Brea Truck Accident Attorney
Most people who live and work in the Brea, CA area are accustomed to encountering commercial trucks on a regular basis, and most reach their destinations after these encounters with no problems. However, truck accidents can happen unexpectedly, and these incidents typically cause far more devastating damage than most other vehicle accidents. A truck accident is also likely to generate a more complex series of legal proceedings for the victim and their family, and it’s common for victims of these incidents to have lots of pressing legal questions they cannot answer alone.
Compassionate Legal Representation for Brea Truck Accident Claims
If you or a family member is recovering from injuries suffered in a truck accident, Brea, CA, a truck accident attorney is the best resource to consult to determine your options for legal recourse. Recovery from this incident is likely to require accurate identification of the party or parties responsible, and commercial truck accidents tend to raise very complex questions concerning liability. The team at Easton & Easton has years of experience handling all manner of personal injury claims in Brea, and we can apply this experience to your unique case.
Proving Fault for a Commercial Truck Crash in Brea
California uses the fault system to resolve vehicle accident claims, meaning whoever causes an accident is responsible for all of the resulting damage. This may seem simple enough, but the reality is that truck accidents are unique among all other vehicle accidents because of the legal concept of “vicarious liability.” This comes into play whenever one party bears fault for the actions of another party, even if they were not directly involved in the actions in question. Vicarious liability is most often applied to employers that bear fault for the actions of their employees.
If a trucking company failed to perform an appropriate background check on a driver, failed to verify the driver’s experience or credentials, or failed to enforce applicable trucking industry regulations, these issues may all raise the issue of vicarious liability. If this applies to your claim, both the driver of the truck that hit you and their employer could face responsibility for your damages.
Recovery From a Truck Accident
Every driver must have auto insurance that provides various forms of liability coverage, specifically bodily injury liability coverage and property damage liability coverage. Trucking companies have the same obligation, and many have insurance policies that provide far more than the minimum coverage required by state law. This is an effort to avoid litigation when their drivers cause accidents, aiming for the insurance to pay for the resulting damages. However, even if available insurance coverage is enough to fully compensate the victim of a truck accident, there is no guarantee they will receive enough to fully repay all of their damages. It’s also possible for the insurance company to dispute the claim or even engage in bad faith tactics to avoid financial responsibility for the damages in question.
When you have an experienced Brea truck accident attorney defending you, you are far less likely to encounter any such malfeasance from the insurance company. Once the insurer’s representative notices that you have an attorney they will be more inclined to process your claim in good faith as efficiently as possible. However, no matter what your experience with the insurance claim process is like, you will likely need to prepare a civil suit against the defendant who caused your accident if you want to recover the full scope of damages in your case.
Your Brea truck accident lawyer can help you build your personal injury claim. Success with the claim requires proving who caused your accident, how they caused it, and the total damage resulting from their actions. The attorneys at Easton & Easton strive to help every client we represent streamline their civil claim proceedings as much as possible and secure as much compensation as state law allows.
Claimable Losses in Your Personal Injury Action
California’s personal injury statutes allow the plaintiff in a truck accident claim to seek full repayment of all the financial losses they suffered from the accident in question. These economic damages are likely to include medical expenses, lost income, and property damage. The plaintiff not only has the right to seek repayment of all their immediate economic damages, but also the future damages that have not yet been realized. For example, you can claim compensation for the medical care you required immediately following the accident, but if you suffered a severe injury that demands ongoing care, the defendant is liable for these medical expenses as well.
Similarly, you have the right to seek compensation for lost wages, but if the defendant caused a serious injury that permanently impairs your earning capacity, then they are also liable for your lost future income. Again, your Brea truck accident attorney will be crucial for proving the exact scope of the future income you are no longer able to earn. Additionally, any property damage not covered by the defendant’s insurance can be cited as an economic loss in your personal injury claim.
State law also allows the plaintiff in a personal injury case to seek compensation for the pain and suffering they experienced. Again, this may seem difficult to assign a monetary value, but there are various methods your attorney may use to help you determine a reasonable figure. For example, if you anticipate recovering fully from your injuries, your attorney may move to include a “per diem” pain and suffering resolution that awards compensation every day until you reach maximum medical improvement from your injuries. On the other hand, if your injuries cause permanent disability, they would be more likely to seek a large lump sum of pain and suffering compensation that reflects the severity of your condition and the long-term complications you will face because of the defendant’s actions.
Many variables could influence the final outcome of your case. For example, if the defendant caused your truck accident through some illegal misconduct, they may owe you punitive damages along with the other forms of compensation sought through your claim. Conversely, if you are partially liable for the accident, this will diminish your total case award under the state’s pure comparative negligence law. Therefore, when you choose Easton & Easton to represent your truck accident case in Brea, we will do everything we can to maximize the final case award you obtain.
Truck Accident Injury FAQs
Q: What Are the Most Common Causes of Truck Accidents?
A: While truck accidents may happen for many of the same reasons as all other vehicle accidents happen, there are many unique risk factors that apply specifically to trucks due to the large size of these vehicles. Improperly loaded or imbalanced cargo, truck driver fatigue, equipment failures, and driving under the influence are all top-reported causes of commercial truck accidents in the United States each year.
Q: How Do I Prove Liability for a Recent Truck Accident in Brea?
A: Success with any vehicle accident claim requires accurate identification of the party or parties responsible for the collision, a clear and complete assessment of the resulting damages, and proof that those damages directly resulted from the defendant’s lack of reasonable care or intentional misconduct. Proving liability for your recent accident may require physical evidence, witness testimonies, or even professional insights from various expert witnesses.
Q: How Long Does a Truck Accident Case Take to Resolve?
A: Some civil claims can be resolved relatively quickly as long as the parties involved are willing to compromise in a settlement. If you have an experienced Brea truck accident attorney representing you, they may be able to settle your case within a few weeks of filing, but if your case must be resolved in trial, this will take much longer. Litigation often requires several months to complete, and various factors may influence your case’s potential timetable.
Q: How Much Does It Cost to Hire Brea Truck Accident Lawyers?
A: If you are worried about the potential cost of legal representation for your impending truck accident claim, it’s important to remember that the attorneys at Easton & Easton offer legal counsel on a contingency fee basis. This means you do not pay any upfront or ongoing legal fees for the duration of your case, and you will part with a percentage of your final case award once we win your case.
Q: Do I Really Need to Hire a Brea Truck Accident Lawyer?
A: There is no legal requirement for you to hire an attorney for your truck accident claim, but you have a much better chance of maximizing your case award when you have experienced legal representation on your side. Your attorney could streamline your case significantly and even uncover channels of compensation you didn’t know were available to you. Even if you are concerned about the cost of hiring your Brea truck accident attorney, they could still secure far better results and a larger case award than you expect.
The attorneys at Easton & Easton have helped many past clients in the Brea area and surrounding communities with the most complex personal injury claims, including those generated by devastating truck accidents. We know the challenges you are likely to face in your recovery efforts and want to help you approach your case with peace of mind. Contact our team today to schedule a case evaluation with an experienced Brea truck accident attorney you can trust.