While Los Angeles tries to reduce its reliance on motor vehicle traffic, with over 500 miles of high-speed rail planned for future development, the truth is that we rely on commercial truck traffic more than any other state. From overseas shipments coming in through the Port of Los Angeles to trucks hauling goods all over the state, large commercial vehicles travel millions of miles each year across California.
Truck shipments help keep our economy booming, but they can also make our roads less safe. Any time regular road traffic mixes in with these big rigs, major accidents can result. Worse, trucking companies can make it difficult to obtain the compensation needed to repay injury treatment costs and other bills.
That’s where Hillstone Law Accident & Injury Attorneys can come in. If you are in search of a Los Angeles truck accident law firm that’s willing to fight tooth and nail to help you recover from your accident, then look no further than our experienced attorney team. We have a proven track record of winning millions on behalf of our injured clients.
Find out how much your case could be worth and what legal strategies we can use to increase your chances of success when you call us today at (310) 904-4444 or contact us online.
What to Look for in a Los Angeles Truck Accident Attorney Team
When working with a truck lawyer in Los Angeles to secure a settlement for your truck accident injuries, not just any law firm will do. You’ll want to do your research. Look for a firm with an established reputation and a high standard of excellence.
Your claim is likely to involve many corporate legal teams, representing both the insurance company and the carrier company employing the driver who hit you. Without the right experience and knowledge, your attorney may not be prepared for the tactics these teams will use in an attempt to reduce the value of your claim.
To ensure that you work with a quality law firm, look for the following signifiers when vetting your Los Angeles truck accident lawyer:
- An ample supply of positive reviews and testimonials — Always take the time to study up on your options in order to find a law firm with a glowing reputation among its clients, as evidenced by online reviews and personal testimonials. Your case deserves no less than the best, so try to select a firm with more than 4.5/5 stars or, if possible, a perfect 5/5 law firm.
- A proven track record of success — Find a firm with a history of winning large settlements on behalf of their clients. This is the best way to ensure that they know their stuff. While past results don’t guarantee future success, they do show that your team understands the strategies and approach needed to secure wins.
- A professional and courteous attitude — You deserve to be treated like more than another number when you’re putting your injury case on the line. Pay close attention to how you are treated at every stage of your case, especially when you first reach out to schedule a consultation. The firm should make you feel like you deserve their attention and that it’s going to do everything it can to provide high-quality service.
- An attorney who listens but is also honest — Your attorney should show signs of listening closely to your story, your concerns, and your questions during your initial consultation. They should also be willing to offer an honest response, helping you realistically understand what to expect in the road ahead for your case.
- Easy to get in touch with — A common complaint with injury cases is that an attorney will start the case but fail to follow up or answer their phone. Your attorney should provide steady updates, and they must also be willing to get back in touch with you when you try to contact them.
- Willing to go the distance with your case — Very few cases are easy to win, especially if they have a high value of damages associated with them. If the other side isn’t willing to settle for a reasonable amount, your attorney should be willing to consider all options, including filing a lawsuit and preparing for a jury trial.
- Knowledgeable and experienced with truck crash cases — Truck accident cases have many crucial differences compared to most other car crashes. From the physics of the collision to the common strategies the at-fault side will use to avoid liability, your attorney should be prepared and know what to expect in order to help navigate your case as strategically as possible.
Hillstone Law Accident & Injury Attorneys offers all of these traits and more. We have a dedicated team that’s ready to go the extra mile to help close your case with a win. Our ample staff can put their attention and effort into your case, helping you investigate it, document damages, file a strong claim, and pursue the liable parties using every available resource.
Come to us to see why we’ve built an outstanding reputation as one of Los Angeles’ best personal injury law firms.
Damages Available in a Los Angeles Truck Accident Case
The money you’ll be able to secure after getting injured in a truck crash will depend on the dollar amount of your related expenses, your projected future costs, and a monetary value assigned to the subjective losses you have experienced. All of these are referred to as “damages,” meaning the losses you have suffered because of the at-fault party.
Specifically, most cases involve some or all of the following types of damages:
- Medical bills — Includes the costs of all emergency care as well as hospitalization, testing, medications, transport, diagnostics, testing, imaging, and specialist care made necessary because of the accident injury. A settlement should also include money for the projected costs of future care.
- Lost wages — When the injury victim has to take a leave of absence from work, work reduced hours, or work different job duties for lower pay as a result of their crash injuries, they can be compensated for their difference in income when compared to before the accident. If they have to change jobs, they can also seek money to pay for job retraining and other necessary upskilling expenses.
