Truck Accidents

Truck Accidents in San Diego, CA

In an instant, your world can be turned on its head. For instance, a truck crosses over into your lane and clips your car, causing it to careen into a guard rail before finally coming to rest upside down in a ditch. In that instant, you become a victim with serious physical and emotional injuries and find yourself mired in a financial pit deeper than the ditch where your car came to rest. When that happens, you may find yourself asking a lot of questions: 

“What are the extent of my injuries?” 

“Do I have a valid claim?” 

“How long will I be out of work?” 

“What can I recover?” 

“How much would it cost to hire an attorney?” 

The accident will likely give you a laundry list of concerns that consume your every waking moment. These could include filing for short/long-term disability, handling insurance claims, and paying medical bills, or they could mean balancing a budget with reduced income now that you’re on short-term disability. They could also mean many appointments with your physical therapist so that you can learn to walk  normally again. 

Once you’ve had a chance to process your situation, you should pick up the phone and call a personal injury lawyer.

Proving Your Truck Accident Claim in San Diego, CA

The first thing your attorney will do is gather the facts of your case to determine whether you, the plaintiff, have a valid claim. In a personal injury case, there are five elements of negligence to meet. These five elements are: duty, breach, causation, and damages. 

In the case of a truck accident, “duty” is a legally recognized relationship between a defendant (truck driver) and a plaintiff (injured motorist) that a defendant should behave according to prescribed manners toward a plaintiff. In our example, the truck driver has a duty of care to stay  in his lane. 

“Breach” of that duty occurs when a defendant fails to exercise reasonable care in fulfilling that duty. When the truck driver crossed over into the next lane, he breached his duty of care. 

Causation means that there must be a connection between the driver’s breach and the accident, and finally, damages are a way of showing an actual, concrete harm occurred. In a personal injury case, a plaintiff must prove a legally recognized harm, like a physical injury, emotional distress, or lost wages. 

What Damages Can I Recover in A Truck Accident Case?

Proving your damages is a critical part of any personal injury case. Some of the damages your personal injury lawyer will attempt to recover include the following:

• Medical Bills: Your personal injury attorney will fight to recover your past and future healthcare costs resulting from emergency care, surgeries, medical monitoring, and rehabilitation related to your traumatic brain injury.
• Lost Wages: Depending on the severity of your injury, you may need to take weeks or even months off work. In California, you can include your lost income in your claim.
• Lost Earning Capacity: This may apply if you are not expected to make a full recovery or if it will take you a long time to return to work. Your personal injury attorney will engage an economic expert to provide a figure for your damages. 
• Pain and Suffering: A skilled injury attorney can build a case for damages related to intangibles like pain and suffering – something truck accident victims face daily and, in many cases, for the rest of their lives.

How Much Will It Cost to Hire a Truck Accident Attorney?

In most personal injury cases, you will only pay if you settle your case or win in court. This is called a “contingency fee” arrangement. This means you will not pay your attorney up front, but rather, your attorney will take a percentage of your settlement or verdict.

What Should I Do If I’m Involved in a Truck Accident?

When you’re involved in an accident, especially if your injuries are serious, the stakes are simply too high to go it alone. After you tend to your injuries, your next call should be to a personal injury lawyer.

There are many factors to consider when selecting a law firm following a truck accident. You should feel confident that whoever your attorney might be, that person will advocate zealously for you. You should feel comfortable with the fee schedule and representation agreement you will enter into with your attorney. And while no attorney can promise results, you can expect a better outcome than you could have achieved on your own. Focus your energy on physical, emotional, and financial recovery. Let The Law Office of Elliott Kanter focus on making your case and telling your story to get the compensation you deserve.