Anaheim Truck Accident Lawyer 

Collisions with commercial trucks rarely end well for the people in the smaller, personal vehicles. Even smaller commercial trucks dwarf people’s cars and weigh multiple tons. These accidents will almost always total a person’s car and may lead to life-changing injuries.

Anaheim truck accident lawyers understand the laws concerning tractor accidents as well as the significant effects that these accidents have on people’s lives.

Your distinguished personal injury attorney can fight by your side to hold the trucking company responsible for the negligent acts of their drivers. By gathering the evidence in the case, and negotiating from a position of strength, your lawyer can work towards getting you the compensation that you deserve.

California Truck Accident Laws

Most collisions between commercial trucks and passenger cars are the result of a driver’s carelessness. While there are absolutely examples where a trucker intentionally rams another vehicle, the fact of the matter is that most accidents are exactly that: accidental.

Because of this, an injured person cannot claim that the trucker intended to hurt them. Instead, they must argue that the trucker’s actions that led to the collision fell below an acceptable standard of care. This is known as the tort of negligence.

Can a Plaintiff Sue the Trucking Company?

The plaintiff may argue that the trucking company was negligent in hiring the driver. An Anaheim truck accident lawyer can examine all aspects of the case to ensure that all proper parties are named as defendants.

Filing a Claim Based on Negligence

A successful negligence claim has five parts or potions, that must be proven by the plaintiff. These are:

  • Duty- The law sometimes requires people to care for the well-being of others. In any case involving a truck accident, all truckers have a duty to care for other drivers, pedestrians, and passengers. For this reason, duty will never be contested in a negligence lawsuit
  • Breach- When a person carrying a duty to care takes an action that causes a protected person to be hurt, the duty is said to be in breach. This can be accomplished by taking an action, like speeding, or failing to act, such as ignoring a stop sign. The element of breach is the most often contested element in these cases
  • Cause- The plaintiff must prove, through medical evidence, that the accident was the cause of their injuries
  • Scope- The injuries must have been foreseeable from the facts of the accident. Since truck accidents can result in severe injury or even death, this is not usually in dispute
  • Damages- All claims must be rooted in a physical injury. Other damages, such as mental anguish or lost wages can be added on, but are insufficient to sustain a claim on their own

Is There a Time Limit to File?

Potential plaintiffs should also be aware of the statute of limitations. This time limit requires that all people file their cases within a certain amount of time for it to be heard in court. CA Code of Civil Procedure 335.1 gives people two years from the date of the accident or one year from date injury is discovered to file a claim. An Anaheim truck accident attorney can help individuals file their claims.

Contacting an Anaheim Tractor Accident Lawyer

Going through the ordeal of a truck accident is never an easy time. People should be focused on their recovery and getting their lives back to normal. Unfortunately, defendants’ insurance companies make this difficult by insisting on mountains of paperwork, signed statements, and constant phone calls.

Let an Anaheim truck accident lawyer deal with the insurance company so that you can get back to your life. An attorney can handle the paperwork, evidence gathering, and negotiations. By negotiating from a position of strength, many cases settle without the need for a trial and for fair amounts. Time is of the essence to file a case so do not delay, contact a lawyer as soon as possible.