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Copyright © 2023. Bojat Law. All Rights Reserved. Web design & development www.kha-concepts.com
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While there are not as many truck accidents as there are car accidents, since there are not as many trucks as there are cars, truck accidents usually result in more severe and serious injuries than any other vehicle accidents.
While there are not as many truck accidents as there are car accidents, since there are not as many trucks as there are cars, truck accidents usually result in more severe and serious injuries than any other vehicle accidents.
Semi-trucks weigh over 10,000 pounds and some of them up to 80,000 pounds. Compared to an average vehicle, which only weighs 3,000 pounds, the size of the trucks makes truck accidents more dangerous, often resulting in severe injuries, and in the worst case scenario, death. In addition to their size and weight, trucks often carry flammable liquids and/or cargo, which increases the dangerous outcomes when involved in an accident with one of these giants.
On an annual basis, California witnesses approximately 113 fatal truck accidents, leading to nearly 3,000 truck-related injuries within the state. Over the years, an average of 200 to 300 drivers lose their lives due to these truck accidents. Notably, a significant majority of these truck accidents are concentrated within Los Angeles County.
Truck Accident Injury? Let Legal Experts Guide You to Recovery
Have you suffered injuries in a truck accident? We’re here to help you get out of this challenging situation with maximum compensation. Truck accidents can result in severe injuries and substantial losses. You don’t have to face these hardships alone; you can access top-level legal assistance. At Bojat Law Group, we understand that truck accidents can be life-altering. Our primary focus is on you, the injured party. We recognize the complexities of these cases and are committed to fighting for your rights and interests. Your well-being is our utmost priority. By reaching out to an experienced truck accident attorney in Los Angeles, you can benefit in several ways. Our team will tirelessly work to help you secure the compensation you deserve for medical bills, lost income, pain and suffering, and other losses. We’ll also handle the complex legal aspects, allowing you to focus on your recovery.
Don’t face the aftermath of a truck accident on your own. Contact us today for a free consultation and take the first step toward securing your future and receiving the support you need during this challenging time.
Given the dangers posed by truck accidents in Los Angeles, it is important to determine what are some of the main causes of truck accidents. Trucks are more closely regulated by state and federal laws than average passenger cars, because of their size, weight and the dangers they pose if involved in an accident. Such laws were implemented to protect other drivers, the public in general and the truck drivers themselves. In their effort to do so, these laws regulate many aspects of the trucking industry. Such regulations impose a higher standard of care that needs to be exercised by truck drivers, limit the number of hours a driver may be behind a wheel in one day, and specially regulate the maintenance and manufacture of the trucks. However, despite these closely tailored laws from the federal government and individual states, many trucking accidents still occur and cause severe injuries as well as deaths to many people. The most common reasons for truck accidents in Los Angeles are the following:
Speeding – When a truck driver is speeding and causes an accident, he will be held liable for damages suffered as a result of that accident. A truck driver may be speeding if he is driving his truck at speed in excess of the posted speed limit, or if he is driving his truck at a speed that is unreasonable for the road conditions. In other words, a truck driver may be speeding even if he is driving at a speed under the posted speed limit, so long as such a speed is not reasonable taking into account the speed of other vehicles and other surrounding road conditions.
Reckless Driving – A truck driver is driving recklessly if he drives with wanton disregard for the rules of the road. Such wanton disregard may be displayed if the truck driver drives on the wrong side of the road, drives at an excessive speed, drives on the shoulder of the road, drives while intoxicated, or in other similar situations.
Drug or Alcohol Intoxication – When a driver is driving under the influence of drugs and/or alcohol and causes an accident, he will very likely face criminal charges in addition to being placed at fault for the truck accident. Drug or alcohol intoxication may also give rise to punitive damages in personal injury claims.
Fatigue From Driving – As stated above, there are state and federal laws that regulate how many hours any truck driver may drive in one day. In their efforts to earn extra money, truck drivers sometimes exceed the number of hours allowed for one day. This causes truck drivers to become tired and fatigued from driving, which in turn makes them fall asleep and/or unable to respond in time and causes truck accidents.
Inappropriate Maintenance of the Truck – Much like laws and regulations dealing with the number of hours a truck driver may drive in one day, there are strict laws and regulations that deal with appropriate maintenance of the trucks. Thus, the mechanics of a truck, such as tires, axles, pistons, engines, alternators, and other parts of the truck must be closely inspected and brought up to appropriate standards. When they are not, they can cause truck accidents and subsequently serious injuries and deaths.
Lack of Experience of the Driver – As in every profession, individuals with more experience tend to perform better at their jobs than ones with less experience. Truck drivers that have less experience sometimes cause truck accidents when, for example, they miscalculated the amount of time it takes them to slow down their truck and avoid hitting a vehicle in front of them. Other examples may include miscalculations of the space needed by a truck driver to make an appropriate lane change, or the amount of space needed to make a proper turn.
Distraction by Drivers – Like many other drivers, truck drivers may be distracted by a cell phone call or a text message, or another maybe more uncontrollable factor which could result in an accident.
