Decades of overwhelming wins for our esteemed clients
Did you sustain injuries in a truck accident? Reach one of our seasoned truck accident attorneys and have your questions and concerns considered for free.
You have the right to seek compensation from the trucker, the trucking company, and their insurance companies that were responsible for the truck accident in which you got injured. But do you think that they will not sit back and watch you come for them? Definitely not. Rather, they will wage war to make sure that you don’t get a penny from them if possible.
As soon as they become aware that one of their trucks has been involved in an accident, the first thing that they would do is to send people to take the truck away from the scene. They have their own investigators whose job is to “kill” your case as soon as possible. They will arrive at the accident scene of the truck accident as fast as possible and haul their truck away. Afterward, they will wipe any evidence that there was any blame on their truck.
If you persist, they will send, not just one but a bunch of truck accident lawyers to your front door. They will try to trick you into admitting that you were to blame for the truck accident. If you are clever enough, they might offer to settle the matter out of court. However, their offer will not be out of the goodness of their hearts. They might paint for you a gloomy future of going to court for several years and say that you might not get a penny in the end. After that, the insurance company for the truck owner will send their people to make an offer to pay you compensation. If you are quick to sign anything you might end up settling for much less than you are entitled to.
What if you had someone on your side? What if you had an attorney and investigators of your own? What if your attorneys have decades of experience dealing with such people and we are used to such dirty tricks? Would you stand a better chance of winning your compensation?
Well, you sure do. You are just one phone call away. We at Benjamin Law Firm have veteran attorneys in handling truck accident cases whether they end up being settled out of court or even when the procedure to court. We also have our own investigators who can rush to the scene of an accident and start taking care of your rights therefrom.
Afterward, you can focus your attention on your recovery while our attorneys go after these sly people on your behalf. And in the meantime, as you continue emptying your pocket and paying for your medical expenses, we won’t bother you by demanding payment for our fees.
We can have a free consultation and you will tell us about your financial situation. If you cannot afford our attorneys’ fees, don’t worry. We can still take up your case. You heard that right. We can wait until we win the case for you and when you are paid your compensation, we can then deduct our fees from there.
But what if unfortunately, we don’t win? Will we still come knocking on your front door demanding our fees? No. If we don’t win that is it. You won’t have to worry about paying us our legal fees.
Benjamin Law's truck accident Legal practitioners are nationally known as leading experts in the industry. We are seasoned in obtaining the justice that truck injured truck accident victim is entitled to. We have obtained mind-blowing amounts in millions in rulings for our clients who had gone through the misfortune of a serious commercial truck accident. We are dedicated to obtaining the compensation for you and also for those whom you care for.
Tons of money secured as settlement for our esteemed and deserving clients
After experiencing an awful encounter with a truck, all you want is to have your case in competent hands. Accidents involving commercial trucks and tractor-trailers can be more frustrating as well as complex than a typical car accident. As a result, matters of this kind are best dealt with by attorneys with years of knowledge and who have a successful track record in cases of this nature.
Benjamin Law Firm is exceptional. We have specialized in these complicated, highly demanding cases having spent decades taking our clients through this fulfilling path. Our notch truck accident lawyers have fought massive trucking companies head-on, to enhance compensation rates for our injured clients due to acts of negligence of those responsible – the truck drivers, truck owners, and their insurers.
We are committed to a relentless pursuit of victory for our clients. As such, every Firm member is an expert in this field.
Here is why Benjamin Law Firm should be your first and only choice
Our top-tier accident lawyers have remarkable expertise that is acknowledged throughout the country. They are respected industry leaders countrywide. Big Ben Lawyers truck accident lawyers have been rated the as best throughout the nation.
Our truck accident lawyers are respected industry experts, and we are frequently asked to talk about the most recent legal developments on truck accident laws across the country. Therefore, let us put our experience to use for you.
We are more than willing to come to you in the event that you are seriously injured and unable to reach us physically. We acknowledge the fact that you are going through a trying time, and we must do everything in our power to ensure that the payment you received is equivalent to and beyond the injuries and losses you incurred after the serious truck accident. There exist a ton of truck accident attorneys. It is vital that you make the right choice – and that is us.
