Trucking Accident Attorney San Diego
Commercial trucks
are involved in fifty thousand fatal accidents every year in this
country, mostly on the weekends. The percentage of commercial trucks
involved in accidents annually is even greater than that of motor
vehicles. Because Southern California is a high volume interstate
corridor to and from Mexico, and connecting this area to the rest of
the United States, a huge number of trucks pass through this area,
thereby increasing the likelihood of a trucking accident. When these
facts merge with the size and momentum of big-rigs, the fatigue
their drivers all too frequently battle, drugs taken to fight that
battle, as well as falsification of time and weight logs, makes for
a potentially deadly combination. Serious injuries to the spinal
cord or the head, and wrongful deaths, unfortunately, often result.
Who is Liable?
A trucker, in his or
her individual capacity, can be held legally responsible to pay for
your injuries if he or she failed to act reasonably in operating the
rig. That is, if the trucker did not use the level of skill and
caution a reasonably prudent person would use in a similar
situation, then that driver should compensate the victim for all of
the resultant injuries.
Because the
commercial trucking industry is very heavily regulated, having laws
attached to nearly every operation of the truck, the doctrine of
negligence per se frequently arises in the context of trucking
accidents. This doctrine holds that someone who violates the law or
a regulation, and in the process of doing so causes an injury the
law or regulation was designed to prevent, is negligent, period.
There is no measuring of the "ordinary care," or "reasonable
person." The question of negligence is answered in the affirmative,
and the discussion turns to the extent and cost of the injuries
caused. By way of example, if a trucker falsifies driving logs so
that he or she can clock more miles than the limitations permit, and
that trucker falls asleep at the wheel, the trucker will be deemed
negligent per se, since the limitations on driving-hours was
designed to prevent over-fatigue. The law will simply presume the
driver was negligent, and therefore responsible to pay for the
victim's injuries.
It is not just the
trucker, however, who may be liable. The legal doctrine of vicarious
liability or respondeat superior will hold the truck driver's
employer liable as well. There is no need to show the employer
actually did anything wrong, so long as the trucker was acting
within the scope of his or her employment at the time of the
accident.
What Compensation is Available
If you have been
injured in a trucking accident, and the trucker is deemed liable,
the medical bills accrued and wages lost because of the accident are
recoverable. In addition, future medical bills and future lost wages
can be recovered, as long as they can be ascertained with reasonable
certainty. Compensation for lost earning capacity is also available.
For example, if you are a construction worker and were injured in a
trucking accident, so that you can no longer work in the
construction field and no longer have the possibility of becoming a
foreman, then the foreman-pay may be recoverable, if the you can
show you had a likely chance of getting the promotion, until the
trucking accident occurred.
In addition, a
victim of a trucking accident can be monetarily compensated for pain
and suffering, both past and future. Typically, this figure includes
compensation for experiencing fear of imminent harm or death,
physical pain, and loss of enjoyment of life.
Although no amount
of compensation can make up for the loss of a loved one, if the
victim of a trucking accident dies, California's Wrongful Death
statute allows surviving family members to recover for loss of
financial support, medical expenses, funeral expenses, loss of
consortium, and loss of comfort and care. These awards can ease the
financial burden imposed on the family, and force the negligent
trucking company or trucker to accept the responsibility.
Finally, when a
person acts in conscious disregard of the rights and safety of
others, the law may impose what is called punitive damages. In the
context of trucking accidents, punitive damages may be awarded,
given the proper circumstances, for the individual trucker's acts or
the separate acts of his or her employer. This is a sum of money
paid to the injured person that is intended to punish an at-fault
trucker, or the employer. This award can be greater than the
compensation for medical bills and lost wages.
How to Get That Compensation
Because the trucker
or the employer may be legally responsible to pay for your injuries,
because there are several legal theories that allow monetary
recovery, and because the measure of damages is often quite
complicated, it is important that you contact an experienced
attorney if you or a loved one has been injured in a trucking
accident.
Also, do not speak
with the trucker's insurance company about your bodily injuries.
Remember, the insurance adjuster's job is to give you as little
money as possible. If you are impatient and take a quick settlement,
if you later learn your injuries require future care or you have to
miss more work than you expected, you will never get that money. You
can simply decline to talk to the adjuster, and refer him or her to
your attorney.
At the Law Offices
of Slaughter & Slaughter, we understand not only the potential
severity of motor vehicle accident injuries, but also the severity
of the impact these injuries have on the daily lives of the victim
and his or her family members. Although no amount of money can truly
compensate, we are experienced in assessing the wide range of
effects these injuries can have, and are willing to fight to get you
the most compensation the law will provide. If you or a loved one
has suffered an injury in a car accident, call The Law Offices of
Slaughter & Slaughter today.
Get a FREE consultation and an HONEST evaluation of your claim.
There is no need to
go through this alone. Whether you are in San Diego, San Bernardino,
Encinitas, Chula Vista, Los Angeles, or anywhere else in Southern
California, Slaughter & Slaughter can help. Put Slaughter &
Slaughter's experience, compassion, and tenacity to work for you.
The Law
Offices of Slaughter & Slaughter
Don't delay, call
today for more information and a free evaluation of your claim.
We serve clients
throughout Southern California, including Orange County, Los Angeles
County, Riverside County, San Bernardino County, and the communities
of La Jolla, Del Mar, Carlsbad, Oceanside, Vista, Encinitas,
Escondido, Pacific Beach, San Diego, Los Angeles, Chula Vista, and
surrounding areas.
Don't delay, call today for more information and a free evaluationof your claim.
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