Trucking Accidents ATTORNEYS
Nearly 70% of freight in the United States today is handled by large trucks, whether for short distance deliveries within cities, or across multiple states. Unfortunately growing demand, coupled with unsafe practices industrywide, has made truck driving one of the deadliest occupations in the United States. That danger is passed on to the millions of drivers sharing California’s roads with massive tractor trailers every day.
If you or a loved one have been involved in a trucking accident, you may be entitled to compensation. The personal injury attorneys of Penney & Associates have represented trucking accident victims throughout California for over 25 years. We can help you win a fair settlement, and get you on the road to recovery.
YOU CAN AFFORD OUR LEGAL SERVICES
Penney & Associates accepts personal injury cases on a contingency basis, meaning there are no out-of-pocket costs to retain one of our truck accident attorneys. We are paid a percentage of the damages you recover. If you don’t win, we don’t get paid.
A trucking accident can completely total your vehicle, destroy other private property, and leave you with crippling injuries that will affect you for the rest of your life. You may be left unable to work, costing you and your family a source of income, even as medical and insurance bills continue to pile up. We understand how challenging these circumstances can be, and we will accommodate you in order to take as much of the burden off your shoulders as possible.
WHAT ARE THE COMMON CAUSES OF LARGE TRUCK ACCIDENTS?
A deadly combination of trucking industry practices and driver negligence lead to a 9 percent increase in traffic deaths involving large trucks between 2016 and 2017. Some common factors include:
WHO CAN YOU HOLD LIABLE IF YOU ARE INVOLVED IN A TRUCKING ACCIDENT?
Depending on the circumstances, the truck driver, their employer, the truck or equipment manufacturer, and even local governments can be named in a lawsuit. It typically requires proving whether negligence was a factor, if defective parts were involved, or if unsafe company practices or road conditions were a direct influence.
Proving the liability of a driver requires showing that:
However, in instances where the driver is not at fault, and it is determined that safety equipment failures were the direct cause, their employer or those responsible for maintaining the truck will be scrutinized. It is also possible to determine varying levels of liability. A driver may be held liable for 25% of a truck accident, but if the brakes failed before the crash, the company responsible for the truck’s care and maintenance and part manufacturers may be found partially liable.
HOW PENNEY & ASSOCIATES WILL HELP YOU FILE YOUR TRUCK ACCIDENT CLAIM, AND WIN YOUR CASE
In the aftermath of any major accident, it is critical that you get the immediate medical attention you need. But when you are able, you will want to find a personal injury lawyer to discuss whether you have a case.
Penney & Associates offers free consultations for personal injury victims. We will meet with you to help establish the facts surrounding your case, and answer any questions you may have about filing a claim. We’ll help you get the information and paperwork you have organized, and explain what you may still need to gather before you file a claim.
Once you have retained the services of one of our attorneys, we will pull police reports, medical records, truck maintenance records, and collect eyewitness accounts to support your claim. We may even work with independent accident investigators to recreate your accident to better identify who is at fault. Additionally, we will help you deal with insurance claims adjusters who will seek to limit their company’s policy payouts to you or your loved ones.
Many personal injury cases and truck accident claims are often settled out of court. However, if your case does go to trial, Penney & Associates has decades of experience in taking cases before a judge and jury. We have a track record of success, having won thousands of clients hundreds of millions of dollars in damages over the years.
WHY YOU NEED TO ACT QUICKLY TO
FILE A CLAIM AFTER A TRUCK ACCIDENT
In most cases, California’s statute of limitations for personal injury lawsuits requires that a claim be filed within two years of the date of the accident. If you try to file after this time has elapsed, the court will refuse to hear your case, but this can vary. If your car accident resulted in the death of a loved one, the two-year deadline starts on the date of their death, not the accident.
If your trucking accident claim is going to name a city, county, or state government agency, you have less time still. The California Government Code Section 911.2 limits claims to within six months of the date you were injured.
If your accident only resulted in property damage, the statute of limitations is three years.
But the legal obstacles imposed by the passage of time are only one reason why it’s critical to press your case quickly. Memories fade over time. Your recollection of the accident may be limited even today, due to physical or psychological trauma. As the weeks and months pass you will forget more critical details about the accident, which could affect your chances to win fair compensation. This is why we stress to all clients that it is best to begin the process as soon as possible.
WHAT YOU NEED TO TAKE YOUR TRUCK ACCIDENT CLAIM TO COURT
Hold on to medical records – A common tactic employed against personal injury victims is to downplay the seriousness of their injuries, and the costs incurred for treatment. Don’t lose any billing statements from your doctors or the facilities where you received treatment, and keep copies of your medical records and treatment plans related to your injuries. These documents can influence your total reward amount should you win your trial or an out-of-court settlement.
Get banking statements – After an accident, you could be left unable to work for an extended period. You can recover your wages as part of your damage claims, so financial statements that can clearly show how much money you’ve lost due to your injuries will help your case.
Get witness contact information if possible – The chaotic aftermath of a truck accident can make it difficult to talk to witnesses, but if you can get witness contact information, do so. Your own personal account of events is limited to what you saw and experienced, someone else could have information that further corroborates your account and proves the negligence of the truck driver.
Take pictures of the accident – In the aftermath of a trucking accident, if you happen to have a camera on you and are no longer in serious danger, try to take pictures of both your vehicle or property, and the truck itself. You want to do this to preserve the image what the vehicle looked like immediately after the accident. Even cellphone images can be useful.
Avoid speaking with insurance adjusters – Whether they represent your insurance agency or the one covering the trucking company or driver that caused your accident, insurance adjusters are not there to help you with your claims. They are trained to find anything that can be used to limit insurance payouts. Anything you say that could contradict a claim, even in a small way, can limit your compensation. If you are called by an insurance adjuster, refer them to your attorney.
If you or a family member were the victim of a truck accident, contact Penney & Associates today to learn more about how we can help you file a claim, and win back your peace of mind.
The Penney and Associates® firm has offices in Sacramento, Roseville, Santa Clara, Chico, Rocklin and Irvine with satellite offices in Fairfield, Sunnyvale, San Francisco, San Diego and Southern California.