We achieve greatly and deliver mind-blowing results to our clients
Our reputation should be enough to show you how relentless we are in securing only that which is in our client’s best interests.
It is likely that an insurance company will provide you with a large enough payout to cover all of your accident-related medical expenses. However, we are here to ensure that you don’t sign the deal. Even if your medical bills are in the hundreds of thousands of dollars, your damages in connection with the accident are substantially more.
If you file a truck accident claim, you may be eligible to receive damages for lost wages due to your inability to work following the truck accident. If you are still unable to work by the time your case is resolved or goes to trial, you may be entitled to compensation for future lost wages. If the accident rendered you permanently incapacitated and unable to work, you may be eligible for compensation for the income that you would have earned if you had not been incapacitated.
For your sake, we will not settle for less with an insurance company. Our joy is in getting you what is rightfully yours. We are ready and willing to fight for your rights in court if you can unleash us to do so.
Here are the main reasons why car and truck accidents are unlike car accidents
You can hardly spot similarities between these two types of road accidents. In addition to the fact that the sizes of the subject matter are different, the operators are governed by a unique set of regulations with some strictly applying to each. As such there are federal regulatory requirements that the average car driver is exempt from.
Truck drivers, for example, are not permitted to drive for long especially if coming from another long and intense shift. However, many disregard this stipulation so as to complete tasks or receive monetary incentives from trucking companies.
Here are some of the ways in which truck accidents are different from car accidents:
- Multiple parties could be held liable: In most car accidents, the drivers are without doubt the ones who are first to be blamed for the accident. However, when it comes to trucks, there may be other parties involved apart from the driver; like the trucking company, the car manufacturer, as well as the company responsible for parking goods for transit.
- Costly insurance for trucks: The costs you are likely to incur in securing an insurance policy for a truck are a lot more than those in traditional auto insurance. This means that insurance companies would go to any heights to shift liability on the driver of the car in order to avoid a large payout.
- Serious injuries: when the automotive is large, the severity of the bodily injuries is massive. This results in devastating hospital costs, life-altering injuries, and even loss of lives. Truck accidents are fatal and extremely draining.
Further, as a professional driver, you're more accustomed to the way other automobiles handle roads. As a result, you can anticipate their movements and avoid collisions before they occur. The same isn't always true when it comes to trucks. Because there are generally lesser of them on the highways at any given moment, you have less practice avoiding truck accidents.
Worse still, because trucks are more unpredictable and are handled differently than passenger vehicles, you may inadvertently drive into their path, even if you believe you are driving properly. As such, it is critical to consult with a truck accident lawyer who has the expertise in the field and even better holds a track record that suffices in protecting your interests as well as defending your interests.
Why do you need a truck accident lawyer for your case?
Remember what we said at the beginning? How do truck owners tend to send intimidating people after you so as to get you to give up on your case or settle for much less? Well, that is just the tip of the iceberg. In order to win your case, there are a lot of things that need to be made happen.
Importance of investigation
First of all, there is an investigation. The investigation is conducted on those who might be responsible for the accident. As said earlier, there are other persons apart from the driver of the truck who could be responsible for the accident. These persons can include the owner of the truck, third parties, and the truck manufacturers.
But can’t I just skip the investigation? Sure, you can. If you want to lose. Without a proper investigation, you might end up suing the driver and the owner of the truck. However, it might later turn out that you sued the wrong person.
What is wrong with that? Can’t I just turn back and sue the right person? Depends. Ever heard of a statute of limitation? In California, the statute of limitation is 2 years. In other states, it's more or less the same amount of time. Therefore, if you spent more than 3 years suing the wrong person, it would be too late to turn back and sue the right person. Then you won’t receive a single penny in compensation. Therefore, investigation at the beginning of the case is that important.
Also, the investigation will unearth the evidence that you will use to prove your case. If you do not have evidence to prove your case, there is nothing that the jury can do. The court is not in the habit of listening to soapy stories and dishing out compensation. Rather, the best that the court can do is tell you that “We sympathize with your situation but there is nothing we can do. Our hands are tied unless you have evidence to prove your case” … or something of sorts. Of course, they won’t use these exact words. They will say “case dismissed”. A little too blunt.
