spinal damage as your left arm has gone numb. You understand these big rigs aren’t easy to maneuver, but this was a professional driver and you were following traffic rules. Who’s going to pay for this?
Commercial truck accidents are rarely simple to figure out, which is why you’ll want to call a top Encino truck accident lawyer at Walch Law before you file a claim for damages (which are the monetary claims associated with your injuries). We’ll discuss the basics of commercial truck accidents, including how liability is established and the types of damages you may claim.Who’s Responsible? Determining Fault for an Encino Truck Accident
The driver who backed into you surely should have been paying better attention to their surroundings. She backed into your considerably smaller vehicle without even looking. But she also was driving a delivery truck for the bread company that was delivering goods to the store. Was she working for the bread company, the grocery store, or some other entity? You’ll want to know, since there likely will be multiple defendants liable for your injuries.
There are three main types of commercial truck drivers; your claim may differ by the type of driver who’s at fault:
- 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; for instance, a private moving company may fit into this category)
If this all seems complicated, then remember that you’re not alone and that’s why it will take the assistance of a skilled Encino truck accident lawyer to properly assess your claim. The good thing about multiple defendants is that they can pay for your injuries and more.Negligence and Your Encino Truck Accident
The vast majority of automobile injury claims are chalked up to negligence, which means a party (or parties) failed to follow traffic rules, drive defensively, or properly respond to a given situation in a way that caused an accident. Given the size and weight of commercial trucks, not to mention the nature of the job, truck drivers have quite a high duty of care (legal responsibility to do or abstain from something that may cause injury) to other motorists.
Other potential defendants in a truck accident claim are similarly held to a high standard. In order to prove negligence, the plaintiff (injured party) must prove the following elements:
- The defendant (at-fault party) owed a duty of to the plaintiff
- 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
The law is complex, which is why obtaining a law degree and passing the bar exam is no easy feat. Working with an Encino truck accident lawyer when making a claim for injuries will help ensure a better outcome and get you the most money for your truck accident injuries.Claiming Damages for an Encino Truck Accident- How Much is Your Case Worth?
The term damages refers to monetary claims for the losses you’ve incurred as a result of the other party’s negligence, recklessness, intentional act, or strict liability. In addition to damages for your medical care and lost wages, you also may claim the following (depending on the specifics of your case):
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
When you’re seriously injured and concerned about the future, you shouldn’t also have to worry about how you’ll pay your bills and keep the lights on. Life is hard enough as it is. If you’ve been injured in a commercial trucking accident in Encino, then consider calling the skilled legal experts at the Law Offices of Gary K. Walch, a Law Corporation today. We have over 40 years of experience successfully helping the Encino community get the most for the personal injury accidents and will work hard for you. We are local, trustworthy and highly successfully team of attorneys- get in touch with us today to learn more.