Semi-trucks keep our economy running and perform essential functions across many industries. Thousand Oaks residents benefit from the services these trucks carry out but are also endangered by their widespread presence on the roads. The immense size and weight, the hazardous materials some transport, and the complexity of operating semi-trucks make them especially dangerous to those driving or walking alongside these vehicles.
Reach out to a Thousand Oaks personal injury lawyer from Simmrin Law Group if you have been hurt in a semi-truck accident. A Thousand Oaks semi-truck accident lawyer from our team will provide you with the representation you need to secure compensation for your extensive losses.
How to Fight for Compensation After a Thousand Oaks Semi-Truck Accident
You can only collect compensation for a semi-truck accident if you identify the at-fault party and prove their negligence.
Determining the At-Fault Party
Simmrin Law Group has the resources necessary to conduct a full investigation of your accident to determine the at-fault party. Victims often presume the truck driver is at fault for the accident, and while that presumption may prove true sometimes, you should not rush to judgment. If you file inappropriately, you will not be able to prove negligence and risk losing a settlement.
An investigation will reveal the cause of the accident. Possibilities include:
- Driver fatigue
- Driver error
- Driver intoxication
- Vehicle malfunction
- Unsafe road conditions
- Improperly or overloaded cargo
- Truck inspection or maintenance failures
Depending on the cause, your attorney may file your claim against the driver, truck company, vehicle or part manufacturer, inspectors, or mechanics. Other potential defendants could include the government entities in charge of maintaining roads and traffic signals.
If your claim is against a government entity, different rules for filing and collecting a settlement are in place. Representation from a Thousand Oaks semi-truck accident attorney from our firm is critical for navigating this complicated legal process successfully.
Proving the At-Fault Party’s Negligence
After identifying the at-fault party, your Thousand Oaks semi-truck accident attorney will gather evidence to prove that party’s negligence.
The first step is showing the at-fault party owes you a duty of care, which is a legal obligation to keep you safe, either by taking or avoiding actions. For example, truck drivers, companies, and inspectors must comply with all Federal Motor Carrier Safety Administration (FMCSA) regulations as part of their duty of care to others sharing the roads with truckers.
Once duty is established, your attorney will present evidence to show the at-fault party breached their duty, and that this breach directly led to the accident and the injuries and damages you sustained.
For a free legal consultation with a semi-truck accident lawyer serving Thousand Oaks, call (310) 896-2723
California’s Pure Comparative Fault Laws Can Affect Your Settlement Amount
California follows a pure comparative fault system for injury claims. This means those who cause an accident must compensate the victims injured in that accident. Victims can file a claim even if they hold fault for the accident. However, the compensation they are eligible to receive is lowered in proportion to their percentage of fault.
The insurance adjusters representing the negligent party will attempt to put the blame on you to reduce their payout. If you speak with them, they may twist your words into “admissions” of fault, try to frighten you into accepting a low settlement, or misinterpret the details of the accident to inflate your level of blame.
If insurance companies find a way to assign you 25% of the blame, you will only receive 75% of the total calculated settlement amount. You need a skilled semi-truck accident lawyer in Thousand Oaks to carry out all conversations with the insurance companies, to protect you from accepting too little, being saddled with undeserved blame, and having your compensation lowered.
Thousand Oaks Semi-Truck Accident Lawyer Near Me (310) 896-2723
Potential Thousand Oaks Semi-Truck Accident Settlement Amounts
Most semi-truck accident victims sustain severe injuries. Passenger car occupants are at a major disadvantage when hit by a semi-truck, which weighs 20-30 times more than the average passenger vehicle, according to the Insurance Institute of Highway Safety (IIHS).
Injuries You Can Be Compensated For
Some of the most serious injuries that victims can suffer include traumatic brain injuries (TBIs) that cause temporary or permanent damage to their cognitive abilities and body systems. Spinal cord injuries can leave victims partially or totally paralyzed, or with diminished strength, movement, and sensation in affected parts of the body. Other semi-truck accident injuries include:
- Crushed bones
- Deep lacerations or limb amputations
- Severe burns
- Internal bleeding or organ damage
Clearly, such injuries demand extensive medical care and long-term, maybe even lifelong, rehabilitative measures or treatment. They reduce or destroy victims’ independence, ability to interact with loved ones, may cause drastic changes to physical appearance, and cause catastrophic psychological and financial damage.
Compensation is critical for recovery and a stable financial future. Your semi-truck accident attorney in Thousand Oaks will demand and fight for a settlement to cover all economic and non-economic losses and bring a sense of justice.
To determine your economic losses, those accident-related costs and expenses that affect your finances, your attorney will:
- Tabulate your medical bills and speak with medical experts to understand your prognosis and anticipate future care costs
- Calculate your lost wages, and if you cannot return to work long-term, factor in your lost future wages and job benefits
- Assess the value of the property destroyed or damaged in the accident
- Quantify the amount of all other accident-related expenses
Some damages are extremely costly but do not have a specific dollar amount. These are the non-tangible emotional and psychological losses sustained. Some victims experience:
- Psychological trauma from the accident
- Emotional distress, perhaps feeling despair over their changed abilities and loneliness at not being able to engage in social events or other activities they enjoyed before the accident
- Physical suffering from the pain of their injuries, permanent scarring, or disfigurement
- Decreased enjoyment of life
To collect punitive damages in a Thousand Oaks semi-truck accident claim, you must prove with “clear and convincing” evidence that the defendant engaged in fraud or acted with malice or oppression.
There is no cap set on economic, non-economic, or punitive damages in California semi-truck accident cases. You can trust your experienced semi-truck accident lawyer in Thousand Oaks to consider your losses with great care and demand compensation to recoup those losses, cover your future needs, and hold the negligent party accountable.
Get the Representation You Need to Receive the Settlement You Deserve
After a semi-truck accident, you need to direct all your energy into recovery. To reach the highest level of recovery, you need a substantial settlement, and your Thousand Oaks semi-truck accident lawyer from Simmrin Law Group will put all their energy into securing that settlement. Send a message or call us today to schedule a free consultation with a highly-skilled, compassionate lawyer who will manage every aspect of your case and fight hard to get you the settlement you deserve.