Therefore, you need to arm yourself properly. You need to have for yourself: relentless investigators, evidence, expert witnesses, and someone who can use all this arsenal to nail the target – and that is a seasoned truck accident lawyer who can cleverly utilize discovery techniques and present your case in court until the jury has no choice but to smother you with compensation.
What will our investigation entail?
At the crash site, we will photograph the accident wreckage and any other thing that might be instrumental in gathering facts on the cause of the crash. Further, police statements, trucking records, eyewitness testimony, and photos will all be obtained by our investigators. We'll guard the internal information box which is referred to as a Black box. It contains important details about the truck.
Further, as your lawyers, we will secure favorable deals with the insurance companies. We are frequently able to reach an agreement with an insurance company to get compensation for your injuries. We achieve this by putting together a solid case that shows the insurance company that we are willing to go to court if necessary.
If necessary, we may file an appeal. We can take the case to a higher court if the judgment is not in your favor. We are relentless in our pursuit of a win. Upon seeking our top-tier services, we will do everything in our power to win for you.
Professional opinion from relevant experts
Benjamin Law trucking accident lawyers have long-standing associations with specialists and investigators in the transportation business. These experts can look into the material points of focus in your situation and assist us in developing a successful trial strategy. Engineers, medical practitioners, accountants, and wreck site deconstructionists will collaborate with us to build the strongest case possible.
Remarkable expertise in accidents cases
Experience is important in vehicle crash cases since they differ significantly from car accidents and other forms of claims arising from personal injury. As such, daily operating hours, high maintenance and inspection standards, and other protocols on safety are vital. The reason for the need for experience in handling truck accident claims is due to the complicated collection of laws and regulations that truckers and the entire transportation industry is obligated to adhere to.
Benjamin Law’s tractor-trailer accident lawyers are well-versed in these dynamic guidelines. We'll see if a traffic violation like this had a role in your accident, and if so, we'll capture the operator at fault and/or organization responsible.
What is the cost of securing legal representation?
Our law firm works on an arrangement where truck accident victims don’t have to pay immediately. That is, the lawyer gets paid if your case is settled in your favor. As a result, everyone can acquire the greatest legal representation available. It provides everyone with equal opportunities to benefit from legal representation be it insurance firms, or other entities that might be dragged in the matter.
It is heartbreaking to be involved in a trailer accident. Your injuries could be fatal, and medical bills could get very costly. If your cover can’t cater to all the expenses, it can get difficult for you to resume your normal routine. We're here to assist you.
Do you have a case worth winning?
Most truck accident victims from time to time ponder about suing the truck driver and the owner of the truck for compensation. Mostly due to the medical bills that keep piling up. Also, as the victim might not be able to work and earn an income due to the injuries sustained from the truck accident, they start thinking of filing truck accident lawsuits in court. However, an immediate thought comes to mind? Can I really win? They can ask for advice from friends, coworkers, family members, etc.
All these ‘consultants’ are always willing to give their advice, as wrong as may be. If the victim relies on wrong advice, then the case might end up being unwinnable or the victim might settle for a pitifully small compensation. Therefore, why not ask a truck accident lawyer who can advise for free? Especially one who does not charge compensation until you win the case?
FAQS on truck accident concerns and how we usually respond
When an accident causes significant damage, you may receive many calls from trucking and insurance companies asking for additional information. This can be worrisome because you’re worried that what you say will lead the insurance adjusters to believe you’re to blame for the accident.
In fact, when you have no idea what happened, a competent adjuster could persuade you to say the wrong things on purpose. It’s considerably more stressful if you’re also dealing with major injuries and the associated financial losses. Never agree to give the trucking company or the insurance company a recorded statement.
Also, ensure that you don’t sign any paperwork that the shipping business sends you. Contact us for any concerns you may have and we’ll review any papers they provide you. A Benjamin Law lawyer will be instrumental in defending you in your truck accident case, simply inform everyone who calls to contact us as we will be ready for them.
You should be cautious when driving because there are more trucks than consumers turn to shop online to get their things delivered. There are several preventative measures from crashing onto trucks they include:
- If you’re close to a truck, stay vigilant. They might not notice your vehicle when they get off their lane with unpredictability.
