Every year, hundreds of thousands of innocent people across the country are killed in traffic accidents involving large trucks, such as 18-wheelers and semi trailers. Large commercial vehicles cause some of the most devastating accidents resulting in serious personal injuries and even death. Trucking accidents are more complicated than standard, non-commercial passenger vehicle accidents. When you have been injured in a truck accident, you will often be dealing with commercial trucking companies and complex insurance policies, not to mention devastating injuries or death. An experienced Truck Accident Lawyer Los Angeles will be able to analyze your case, gather supporting evidence, and represent your case to ensure that you are fairly compensated for your injuries and other losses. You could be entitled to several forms of economic and non-economic damages, such as for medical expenses related to your injuries, property damage, current and future lost income, pain and emotional suffering, or even punitive damages. Choose a truck accident lawyer that you can trust. With over 25 years of combined experience, with Prosmushkin & Davis P.C. on your side, you can be sure that your case will be handled with professionalism and expertise.
Information if For Victims of Truck Accidents
Large commercial vehicles, such as 18-wheelers and semis, cause some of the most devastating accidents resulting in personal injuries and even death every day across the nation. California is no stranger to devastating trucking accidents. According to the National Highway Traffic Safety Association, there were 7,206 total large truck accidents in calendar year 2020. Of these, 228 were fatal while 2,727 resulted in injury.
Trucking companies and drivers are regulated by strict safety regulations. Despite that fact, each year, innocent people are killed in traffic accidents involving trucks. You are entitled to recover the costs of another’s negligence. Los Angeles Truck Accident Attorney, Prosmushkin & Davis P.C., can represent you in your legal action to recover monetary compensation for medical expenses, current and future lost wages, and pain and emotional suffering. Truck drivers must be held accountable for negligent driving that causes injuries or the death of a loved one.
If you or a loved one has been injured in a truck-related accident, you should consult a personal injury attorney who specializes in trucking accidents. Trucking accidents are more complicated than standard, non-commercial passenger vehicle accidents. When you have been injured in a truck accident, you will often be dealing with commercial trucking companies and complex insurance policies. An experienced Truck Accident Lawyer Los Angeles will be able to analyze your case, gather supporting evidence, and represent you during negotiations to ensure that you are fairly compensated for your injuries and other losses. They will also be prepared to litigate if negotiations fail to achieve the appropriate outcome.
If you have been injured in a truck accident, an attorney at Prosmushkin and Davis, P.C., may be able to help you obtain the following types of damages:
- Economic Damages: This is money awarded by a court to a person for the particular quantifiable economic losses, detriments, or injuries suffered as a result of the negligent conduct of another. These types of damages include medical expenses for treatment of accident-related injuries, property damage, current and future lost wages.
A property loss claim can refer to the loss, damage, or destruction of an individual’s property anywhere and by any means. Resultant compensation is equal to either the retail value of the lost property, or the replacement/repair cost (within reason).
- Non-Economic Damages: These are intended to compensate for non-tangible, psychological harms that are more difficult to quantify, but were nonetheless caused by the accident. These types of damages compensate for harms such as pain and emotional suffering, mental anguish, loss of sexual function or other physical disfigurement.
A claim for loss of consortium is a claim brought by the spouse of an injured or deceased spouse for lost services or support that the injured party is no longer able to provide due their personal injury. A loss of consortium claim is ancillary to the primary claim of negligence and is asserted as an additional claim.
A claim of emotional distress refers to notable psychological suffering. The validity of this suffering is not contingent upon professional treatment or intervention.
Punitive Damages: The purpose of punitive damages is to punish a defendant (e.g. party you bring a claim against) for conduct that caused the accident and resulting injury, as well as to discourage future conduct of the same nature. You may award punitive damages if there is clear and convincing evidence that the defendant engaged in conduct with malice, oppression, or fraud. Whether the legal standard has been met and what evidence supports a finding of malice, oppression or fraud, as well as how those standards are defined, are one of the many complicating factors that make personal injury cases like truck accidents so challenging to litigate. That is why it helps to be represented by Truck Accident Lawyer Los Angeles.
THE WAYS IN WHICH TRUCK ACCIDENTS DIFFER FROM REGULAR CAR ACCIDENTS
Truck accidents differ markedly from ordinary car accidents. These cases tend to be more complicated because they involve laws specific to the trucking industry, entail complex commercial trucking insurance policies, include increased likelihood of severe long-term injuries or fatalities, and may require special investigative or expert research and reports.
- Industry-specific legislation: Trucks and trucking companies are beholden to a number of regulations put forward by the Federal Motor Carrier Safety Association. These regulations are intended to improve safety, and truck drivers are always required to follow them. A trucker may be held liable if the accident occurred for failure to comply with these regulations.
- Commercial insurance policies: Compared to regular car insurance policies, commercial trucking insurance tends to be more comprehensive because they must protect not only the driver and the truck, but the cargo that is being transported. These commercial insurance companies also tend to have large teams of sophisticated legal professionals at their disposal who will do anything to minimize the compensation to which you are entitled.
- Specialized Accident Investigation Forms: Trucking accidents require large volumes of evidence and documentation. Moreover, the types of forms that the court requires and the process for collecting and sharing this evidence may differ from those of a standard passenger vehicle or car accident case.
