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Truck Accident Injury Lawyer in Oceanside
Truck Accident Attorney
If you’ve been injured in a commercial trucking accident in Oceanside you need a truck accident attorney. It’s that simple. Without an experienced personal injury accident lawyer you’ll all but certainly be trapped in legal complications and receive far less compensation than you deserve.
Truck drivers were once considered the epitome of safe and courteous driving. And most still are highly trained and conscientious. But today’s pressures lead some to ignore highway safety regulations. They’re generally paid by the mile, not the hour, and are often given tight deadlines. Owner-operators must work extra-hard to make payments on their big-ticket rigs. So speeding, skipping required breaks, exceeding drive-time limits, and using amphetamines aren’t uncommon. Then there’s bad weather, overloading and other improper loading, and mechanical failure.
Facts to Know: There are some 3.5 million tractor-trailer operators in the US driving a total of well over 400 billion miles each year. In 2012 the Federal Motor Carrier Safety Administration reported 77,000 large truck accidents with injuries and 3,902 fatal accidents.
Here’s a top-level checklist of what needs to be done if you’ve been injured in an accident involving a big-rig truck in Oceanside CA.
- Seek immediate medical attention. Injuries can be worse than they first appear. For serious injuries call 911.
- Call the Oceanside police, making sure that an accident report is filed. Review the report for accuracy and completeness.
- Notify your own insurance company. But do not discuss liability or compensation with any individual or company. And do not make a statement, accept payment, nor sign any paperwork until you have consulted with an injury attorney.
- Make detailed notes as soon as possible on what led up to the accident, the collision itself, and what happened afterward.
- Retain all medical records and expense receipts.
- Retain a personal injury attorney from Skolnick Law Group
You Pay Nothing Unless Compensation is Recovered!
Truck Accidents are Complicated
There are some 80,000 commercial truck accidents in the US each year that cause injuries. So if you are a victim of a trucking accident, you’re not alone. Truck accident lawyers, as well as the insurers of truck drivers and trucking companies, have a wealth of information to protect their clients’ interests.
Big rigs such as tractor-trailers and semis carry heavy cargo, and often hazardous materials. Those 18-wheelers don’t just weigh a few tons; their maximum weight is 40 tons. And at highway speeds, large trucks take the length of a football field to come to a full stop. Trucking is also an area that is heavily regulated. Such regulations include issues like licensing, rest breaks, and the length of driving shifts along with safety inspections for the trucks. Even with all this regulation, there are still mechanical failures, especially due to inadequate maintenance, failures to adjust driving for bad weather conditions, and truckers that break the rules or even use drugs to stay awake.
As with car accidents, a trucker can lose control. For big rigs that can also mean jack-knifing, and passenger vehicles can become trapped underneath the truck in what’s called an under ride. Injury accidents can involve quite a few parties besides drivers — the trucking company, truck owner, truck manufacturer, any 3rd-party maintenance company, and the loading company. They may each have their own insurance coverage, and most are likely to “lawyer up” following a collision.
You need to protect yourself. Here are just some of the things you need to do immediately after a truck accident.
- Call the police, and put in a request for the police report;
- Call your insurance company to report the trucking accident;
- Make your own set of notes while memories are fresh, and be as detailed as you can. Include photos and witness names/contact numbers whenever possible; and
- Retain a lawyer who is an experienced trucking accident injury attorney.
Your Rights After an Injury
Your legal rights include recovering the costs of restoring your prior health and capabilities to the greatest extent possible, as well as the cost of coping with any remaining limitations. Under certain circumstances, you may also have the right to punitive damages.
Full compensation should cover all your to-date and future medical bills, including physical therapy, as well as lost wages while you’re unable to work. You’re also entitled to the costs of modifying your home to accommodate a permanent disability along with compensation for reduced earnings capability. In many situations, you may also be compensated for pain, suffering, and mental anguish as well as punitive damages.
In accidents involving commercial trucks, many parties may be liable. Besides the truck driver and their insurance company that may include the truck owner, vehicle owner, truck manufacturer, maintenance company, inspectors, loading company, and the drivers of other vehicles… and their insurers.
Protect Your Rights to Full Recovery
Large trucks such as 18-wheeler, tractor-trailers, and semi’s can weigh up to 80,000 pounds when fully loaded. All that weight means more passenger vehicle damage and more severe injuries.
It’s the job of insurance adjusters and defense attorneys to deny or minimize compensation as much as possible. That may include your own insurance company. They have dozens of tricks, and deep pockets to pay an army of legal experts. Those tricks include making a very low first offer, hiding a release from future liability in paperwork, and using your own statement against you.
So don’t accept any offer, make a statement, or sign any paperwork without the legal opinion of someone on your side. And you shouldn’t settle for anything less than the full compensation you’re entitled to.
A truck accident attorney represents you by reviewing the incident, interviewing witnesses, establishing liability, and anticipating future medical and other costs. Building a strong case is especially important in proving negligence. They will then negotiate a settlement with all parties. If that isn’t satisfactory they can file a lawsuit. Most cases are settled out of court, but if not, Skolnick Law Group can litigate your case for you in court.
WE FIGHT TO WIN FOR YOU
Russell S. Kohn and Suzanne Skolnick Attorneys Kohn and Skolnick represented a 60-year-old man in an under insured motorist claim against Farmers. After reduction for the worker’s compensation benefits and the third party recovery, Judge Hoffman’s net award totaled $520,000.Our Recent Wins
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Skolnick Law Group
We’re experienced personal injury lawyers with a proven track record of protecting individuals and their families.
Call us for a free consultation. You’ll pay us nothing unless we win you compensation. That way you can focus on your physical recovery while we handle insurance and legal matters. Our offices are just 10 minutes away from Oceanside and we take evening and weekend appointments.
You’ll work one-on-one with an experienced truck accident attorney who will keep you informed of your options, current status, and the next step forward to a full recovery.