ClickCease Skip to content
Skip to content

California Truck Accident Attorney

Glendale truck accident attorneys

Schedule Free Consultation

Truck accidents are often devastating because they cause victims to suffer serious bodily injury or death. Big rig accidents and 18 wheeler truck collisions may also cause extensive property damage if the truck involved in the accident is carrying flammable materials. If you suffered injuries during a truck accident, then you need to speak to a knowledgeable truck accident lawyer in California who can help you with every aspect of your civil lawsuit.

Negligence and Truck Accident Cases in California

Negligence is one of the most important components of any truck accident lawsuit in California. The party asserting the lawsuit must prove every element of negligence by a preponderance of the evidence. These four elements are (1) duty, (2) breach, (3) causation (both proximate cause and actual cause), and damages.

The facts of your case will be ascertainable from documentary evidence such as traffic collision reports, medical records, and video surveillance footage. A truck accident attorney in California will help you determine how the facts in your case interact with the law. It may be necessary for an attorney to review case law, statutes, and secondary sources to help you with your case.

Understanding the basic principles of tort law will provide you with a more detailed understanding of your truck accident case. For example, multiple defendants may be liable for your injuries, and you need to understand that it is possible for the trier of fact to apportion damages between multiple defendants in civil lawsuits.

The Most Common Causes of Truck Accidents

Truck accidents may occur for many different reasons. However, the most common causes occur over and over again in truck accident cases. California is the most populated state in the country, and the state’s vast highway system can be extremely dangerous. The following are some of the most common causes of truck accidents in California:

  • Distracted driving
  • Failing to yield the right-of-way
  • Driving at an excessive rate of speed
  • Overloaded cargo
  • Equipment malfunction
  • Driving while intoxicated

A California truck accident attorney needs to understand how to interpret the facts associated with your case. After interpreting these facts, the attorney will apply the law to those facts and determine how best to represent your legal interests. It may be necessary for your attorney to depose parties and non-parties in a truck accident case. Depositions are a part of the discovery phase of civil litigation.

The Importance of Discovery in Truck Accident Cases

Discovery is one of the most important aspects of any personal injury lawsuit. The parties exchange information during discovery so they can each learn more about the case. Medical records, medical bills, and other forms of documentary evidence may need to be given to the defense. Also, copies of insurance policies and safety data sheets may need to be produced to the plaintiff. The primary discovery tools are interrogatories, requests for production, requests for admission, and depositions.

Depositions are conducted under oath, and an attorney typically examines the deponent over several hours. The information the attorney obtains from the deposition can be used to impeach the witness at trial. Impeachment of witnesses is one of the most important tools litigators possess. Many depositions are held at a neutral site, but many are also recorded and held in an attorney’s office.

If you are deposed then your truck accident attorney will help you prepare for the questions defense counsel will pose to you. It is necessary for you to understand how your attorney can lodge objections during a deposition. Also, you should understand how civil law is distinct from criminal law, and you are not seeking a criminal conviction in a civil lawsuit.

Settlement Negotiation, Mediation, and Arbitration

The following are all known as forms of alternative dispute resolution. The policy reason for the promotion of alternative dispute resolution is to ensure that judicial resources are preserved for those cases involving novel legal issues or complex procedural histories. Cases which are more straightforward can be resolved through forms of alternative dispute resolution to conserve judicial resources.

Settlement Negotiations

Settlement negotiations are conducted throughout a civil lawsuit. It is also possible for a civil lawsuit to settle all the way up to trial and during trial. Therefore, it is vital that the parties understand when settlement negotiations are being conducted. The parties typically submit offers and counteroffers until an agreement is reached regarding the terms of settlement. Once a case is resolved through settlement negotiation, the plaintiff cannot bring the same claims against the same defendant.

Mediation

Mediation is a unique form of alternative dispute resolution. The majority of mediators are former lawyers and judges who have undergone specialized training to act as mediators. A mediator is a third-party neutral who speaks independently with each party about possible settlement terms. The mediator moves between the parties and speaks with them and their attorneys about the possible settlement offer. If a case does settle at mediation, the parties will need to sign all the required settlement documents to ensure their agreement is legally valid.

Arbitration

Arbitration may be either binding or non-binding. Binding arbitration is the most final form of arbitration because the arbitrator can essentially act as a judge and rule on the claims and defenses asserted by the parties. However, many more litigants in truck accident cases participate in non-binding arbitration. Sometimes parties want to go to court and not participate in arbitration. It is vital that all the parties be prepared for how lengthy and complex arbitration may be.

The Type of Truck Involved in Your Personal Injury Case May Influence the Outcome of Your Case

You may have suffered injuries during an accident with a dump truck, a bus, or a cargo truck. Also, many truck accidents in California involve delivery vehicles and tractor trailers. The size and weight of the truck will affect the severity of both physical injuries and property damage. If you have questions about a particular type of truck and how this may affect both liability and damages, then you need to speak to a knowledgeable truck accident lawyer.

Contact Berberian Ain LLP Today to Schedule a Free Consultation

Contact Berberian Ain LLP today to schedule a free consultation during which we can discuss the facts of your case. Our California truck accident attorneys are here to help you protect your legal rights. We can review your case facts, examine our case results, and determine the best strategy for your civil lawsuit.