A Brief Summary of the Following Page
- Law Firm Commitment: Callahan & Blaine, with a notable record, including a $28 million settlement, is dedicated to advocating for truck accident victims, countering insurance companies, and leveraging their knowledge in complex truck accident claims.
- Identifying Liable Parties: In truck accidents, multiple parties can be liable, including truck drivers, trucking companies, cargo loaders, manufacturers, maintenance companies, other motorists, and government entities, each potentially contributing to the incident.
- Establishing Negligence: Proving negligence is critical, involving establishing a duty of care, demonstrating a breach of this duty, linking the breach to the accident (causation), gathering comprehensive evidence, and showcasing the resultant damages through expert testimonies.
- Maximizing Compensation: Victims can recover various damages, such as medical costs, lost wages, property damage, and compensation for pain, suffering, and reduced quality of life, with the firm’s experience ensuring claims are fully valued against insurance companies’ practices of undervaluing.
- Contact our legal team today at 714-241-4444 or fill out a contact form for a consultation, and let us help you navigate your truck accident claim with the skill and dedication you deserve.
Callahan & Blaine’s experience with truck accidents includes recovering a $28 million settlement against a trucking company and truck maintenance company. Our Orange County truck accident lawyers have the skill to fight trucking companies and their insurance carriers as well as their teams of attorneys and insurance adjusters. As an individual, you simply cannot fight a commercial insurance company and win.
We know how to counteract the defense tactics of the trucking company and insurance company. As part of our investigation, the firm often works with accident reconstruction experts to establish the facts of the accident. Our Orange County truck accident attorneys understand the importance of immediately taking action, visiting the accident scene, and securing the truck so evidence can be preserved.
Additionally, we utilize medical experts and economists to provide specific information about the extent of your injuries and your financial losses. In most cases, insurance companies severely undervalue injury and wrongful death claims, but at Callahan & Blaine, we prepare cases to obtain full and fair compensation for medical bills, lost wages, pain and suffering, and additional related losses.
7 Liable Parties in a Truck Accident Claim
Truck accidents can be complex events with multiple parties potentially at fault. Identifying the liable parties is crucial for seeking compensation in a truck accident claim. Depending on the circumstances of your accident, the following parties may be accountable for damages:
- Truck driver: Often, the truck driver is the first to be considered liable, especially if negligence such as distracted driving, fatigue, or driving under the influence is involved.
- Trucking company: The company that owns the truck or employs the driver may be liable, particularly if they have failed to follow regulations, properly maintain vehicles, or properly train their drivers.
- Cargo loaders: If improper loading or overloading of the cargo contributed to the accident, the parties responsible for cargo loading might be held liable.
- Truck manufacturers: Manufacturers of the truck or its parts can be liable if a mechanical failure caused by a defective product contributed to the accident.
- Maintenance companies: If poor maintenance, such as faulty brakes, is a factor in the accident, the maintenance company may be liable for resulting damages.
- Other motorists: Other motorists involved in the accident could also be liable, especially if their actions and inactions contributed to the occurrence or severity of the accident.
- Government entities: In some cases, poor road conditions or inadequate signage contribute to truck accidents, making government entities responsible for road maintenance potentially liable.
It is important to note that each truck accident case is unique, and multiple parties can be liable for a single incident. A thorough investigation by the truck accident lawyers at Callahan & Blaine is essential to determine all potentially liable parties and to build a strong claim on your behalf.
Proving Negligence in a Truck Accident Claim
Proving negligence is a vital aspect of any truck accident claim, establishing that the accident occurred due to the failure of one or more parties to exercise reasonable care, leading to injury or damage. The following are key steps to prove negligence in a truck accident case:
- Establishing duty of care: Establish that the opposing party owed a reasonable duty of care, which involves demonstrating the truck driver, trucking company, or other related parties had a responsibility to operate safely and in accordance with laws and industry regulations.
- Breach of duty: If duty of care is established, you must show the defendant breached this duty, which could include actions like speeding, distracted driving, failing to maintain the truck, violating Hours of Service regulations, or other forms of negligence.
- Causation: You must demonstrate the breach of duty directly caused the accident, demonstrating a clear link between the defendant’s negligent actions and the incident in question.
- Evidence collection: This includes truck driver logs, maintenance records, trucking company policies, eyewitness testimonies, accident scene photos, police reports, and, if available, data from electronic logging devices (ELDs) or black boxes in trucks.
- Expert testimony: Often, expert testimony is necessary to interpret evidence and establish how the negligence occurred. This could involve accident reconstruction experts, trucking industry experts, or medical professionals to testify about injuries sustained.
- Demonstrating damages: Finally, you must demonstrate that negligence resulted in damages, including physical injuries, property damage, emotional distress, lost wages, and medical expenses.
To prove these elements, seek legal counsel from the experienced Orange County truck accident attorneys at Callahan & Blaine in Orange County to navigate your claim effectively.
Recoverable Compensation in a Truck Accident Claim
Following a truck accident, victims may face significant physical, emotional, and financial challenges. Insurance companies may attempt to deny, diminish, or delay the compensation you deserve. At Callahan & Blaine, we negotiate with adjusters on your behalf so you can seek the full extent of your economic and non-economic damages and focus on your recovery.
We calculate your present and future losses, which may include the following:
- Medical expenses: This includes compensation for all medical costs resulting from the incident, such as emergency room visits, hospitalization, surgery, medication, physical therapy, and any future medical care.
- Lost wages and earning capacity: If injuries affect your ability to make a living, compensation covers lost wages, including future earning capacity if injuries lead to long-term or permanent disability.
- Property damage: The financial losses of repairing or replacing a vehicle or any other personal property damaged in a truck accident.
- Pain and suffering: These damages account for the physical discomfort, pain, and emotional trauma caused by the truck accident. This includes ongoing discomfort, anxiety, stress, and other psychological impacts.
- Loss of quality of life: If the injuries result in a diminished quality of life, such as an inability to engage in previously enjoyed activities, hobbies, or routine tasks, compensation may be available.
- Punitive damages: In cases where the opposing party’s conduct is determined to be especially reckless or malicious, punitive damages may be awarded. These are intended to punish the opposing party and deter similar future conduct.
The types and amounts of economic and non-economic compensation you may recover depend on factors such as the severity of your injuries, the degree of negligence involved, and the impact on the victim’s life. Schedule a consultation with the Orange County truck accident attorneys at Callahan & Blaine to understand your best legal options.
Contact the Orange County Truck Accident Attorneys at Callahan & Blaine Today
If you were involved in a truck accident, it is essential to have a team of experienced Orange County truck accident attorneys on your side. At Callahan & Blaine, we bring our extensive experience, including a notable $28 million settlement against a trucking and truck maintenance company, to every case we handle. Our skilled lawyers are adept at fighting against the tactics of trucking companies, their insurance carriers, and their legal teams.
Too often, victims of truck accidents face insurance companies that undervalue claims. At Callahan & Blaine, we are committed to securing full and fair compensation for our clients. We know the importance of immediate action and are ready to fight for your rights. Contact our legal team today at 714-241-4444 or fill out a contact form for a consultation, and let us help you navigate your truck accident claim with the skill and dedication you deserve.