- Out-of-pocket costs — A truck accident can lead to many expenses, from needing to rent a vehicle to having to pay for parking at your care appointments. Comprehensive settlements will provide benefits to the victim for these expenses and all other reasonable and necessary costs related to the accident.
- Personal property damage — Vehicles are extremely likely to be severely damaged or totaled as a result of a matchup with a much heavier commercial truck. A truck accident settlement should compensate the victim for the repair or replacement costs of the vehicle involved in the wreck, along with reimbursement for any other valuable items damaged, like cell phones or jewelry.
- Pain and suffering — When at-fault parties inflict non-financial suffering upon the crash victims, they should be held responsible for an equivalent monetary value for that negative experience. Pain and suffering damages are often awarded in direct proportion to the severity of the injury and the lasting effects it will have on the victim’s life.
- Replacement of domestic services — In cases where the injury victim provided substantial in-home help to their household, such as cooking, laundry, cleaning, etc., but are no longer able to (temporarily or permanently) because of their injuries,
- Wrongful death — When a truck accident victim dies from their crash injuries, a wrongful death claim can compensate their surviving representatives for their personal suffering, their loss of companionship, and the loss of income that would have otherwise been brought to a household.
The Importance of Calculating and Documenting Damages Carefully
Valuation of damages is one of the most difficult steps to take during a truck accident claim, especially for crash survivors who are trying to submit their claim on their own. A settlement (or jury award) should include all reasonable and necessary expenses related to recovering from the accident.
Many times, an inexperienced party will underestimate the value of what they have spent in response to the accident. Worse, they can dramatically undervalue the future costs of their care and other losses. By not claiming these damages, they leave money on the table, while also underplaying the seriousness of the injury they have suffered.
Your Los Angeles truck accident attorney will work with your medical teams, economic experts, and other professional witnesses to ensure that your claim for damages is as comprehensive as possible. Not only that, but we’ll document your damages with irrefutable evidence, including billing statements, expert interrogatories, and other documentation that firmly establishes the losses and suffering inflicted upon you and your family as a result of the collision.
Who Is at Fault for My Truck Accident?
Los Angeles is no stranger to truck accidents, with over 3,500 wrecks happening across L.A. County from 2022 — 2023[1].
In many truck accident cases, the fault for the accident will lie with the negligent truck driver. However, other parties may also bear responsibility, solely or separately.
Just like calculating full damages, it’s crucial to be thorough when considering who may be at fault for your injuries. Pursuing the wrong party can mean delaying your ability to file a claim — or preventing your ability to recover, altogether, if too much time has passed. Additionally, pursuing multiple parties can allow you to increase the chances that you will receive compensation for all of the damages from which you have suffered.
In a truck accident case, any of the following parties could potentially be considered at fault for your injuries, depending on the circumstances.
The Carrier Company That Employed or Contracted the Truck Driver
Truck drivers commit negligent acts all the time. From speeding to using drugs to stay awake, they can easily put the lives of others on the road at risk.
However, in most cases, the employer will bear responsibility for these mistakes. Even if the employer did not directly commit an act of negligence, their failure to prevent the negligence of their employee makes them strictly liable for their acts. This legal concept is known as the doctrine of “respondeat superior.”
Many times, companies will try to claim that they are not responsible for the injury-causing actions of another individual because that individual was an independent contractor. However, U.S. federal code (49 U.S.C. 14102) requires that carriers leasing equipment to drivers assume responsibility for their actions, a connection upheld in California law after appeal. Further, in many cases, a driver for a trucking company has been misclassified as a contractor despite sharing the same responsibilities as an employee.
Holding the carrier company is ideal in most situations because they will have substantial liability policies in place to protect against the risk of a catastrophic loss caused by an injury settlement.
The Driver, If They Were an Owner-Operator
Truck drivers who own their rigs and operate them as a business service to carriers are some of the few to be genuinely classifiable as independent contractors. Nevertheless, these individuals are required by law to carry their liability policies in case of an accident.
After the crash, your attorney will review the details of the route and whether the driver was an independent owner-operator based on their level of control over the details of the contract and its execution.
In some cases, the contracting carrier company and the owner-operator driver can both be held liable at the same time.
The Truck or Trailer Manufacturer
In cases where faulty equipment leads to an accident, it is possible for a manufacturing company to hold liability for injuries — in part or in full.
Product liability laws carry their own special legal considerations, including the need to demonstrate that the product had a defect or was unacceptably dangerous to the general public. Your attorney will vigorously research the details of your case to determine if faulty parts, vehicles, or trailer equipment caused or contributed to the ultimate accident.
Your Vehicle Manufacturer
In cases where your own vehicle experienced a malfunction or failed to perform as expected, you may be able to hold the manufacturer liable for your injury damages.
