Eighteen-wheeler accidents often cause destruction, catastrophic injuries, and death. If you have been involved in one, an 18-wheeler accident lawyer can help you pursue compensation for the many losses you have likely incurred.
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Why Choose the Law Offices of Steve Gimblin to Represent You?
The Law Offices of Steve Gimblin are dedicated to helping injured individuals recover the money they deserve from those who have harmed them. We have represented thousands of clients over the years in cases and have recovered millions of dollars for their losses.
When you choose the Law Offices of Steve Gimblin, you get a firm with:
- A founding attorney dedicated to fighting for injury victims
- Millions of dollars in compensation collected on behalf of victims
- Free initial consultations
- 24/7 contact for clients
- Regular case updates for clients
If you have searched “18-wheeler accident lawyer near me” in a quest to find legal help, look no further than the Law Offices of Steve Gimblin. Call today for a free consultation with an 18-wheeler accident lawyer who cares.
18-Wheeler Accident Liability
Depending on the circumstances of the accident, various parties may be liable for an 18-wheeler accident.
Driver
Truck drivers can be held liable for operating their semis negligently and for failing to ensure that their vehicle is safe for the road. In addition to commercial driver licensing requirements, truck drivers must also abide by federally mandated limits on the amount of time they drive each day.
Trucking Company
The trucking company may also be held liable if negligent. Common forms of trucking company negligent or intentional unlawful behavior include failure to properly screen prospective drivers, pressuring drivers to violate daily driving limits, and failure to train inexperienced drivers.
Trucking companies may also face liability for truck accidents simply by being the employer of a negligent driver. Under the doctrine of vicarious liability, an employee’s negligence is attributed to their employer.
Shipping Company
A shipping company that improperly packages or loads cargo onto a truck can be held responsible for accidents that result. For example, improperly tying down a heavy load could cause the load to fall off the truck during transport and lead to an accident.
Vehicle or Equipment Manufacturer
Vehicle and equipment manufacturers may also find themselves on the hook for an 18-wheeler accident if they are responsible for a defective vehicle or piece of equipment.
Take a semi-truck brake manufacturer, for example. If they allow a dangerously defective piece of braking equipment to make it onto the highway, they can be liable if an accident occurs because of it.
Compensation for Your Losses
Victims who survive these horrific crashes are often left with debilitating conditions requiring long bouts of medical treatment and rehabilitation. Those who do not survive leave loved ones behind with a void in their lives. Fortunately, various forms of compensation are available in many of these cases.
Economic Damages
Although a truck accident is attributed to the driver of the large commercial vehicle, trucking companies have to bear the liability arising therefrom. The reason for this is that trucking companies have greater insurance coverage in comparison with individual drivers. Moreover, trucking companies bear responsibility for the actions of their employees.
In California, economic damages are compensation for objective, verifiable monetary losses related to a victim’s injuries. They include:
- Hospital and medical treatment costs
- Lost income
- Costs associated with home and car modifications
Victims can also seek compensation for money paid to hire help around the house with basic duties, such as grocery shopping, cleaning, and laundry. Additionally, the family members of victims of fatal 18-wheeler truck accidents can potentially file a wrongful death claim or lawsuit and seek compensation for burial and funeral expenses.
Non-Economic Damages
Non-economic damages are subjective and not as easily calculated as economic damages. They include:
- Emotional distress
- Pain and suffering
- Loss of consortium
- Diminished quality of life
- Permanent disability
- Permanent disfigurement and scarring
- Loss of the ability to enjoy life
These intangible losses are just as real as the various economic losses victims experience after an 18-wheeler accident. To determine how much each is worth, the parties to the action use a formula that takes into account the seriousness of the injuries.
Punitive Damages
If the driver or some other party engaged in particularly egregious behavior, the victim’s 18-wheeler accident lawyer might pursue punitive damages. Egregious behavior is considered to be actions exhibiting willful misconduct or malice.
Punitive Damages
Timing Issues
Important timing considerations exist with all 18-wheeler accident cases. First, there is a statute of limitations that gives victims or their families two years from the date of the accident to take legal action.
Once two years have passed, most legal actions will be dismissed. There are exceptions, but most cases do not qualify for one.
Second, any claim for compensation or lawsuit stemming from an 18-wheeler accident should be filed as soon after the accident as possible. If not, the case is in danger of weakening as time goes on, principally due to evidence problems.
For example, traffic cam footage is powerful evidence in these cases. However, many municipalities erase traffic footage after a certain time — within days in some cases. By contacting an 18-wheeler accident lawyer shortly after your accident, you have a better chance of preserving vital evidence needed in your case.
Experienced Oroville 18-Wheeler Accident Attorney Ready to Fight for You
Do not hesitate to reach out for a free consultation and case review. Oroville car accident attorney Steve Gimblin and his team are ready to help you get the compensation you deserve for your losses. Call today to speak to the “18-wheeler accident attorney near me” you have been searching for and take the next step toward the compensation you deserve.