If you or a loved one has sustained serious injuries due to a large commercial truck driving accident, such as one caused by a semi-trailer or 18-wheeler, you need an attorney who is experienced and adept at dealing with these complex types of cases. Choose a Semi truck accident lawyer that you can trust. With over 25 years of combined experience on our side, you can be sure that your case will be handled professionally and expertly.
Common Causes of Large Truck Accidents
Driver error is the number one contributing factor in nearly all fatal crashes involving large trucks. A significant number of truck drivers and more than half of passenger vehicle drivers involved in fatal truck crashes were caused by driver related factors, such as speeding, distraction or failure to watch the road, fatigue, alcohol and substance abuse, illness, or plain old careless driving. A significant percent of large trucks involved in fatal crashes had vehicle-related problems, such as faulty brakes, tire issues, and other mechanical deficiencies that could be resolved with regular maintenance.
Truck Driver Fatigue
Fatigue is a common and deadly problem within the commercial trucking industry. Truck drivers spend long hours on the road and often fail to get enough quality sleep to maintain proper awareness of the road. Many truck drivers limit themselves to only short naps in order to remain on or ahead of schedule. Often, these folks actually need extended sleep to restore their bodies and minds to optimum and safely functioning levels.
While Truck Accident Lawyer Los Angeles, Promushkin & Davis, P.C., understand the extreme demands many of these truck drivers are under, that should not allow them to escape liability for harm caused to others for failure to exercise appropriate care on the roads, including getting sufficient rest to safely operate a large semi or 18-wheeler.
PROVING YOUR TRUCK ACCIDENT CASE
In order to obtain compensation for damages you incurred as a result of a trucking accident, it may be necessary to pursue one or two theories of liability.
Negligence: Under this theory of liability, the injured party must satisfy four elements in order to bring a successful trucking accident claim. These elements are duty, breach, causation, and damages.
- Duty: You must show that the Defendant owed you a duty of reasonable care. The fact that a truck is driving on the road is usually enough to establish that the truck driver owed you this duty of reasonable care. Other regulations specific to the trucking industry may also impose such a duty or a similar duty as well.
- Breach: It must be proven that the Defendant breached their duty of care by not driving in a reasonably safe manner. This standard is generally a question of fact and is typically left to the jury to decide.
- Causation: This element actually involves two subparts: actual and proximate causation. For actual causation you must show that if not for the Defendant’s negligent conduct you would not have been injured. With respect to proximate causation, you must show that the events that caused the accident are sufficiently related to the injuries.
- Damages: Finally, the injured party must show that they sustained damages as a result of the tortfeasor’s negligence. Tortfeasor is a fancy legal word for “person who committed the harm or injury.” This may include, among other things, economic damages, punitive damages, damages for emotional distress, and damages stemming from loss of consortium. The amount and type of damages to which an injured party may be entitled varies on a case by case basis.
Strict Liability: Alternatively, a truck driver, or the company for whom the driver was working at the time of the accident, may be held accountable via a theory of strict liability. Under California law, designers, manufacturers, and/or dealers of consumer products, including large commercial trucks, may be held strictly liable if the product was found to be defective. An example in this context would be if a defective truck part or defective assembly contributed to a truck accident. To show strict liability, the plaintiff must prove the following elements:
- A product was sold in an “unreasonably dangerous” condition,
- The unreasonably dangerous condition existed at the time the product left the defendant’s control, and
- The dangerous condition was the proximate cause of the plaintiff’s injuries.
Manufacturers, designers and dealers may be held strictly liable for a defective product in a number of different circumstances. Here are some examples:
- Defective brakes
- Defective tires
- Defective engine
- Defective transmission
- Defective accelerator pads
A fully loaded semi can weigh up to 80,000 pounds, or 40 tons. A standard passenger car, on the other hand, might weigh about five percent of that, or around 4,0000 pounds. The laws of physics dictate that trucks that weigh that much and are traveling at a high rate of speed simply can not slow down or stop as quickly as cars. A truck will hit a car at higher velocity and with greater impact, leaving the car occupants with devastating and often fatal injuries.
Passenger cars are also much smaller and lower to the ground than trucks. An underride accident is one where a passenger vehicle slides under a semi-trailer, causing catastrophe even at slower speeds. There have been cases like this were vehicle occupants wound up crushed, trapped, or decapitated. Those who survive sometimes have severe head or neck injuries and most all will suffer from some amount of mental distress or post traumatic stress disorder (PTSD). An experienced Los Angeles Truck Accident Attorney, like those at Prosmushkin & Davis, P.C., have decades of experience dealing with many horrific personal injury cases like this.
CALL AN EXPERIENCED AND PROFESSIONAL TRUCK ACCIDENT LAWYER IN LOS ANGELES TODAY
With so many complex moving parts, it can be easy to lose sight of what is important in a truck accident case. A seasoned and professional Semi truck accident lawyer can help you navigate the difficult legal process so that you are able to focus on getting better. You will be updated regularly on your case so that you remain well informed at every stage of the process. From start to finish, we are there for youIf you or your loved one have been harmed in a truck accident, contact Prosmushkin and Davis, P.C., for a free consultation. For dependable and expert legal counsel you can rely on, choose the truck accident lawyers Los Angeles trusts.
You will be hard pressed to find a firm that shares the kind of dedication we have to our clients and their cases. We support our clients with enthusiasm and always strive to provide them with the sort of uncompromising attention to detail that other law firms are uninterested or are unable to provide. We will pour over every detail of your case and explore every potential legal remedy to ensure that you receive maximum compensation for your injuries, personal suffering, property loss, and other damages.