- Avoid parking your car for a longer duration or attempting to overtake the truck in such close proximity.
- Avoid making a sudden stop or attempting to take other lanes inappropriately when a truck is right behind you. Unlike a car, the truck takes longer to stop.
- Keep your distance. Do not drive from a point where the truck operator can hardly see you.
- Always keep your speed constant
- If you see a careless truck driver, remain at a safe distance and contact law authorities immediately.
Tractor-trailer collisions have a variety of causes. When a huge vehicle crashes head-on, with a pedestrian, car, motorbike or truck, major injuries or death are nearly invariably the outcome. Due to the carelessness/negligence or even recklessness of truck drivers, huge trucks, are frequently involved in fatal accidents. Driving a commercial motor vehicle necessitates a special license.
The operation of commercial trucks is governed by government rules. Accident investigations, on the other hand, demonstrate that guidelines and rules are regularly broken. If you sustain injuries arising from an accident, you may be entitled to compensation for expenditures and other damages.
Benjamin Law’s legal team has assisted devastated victims all over California to acquire the justice much deserved in a timely manner. For a smooth transition from your pain to restoration, please contact us immediately.
Not understanding the specifics of your auto accident, makes it difficult to estimate an accurate timetable. Every collision situation is unique; in certain circumstances, the complaint can be resolved in a relatively short time, and while some, it may take several years to resolve. However irrespective of the duration before resolving your matter, you can rest assured that our able truck accident attorney shall keep in touch from the first to the last day. We’re happy to answer any queries you may have.
The Law allows for a two-year duration from the material day. However, after the accident, it is important to contact a lawyer as quickly as possible. Important documentation such as vehicle safety regulations and vital documents might be easily misplaced or ruined. Our truck accident lawyers are more than willing to help you out. We operate with the guiding principle that states, ‘justice delayed, is justice denied.’ Ensure to reach us early enough so that we can avail you of the restoration you deserve.
In as much as you have a legal right to compensation, obtaining such compensation may be a headache because transportation accidents sometimes include many culpable entities, and insurance which provides insurance cover. You’re more at risk of being forced to give up a reasonable deal if you don’t have legal representation. Trucking corporations generally have deep pockets, including legal teams to fight any case you might file.
After a truck accident, the best approach to safeguard your rights is by avoiding any sort of engagements with insurers until you’ve spoken with an expert who will ensure that justice is delivered on time.
At the crash scene, ensure to:
- Keep calm and stay in the car as long as it’s safe.
- Ensure hazard lights work and are on.
- Underestimate no injuries, ensure to call 911.
- Ensure you and your passengers get medical attention.
- Ensure to stay at the scene till it is safe to leave.
- Acquire the credentials of all the involved parties
- Note down vital credentials of the police who are present on site.
- Shoot photos of the vehicle and all other relevant things at the scene.
- Never admit fault only talk to the police and your insurance company. It is not your obligation to give information to anyone that’s not your insurer or lawyer.
The following measures are vital after a crash has happened.
- Secure a duplicate of the crash report from the police.
- Secure a property damage valuation from your insurer.
- Ensure to remember all the appointments and treatments you receive, as well as any signs you may be experiencing. Obtain all copies of pharmaceutical prescriptions, therapies, and all the necessary information on your medical condition that may be relevant.
- Keep a careful record of all your expenditure.
- Keep track of days you couldn’t go to work and how much you lost in terms of missed wages.
- Avoid any settlement offers from an insurer without first consulting an experienced truck accident lawyer.
As a matter of fact, Insurance companies collect information from the truck drivers involved in an accident and analyze police reports and other evidence. They determine who is at fault and the amount the other party deserves in compensation. Upon making this determination, they make will make an offer to you regarding what they think is the compensation that you deserve, through a letter. This is where you should be careful because the moment you accept the settlement amount stated in the letter by signing the offer letter, you immediately waive the right to sue for compensation in court.