Contract Maintenance Companies or Equipment Rental Companies
If the equipment used in a haul was maintained by a negligent mechanic contractor or leased out in a dangerous state by the true owner, these parties could potentially be held liable for your damages.
Other Drivers
Since tractor-trailers are so large, a single accident with one can result in multiple vehicle impacts. Sometimes, the initial impact was caused by another negligent driver rather than the truck driver.
Your attorney will examine the moment-by-moment timeline of the accident and investigate each impact to determine its cause. In some cases, another non-commercial driver holds full responsibility for your truck accident injuries, and in others, liability may be split between multiple parties based on each’s contributions.
Property Owners and Public Road Agencies
In cases where a dangerous road or property condition was a primary cause of the accident, the property owner can be held responsible for damages. If the accident happened on a public road, a public agency or other contractor — such as a construction company — could be considered responsible.
Common Mistakes to Avoid After Your Truck Accident
Truck accidents are always hectic, and they can often involve situations where you fear for your own health and well-being. Despite all of the concern and stress, it’s in your best legal and financial interests to focus and work towards building the strongest claim possible for damages.
To help you know what your priorities should be, strive to avoid the 5 most common mistakes listed below.
Mistake 1: Not Reporting the Accident
You should always call the police to respond to the accident scene, especially if you have been involved in a wreck with a commercial vehicle. In fact, most employers have strict policies to report every single incident, even if it barely qualifies as an accident.
Yet, many drivers will try to avoid getting reported for being involved in a wreck — especially if they were doing something wrong at the time of the collision, like driving under the influence. They may even try to persuade you to accept cash as compensation for your accident costs. Don’t do it!
Always report the accident, ideally, the moment after it has happened. If you were not able to report the accident at the time, file a crash report in Los Angeles to the local police or California Highway Patrol. While they may not send out Eric Estrada (never say never!), their help is still essential for recording your accident, documenting important details, and starting the process of determining fault.
Mistake 2: Waiting to Get Health Care
It’s very likely that you will be injured in your collision with a semi-truck, even if you don’t feel it at first. Always request for an ambulance to come to the scene if you suspect you or someone else has sustained a serious injury. If the EMTs suggest that you don’t need transport, you should still go to a care facility or clinic immediately after you are able to leave the accident scene.
You want documentation of your medical condition as soon as possible after your accident. A diagnosis will help you connect your injuries to the date of the accident. Not only that, but it will help you start treatment sooner, helping you recover faster while proving that you did everything you could to avoid making your condition worse by delaying care.
Mistake 3: Apologizing or Saying Too Much at the Scene
Remember that you don’t have to say anything to the driver who hit you. You just have to provide them with your name, contact information, and (possibly) your insurance information. Save all the other details for the police.
Mistake 4: Trusting the Carrier or Their Insurer
Insurance companies want to avoid paying out for claims as much as they can. Accordingly, they may ask you leading questions or go digging for ways to reduce their liability.
For example, the insurer or the carrier company may ask you to make a recorded statement about how the accident happened. Again, don’t do it! Instead, talk to your truck accident attorney and rely upon them to send out necessary documents and communicate with insurers.
Likewise, never disclose your private medical information, especially if someone asks for you to release your medical history. All they’ll do is dig to see if you’ve had similar injuries in the past, which can help them to allege that you have a pre-existing condition.
Mistake 5: Thinking You Can Handle a Complex Claim on Your Own
Injury claims involving commercial vehicles are almost always going to get complicated quickly. You’ll face layers of bureaucracy, and the other party may take steps to prevent you from gathering all of the evidence you need to file a strong claim.
Not only that, but they will also try to offer the lowest amount they think you will accept, hoping you’ll take it and make the case go away. Instead, work with an attorney who can help you review your damages, document your claim, and assert the full extent of your legal rights in order to go after the highest amount of compensation available.
Work With a Los Angeles Truck Accident Law Firm That’s Not Afraid to Bring a Fight
Big companies hope that you’ll feel weak and unconfident when you ask them to pay up for the damages they caused. They can even make you feel like you don’t have a case at all.
Any time you’re in this situation, it’s time to get experienced help. Reach out to a proven Los Angeles truck accident attorney who’s ready to step in and go toe-to-toe with the opposition.
Reach out to Hillstone Law Accident & Injury Attorneys for determined legal representation, using the full extent of our collective knowledge and experience. We know how to win cases, and we promise to do everything we possibly can to win yours.
When you’ve been hurt in a truck accident and aren’t sure where to turn, turn to us. You can talk to an experienced truck accident lawyer in Los Angeles any time during a free, no-risk consultation when you call (310) 904-4444 or contact us online to schedule a case review.
