Hiring a San Jose truck accident attorney is vital for a number of reasons. The first is the obvious: to get compensation for your injuries. You must act quickly after an accident, because the two-year window to file a lawsuit closes at the end of that period. Similarly, you need to give your attorney ample time to investigate, evaluate, and settle your case. Listed below are some of the most important things to consider when hiring an attorney for your case:
Identifying potential defendants
Identifying potential defendants is an important part of your case. You can increase your chances of recovering 100 percent of the economic damages if you can name multiple parties. This is a legal principle known as joint and several liability, which allows personal injury victims to pursue damages from more than one defendant. The role of expert witness testimony is often vital in personal injury cases. Accident reconstruction experts and medical experts can provide valuable information.
It is important to recognize that many truck accidents involve the question of negligence. The negligent party is liable for the accident and should have exercised reasonable care. The four elements of negligence are:
If the other driver is at fault for the accident, you should contact their insurance company to file a claim. The insurance company may try to reduce the amount of damages you can claim, but a good San Jose car accident attorney will have experience in dealing with insurance companies. Your attorney can help you deal with these companies, and keep them honest. In some cases, it is even possible to recover money from underinsured or uninsured drivers.
Another consideration when hiring a San Jose truck accident attorney is who can be held responsible for the accident. Third-party maintenance companies and manufacturers of faulty equipment can be named as defendants in a truck accident lawsuit. Whether the truck driver was negligent or careless in installing the brakes, the truck company and its employee could be held liable for the accident. An attorney can identify potential defendants if they are unaware of the accident or negligent.
Obtaining compensation
If you have been in a truck accident, you may be entitled to compensation for your medical bills, lost wages, and the impact of your injury on your future earning capacity. Your injuries may force you to change your career or work fewer hours for less money, and you may have to deal with emotional distress and mental health issues, as well. You should consider consulting a truck accident attorney to determine your rights.
After the accident, you may need to undergo physical therapy, or surgery to relieve your pain. Some people choose to wait until they achieve maximum medical improvement before settling their claims. Others may opt to accept a lower amount sooner, despite their continued pain and disability. In these cases, you may need surgery and extensive rehabilitation to regain your lost earning capacity, or you may have permanent injuries or cognitive dysfunction. Regardless of your medical condition, obtaining compensation from a truck accident attorney is your best bet.
A truck accident attorney will also work with doctors and other medical providers to assess damages. They may also consider future medical bills, prescription drugs, and rehabilitation and therapy fees. Other damages that a truck accident attorney might consider include the loss of earning capacity due to pain and disability. After assessing your damages, your attorney will negotiate with the insurance company and document them so they can make the best argument possible. If you do not hire a truck accident attorney, you may end up losing out on a high percentage of your settlement.
Insurance adjusters are not your friends and neighbors. These individuals are paid to negotiate with insurance companies, not to help you. They want to reduce their liability and offer as little compensation as possible. Your compensation will be much higher if you hire an attorney who has your best interests at heart. The Dominguez Firm knows all of the laws that govern trucks, including the truck driver’s duty of care. So when you’re in a truck accident, you don’t want to deal with the insurance company yourself.
Medical documentation
If you have been in a San Jose truck accident, you might be wondering if you can file a wrongful death lawsuit. Under California law, you only have two years after the accident to file a lawsuit. After that period, however, the case may be dismissed. This is because an attorney needs time to investigate, evaluate, and negotiate your case. If you’re lucky enough to have medical documentation from the accident, it can help your case significantly.
Your San Jose truck accident attorney will need to see your medical records and any other documents that show the extent of your injuries. The accident itself might have been your fault, but the person responsible for the crash should be held accountable for their negligence. The accident could have been avoided if you had documented any relevant medical records. If the other driver’s insurance company had a policy that covered your injuries, it would be better if you provided that documentation as well.
You will need this when filing a claim against the other driver. Your truck accident attorney in San Jose can help you compile this information so that you can make a strong legal argument for compensation for your injuries. The trucking company will try to limit liability and settle your claim for the lowest amount possible. Your attorney will be able to determine the best course of action and stave off pressure from the insurance company. They will also know what the deadlines are for filing claims in California.
Regardless of whether you were injured in a car crash or a truck accident, you should try to obtain your medical records. These records may be crucial in proving your case. In addition to obtaining copies of your medical records, you should keep all of the receipts for medical expenses related to the accident. This way, your attorney can show the jury exactly what happened and how the accident caused those injuries. You can even get a written statement from the insurance company if the accident was your fault.
Identifying additional parties
After an accident, it’s imperative to seek medical attention for yourself and the people around you. Your attorney can also help you recover any financial losses due to the accident. If you or a loved one was injured, contact the police and request a crash report. This report, known officially as a California Traffic Collision Report (CHP 555), will be an essential piece of evidence in a lawsuit. There are several factors that can contribute to a big-rig accident, and a qualified attorney can help you determine who is responsible.
Having a qualified attorney can significantly improve the outcome of your case. An attorney who understands California’s legal system will be able to demand compensation on your behalf. According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents result in the death of approximately 121 people each year in the state of California. San Jose alone sees approximately 53 fatalities a year, so you need to have an attorney who knows the local law and can effectively negotiate with insurance companies to obtain maximum compensation.
If you have been injured, it’s essential to hire a qualified lawyer as soon as possible. Insurance companies want to keep as much of your premiums as possible and pay out as little as possible on claims. They do not have your best interests in mind. Your attorney’s primary goal is to maximize your recovery. If you hire an attorney right away, you may be able to avoid a lot of costly mistakes and get fair compensation for the accident-related expenses, lost wages, and pain and suffering.
Identifying the root cause of the accident
The human behaviour analysis suggests that the truck driver did not intend to make a mistake, and the crash was the result of a combination of factors. Often, the truck driver was following a vehicle too closely and did not slow down or avoid the obstacle. Another factor that was linked to the critical reason was a distraction outside of the vehicle. Other vehicle factors such as brakes, tires, and cargo shift were not examined.
The team must analyze the facts to determine the root cause of the accident. This analysis should be a team effort, with all members of the investigation core team present. The team’s presence will determine the effectiveness of preventive actions. They should collect as much information as possible, including pictures of the accident scene. If the information obtained from witnesses is unusual or substandard, it should be further investigated. The purpose of evidence gathering is not to assign blame, but to determine the facts.
One of the main problems that causes big truck crashes is tire failure. Because a huge truck has a lot of weight and pressure on its tires, they must function properly. Inadequate upkeep, design flaws, and improper examination can lead to tire blowouts and catastrophic truck accidents. An investigation by a truck accident lawyer will uncover the causes and possible remedies. They will also help clients determine whether they are eligible for financial compensation.
The researchers studied 963 truck crashes. The data consisted of up to 1,000 elements, including the truck driver’s condition, the truck’s condition, and the other motorist’s behavior. The data was coded by a crash expert. If the crash investigator could not interview the actual driver, they used a surrogate driver. They also examined police reports and hospital records. In many cases, the crash researcher returned to the accident scene after the incident to confirm the findings.