Negligent Hiring of the Driver – When employers seek employees to hire, they usually want the best qualified employee for the job. However, in real life many times the employee’s qualifications are not up to a proper standard, which in the trucking industry can mean that people can get seriously injured and even killed. An example of negligent hiring occurs when an employer, a trucking company, hires a truck driver who has several Driving Under the Influence (DUI) charges, who then causes a truck accident while driving drunk.
Consult Your Trusted Lawyer Before Accepting Any Settlement Offer
Before making any decisions regarding settlement offers, it’s crucial to consult with your trusted truck accident lawyer in Los Angeles. These offers may seem tempting, but they often prioritize the company’s interests, not yours. Remember that your chosen lawyer is on your side before anyone else and will fight aggressively so that your rights and interests are protected. Our commitment to your well-being means that we won’t rush the process. We take the time to thoroughly investigate the accident, gather evidence, consult with experts if necessary, and build a robust case to support your claim. This meticulous approach often results in more favorable settlement offers or successful litigation outcomes. That is why calling Bojat Law Group should be among your first steps after the accident – because we prioritize your interests. Reach out to us for a free consultation – we’re here to ensure you receive the compensation you deserve.
Proving fault in a truck accident case in Los Angeles can be fairly simple or at times very difficult. It is the responsibility of the party bringing the claim to prove that the opposing party caused the accident, or under comparative negligence law, which applies in California, to prove that the opposing party was at least at fault for a portion of the accident.
In order to place the opposing party at fault, truck accident lawyer Los Angeles Sasha Bojat and Bojat Law Group will know exactly what evidence to look for and how to obtain it. In some cases, the Police Department that presented the accident scene may prepare a Traffic Collision Report which will place one of the parties at fault for the accident. In other cases, there will be no Traffic Collision Report and thus the fault will need to be proven by interviewing witnesses, examining the accident scene, the area of impact, the amount of property and personal damage inflicted as well as many other relevant factors.
In addition, Los Angeles Accident Attorneys from Bojat Law Group will look whether the truck driver followed the rules and regulations imposed by the state and federal laws. In those situations, it may seem that the truck driver is not at fault at first glance, even though a quick investigation of the truck driver and/or trucking company by a knowledgeable Los Angeles truck accident attorney would point out the contrary. Such investigation could reveal the following:
These and many other factors can be determinative in obtaining a favorable settlement or verdict in any truck accident case. Thus, it is extremely important to retain an attorney who has knowledge in this field and obtain the highest amount of damages available for you.
As in any other personal injury cases, in order to recover damages the injured party must prove that they were injured as a result of the truck accident. Thus, damages can be economic, non-economic, or even punitive in some circumstances.
Economic damages include monetary losses such as past and future medical expenses, loss of past and future earnings, loss of property, costs of repair or replacement and loss of employment or business opportunities.
Non-Economic Damages in personal injury cases are referred to as “pain, suffering, physical impairment, disfigurement, or other non-pecuniary injury.”
Punitive Damages are awarded to punish the wrongdoer when he/she has done something particularly egregious. The courts will award punitive damages if the plaintiff or injured party proves that the truck driver or the company acted in complete indifference or conscious disregard for the safety of others. For example, if a truck driver drove 20 miles per hour over the speed limit in a school zone and caused the accident, while at the same time the company hired him knowing that his previous driving record was in great violation of the company rules.
Punitive damages may also be awarded in cases where drivers who caused the accident were fatigued; for example, if a truck driver caused an accident as a result of driving in excess of the number of hours allowed by state and federal law in any given day. In a case with similar facts, the court awarded $10,000,000 in punitive damages, basing the award on substantial evidence presented at trial which proved that the truck company did not have adequate process to control hours of service compliance of its truck driver employees.
Thus, in addition to recovering damages that are easily determined such as economic damages, the injured party in a truck accident is also entitled to recover non-economic damages that are listed above, as well as possibly punitive damages. As recovering non-economic damages and punitive damages requires a knowledgeable attorney who understands every step of the process, it is important to retain an experienced truck accident attorney Los Angeles Sasha Bojat from Bojat Law Group who will obtain the most amount of damages available for his clients.
At Bojat Law Group, we understand the complexity of truck accident cases. These incidents can result in life-altering consequences, from severe injuries to significant financial burdens. This is where our dedication to your well-being becomes invaluable. Choosing Bojat Law Group means more than just legal representation; it means having a team of experts who will aggressively fight for your rights and interests. We work diligently to secure the compensation you deserve, which can encompass medical expenses, lost wages, and the peace of mind to move forward.
Our track record speaks for itself. We have a proven history of achieving favorable outcomes for our clients in truck accident cases. This success is a testament to our unwavering commitment to delivering the true benefits to those we serve. We understand that every truck accident case is unique, and we tailor our approach to meet your specific needs. You’re not just another client to us; you’re an individual with unique challenges, and we’re here to help you overcome them. By choosing Bojat Law Group, you’re not only accessing legal expertise but also gaining a partner in your journey to recovery. We’re here to guide you through the complexities of your case, providing the support you need during this challenging time. Your well-being is our primary concern, and that’s what sets us apart.