Therefore, do not be tempted by the dollar amounts that they have offered in their letter as compensation. Instead, first, you need to consult a truck accident lawyer who has experience in handling truck accident claims for advice before signing the offer letter. You might decide to accept the amount offered by the insurance company when in fact you could have suffered some internal injuries that you are not aware of. These internal injuries might start to manifest later. However, by that time, you would have signed away your right to sue and settled for a lesser amount than you would have been entitled to if you had consulted the right truck accident lawyer.
The vehicle operator, the company they work for, and the truck owner may all be held accountable in a truck accident. In other circumstances, the facility or organization in charge of the trailer’s contents may be held liable. Because each situation is different, consulting with a lawyer is the best method to figure out who is to blame.
Let us take an example of an accident where a truck due to an accident injured somebody (the victim). In such a situation, it would be automatically assumed that the driver of the truck and the company which owns the truck is to blame. however, it might later be discovered upon further investigation that there was a manufacturing defect on the truck which caused the accident. In such a situation, the truck manufacturer would be sued under product liability laws.
If there were dangerous yet preventable conditions on the road, the city may be held accountable; this is known as premises liability. For the same accident, some wounded individuals file claims against many defendants. As a result, we provide complimentary consultations to interested persons.
Here are the reasons why tractors cause accidents often happen
Large vehicles cause collisions for a variety of reasons. Often, the cause is the truck driver's or trucking company's negligence or recklessness, such as:
- Driver exhaustion
- Driving aggressively
- Driving while distracted i.e., picking calls while driving
- Driving when inebriated
- Inadequate tire and brake inspections
- The inclement weather
- Loads that aren't secured or trucks that are overburdened
According to the latest figures, 333,000 heavy truck accidents happened in the United States in a single year. These accidents resulted in the deaths of 3,921 persons and injuries of about 105,000 more.
What are the criteria for securing damages after an accident?
These collisions can result in a wide range of catastrophic injuries or even death. People who have been hurt will have a lengthy, painful, and costly recovery ahead of them. The following are some examples of financial losses that a victim may suffer:
- Loss of income
- Reduced earning potential
- Expenses for medical care and therapy
- The expense of a funeral
These, as well as other considerations, are considered while deciding remuneration. You can thus be penalized in two ways: economically and non-economically. Incurred expenses as a result of the accident will be covered by economic damages.
This includes, present as well as anticipated expenses, missed wages, reduced earning ability, and burial expenses. Damages that don’t fall under the economic category are intended for the victims’ family losses suffered as a result of the accident. These losses could be, mental distress, among other losses. Damages with the aim of punishing the offender may be granted in exceptional circumstances if the defendant's actions were unreasonable, or plainly out of malice. Damages of this kind are intended to teach the perpetrator and deter such actions in the future.
The injuries and expenditures incurred as a result of a trailer accident are rarely covered by insurance. Vital entities such as leasing corporations frequently try to avoid paying victims by opposing their insurance claims. These entities frequently employ strategies that might exacerbate the pain in addition to the expenses that accompany being involved in a truck-related accident.
When talks fail to result in enough compensation for victims, filing a complaint is the best option. Our able truck accident lawyers have helped clients recover huge sums that ensure they are effectively restituted.
Who is held liable for trucking accidents?
It would help if you want to consider a wider range of potential defendants when determining who is to blame for your truck accident.
a. The driver of the truck
The driver of the truck is the most immediate person to be blamed for the accident because he/she might have acted in a manner that caused the accident by perhaps violating some driving regulations.
b. The company which owns the truck
Where the vehicle's driver worked for a trucking firm, they might be held accountable. They're in charge of recording and monitoring information about the truck driver, which includes background checks, rest period scheduling, and other relevant information.
Commercial truck companies engage a middleman to seek out drivers and then make an introduction between the commercial trucking companies and the drivers who will then perform cargo transportation. Therefore, if the accident that you were involved in was a truck accident while riding in a vehicle rented by the middlemen, your truck accident attorney would need to be informed of whether they carried out the necessary diligent investigation into the driver before recruiting, as well as how much they were in charge of scheduling driving shifts, routes and all the related information.
d. The manufacturers of the truck
Where the truck accident was brought about by a malfunction of the truck or another problem involving one of its parts, you may be able to hold the company which manufactured the truck liable. Furthermore, where the company which owns the truck or individual truck driver failed to service the truck and have it fixed on a regular basis, they may be held accountable for a defective part(s). Large truck accidents can be tricky, and you'll want to know whom to blame among the potential defendants mentioned and discussed above.
