Commercial trucks must be loaded carefully to prevent accidents. When 18-wheelers transport excessively large loads, serious accidents and injuries can occur. If you’ve been injured in such a collision caused by an overloaded tractor-trailer, a truck accident attorney can help you hold the at-fault party responsible for your medical bills and other expenses.
The team at Triumph Law has over 20 years of experience helping injury victims recover from a variety of different truck collisions. If you decide to work with a California personal injury lawyer from our firm, you can be confident that they have the knowledge required to secure maximum compensation on your behalf.
How an Overloaded Truck Can Cause a Serious Crash
California places weight limitations on vehicles to prevent serious collisions. When trucking companies and drivers fail to abide by the state’s requirements, a number of different accidents can occur. An overloaded truck can lead to any of the following dangerous scenarios:
- Increased speed when driving down a hill
- Increase chances of a rollover
- Road collapse
- A tire blowout caused by excessive pressure
- Truck driver unable to slow down in time
If you’ve been injured in a truck accident caused by one of the scenarios listed above, a California overloaded truck accident attorney can investigate the incident to determine if it was caused by failure to abide by state-imposed weight limits.
Investigating an Overloaded Truck Accident
An overloaded truck accident lawyer from California can use several forms of evidence to prove that the at-fault party should be held responsible for your injuries. One of the most helpful sources of evidence may be the truck’s “black box,” or electronic logging device (E.L.D).
The truck’s E.L.D can provide information about the truck during the time of the collision, such as:
- Truck speed
- If the driver applied the brakes or made a sudden stop
- Tire pressure
- Tire and steering wheel position
- Truck’s overall mechanical condition
Your truck accident attorney can work with an accident reconstructionist to gain insight into your collision using the E.L.D. information listed above. Once your lawyer has the proof necessary to file a claim, they’ll just need to identify the party liable party.
Most likely, the cargo loaders will be held responsible for an overloaded truck accident, but the trucking company and the truck driver may also be partially at-fault. Your attorney will determine who you should act against and file a claim with their insurance provider.
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Filing an Insurance Claim After a Truck Crash
Unfortunately, securing a fair insurance settlement often requires more work than simply submitting a claim with the at-fault party’s provider. Your lawyer will likely have to negotiate with insurance adjusters to reach an offer that works for you.
The negotiation process may take some time to complete, but you can trust that our overloaded truck accident lawyers from California have what it takes to reach a favorable agreement. During the claims process, you must let your attorney do the negotiating and handle any communication with the insurer.
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Let Your Attorney Deal With the Insurance Company
The insurance carrier may contact you for a statement or to offer a settlement. If that happens, tell them that they can speak with your attorney. Your lawyer can review offers to determine if they’re high enough and make sure nothing is said that could be used against your case.
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What to Do if Negotiations Don’t Go As Planned
If the insurer rejects your claim or won’t raise a low offer, you can still file a personal injury lawsuit against the at-fault party. If a lawsuit becomes necessary, an overloaded truck accident lawyer from our location in California can represent your best interests in court.
They’ll present the evidence gathered during the investigation and may even call witnesses to testify on your behalf. If all goes well, you’ll likely receive a jury award that covers all of the medical bills and additional expenses you’ve incurred.
Damages You Might Receive From a Claim or Lawsuit
If your claim or lawsuit is successful, you could receive various damages geared toward helping you move past the accident. Your overloaded truck accident attorney will demand that you’re awarded all the damages you’re owed, including:
- Medical expenses
- Cost of surgery and long-term treatment for catastrophic injuries
- Vehicle repair costs
- Cost to replace the property that was damaged in the crash
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
While these damages can be used to pay for many different accident-related costs, you might not receive them for weeks or even months after the crash. To help you pay for pressing expenses, a California truck accident attorney can connect you with a third-party lender. A lender can help you cover certain bills until you receive compensation from your case.
Hire a Truck Accident Lawyer ASAP to Meet the Filing Deadline
If you’ve never taken legal action before, you might not be familiar with California’s statute of limitations for personal injury lawsuits. The statute of limitations is a time limit that you must adhere to when filing your suit. If you submit a suit past the filing deadline, you could be denied the compensation you need to move forward.
California Code of Civil Procedure § 335.1 gives you two years before the date of the truck wreck to submit a lawsuit. Our overloaded truck accident attorneys can help you file your suit on time. If you’ve put off hiring an attorney and believe that your filing due date has passed, contact us anyway to find out if you have any other legal options.
Reach Out to an Experience Truck Accident Lawyer Today
A California overloaded truck accident lawyer from our firm can give you the triumph you need to afford medical treatment and manage other negative impacts from the collision. Contact the team at Triumph Law today to schedule a free consultation and learn more about what we can do to obtain an impressive settlement or court verdict on your behalf.
If an attorney agrees to take on your case, they’ll represent you on a contingency fee basis. That means you won’t have to pay a traditional legal fee for their services. Instead, they’ll take a predetermined portion of the compensation you receive from your case. If they lose your case, you don’t pay!
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