Insurance coverage is carried by the drivers of the trucks, their employers and truck drivers, and even the middlemen mentioned above. This implies you may be entitled to compensation from multiple sources. Hiring an expert attorney is essential to ensuring that you get the most damages/compensation for the injury sustained in the truck accident.
Crashes as a result of wrongful recruitment
To prevent truck accidents, the governments have enacted a slew of regulations governing the best ways to service, how recruitments are done, and more. When a trucking business or a middle man tries to save money by not doing an extensive background check. It might lead to a road accident.
It's critical to select a lawyer who has access to the relevant specialists and make all the relevant inquiries to determine whether your truck accident was caused by poor recruitment procedures or routine maintenance.
They'll be on the lookout for stuff like:
- Tire tread that is not even.
- Mechanical issues
- Logs of maintenance that aren't complete
- The at-fault truck driver's training and work history
- The truck driver's criminal record and background
Countrywide truck Crush Statistics
Large truck collisions can be deadly if you're driving cars that are not for commercial purposes. Large trucks can be 30 times heavier than conventional cars, making it difficult for them to brake while maintaining other safety systems. The 2019 statistics from the US Transport Department are as follows:
- Persons in cars that are solely for passengers, are more likely to die in a truck accident.
- In 2019, truck accidents accounted for eleven percent of all fatal car accident.
- Truck crashes happen on main highways account for 52%, expressways for 32%, and lesser roads for 15%.
How to prove negligence in a Truck Accident Case
It is important to have evidence so as to establish that the truck driver and any other person sued in a truck accident are liable.
It is this evidence that will enable our truck accident attorneys to prove the conditions necessary to establish that the defendants acted in a negligent manner hence leading to the accident in which you were injured.
The conditions necessary to the proved in order to establish that the defendants were negligent include:
- That there was an existing duty placed upon the defendant to ensure that the trucks were safe and did not pose any danger to other road users including yourself.
- That, however, the defendants disregarded this duty by failing to take the necessary precautionary measures so as to avoid injuring other road users.
- That as a result of such disregard of this duty to other road users, a car accident happened in which you sustained injuries and losses.
One way to establish all these conditions in court is through:
- Showing that the truck was overloaded at the time of the car accident
- That the driver was drunk while driving the truck
- That the truck driver crossed the road while there was a red light on
- That the truck was purely maintained and repaired
- That the truck driver had been driving for a period of over 10hrs before the accident without any rest break
- Driving in the wrong lane of the road
Basically, traffic safety laws impose the duty on the driver and the owner of the truck. By disregarding any of these laws, you can use the fact that the driver of the truck was in violation of some requirement of the law to show that the driver disregarded the duty to ensure the safety of other road users.
Now that you have shown that there was some duty on the defendants to avoid posing risk to other road users and the defendants disregarded this duty, the next thing is to prove that you suffered injuries and losses. Injuries in this context relate to the injuries sustained during the accident while losses include the expenses that were used after the accident, including expenses on medical bills, repair of your motor vehicle, lost income for the period when you were unable to work, etc.
In the case where the manufacturer is being sued for manufacturing a defective truck, the same conditions for negligence mentioned above will also have to be proved.
You need not scratch your head about all these legal mumble jumble, it is for the truck accident attorneys whom you hire to sort all these out. But in order to do so, they need evidence. For instance, photos or videos of the truck accident scene might be able to show that the driver was driving carelessly or recklessly and how it ended up hitting you or your motor vehicle. Photos of your injuries together with the doctor’s treatment notes will show the injuries that you sustained. The receipts from the hospital of some bank statements will show the expenses that you spent on medical bills. And that is how you prove your case – evidence.
The ball is now in your court
As they often say, the ball is now in your court. You now know what we can do for you. It is now up to you to reach that phone and dial this number +1 818-423-4878. We are waiting at the other end of the line. And we are ready to score as soon as you pass the ball.
Let us worry about getting you the compensation while you worry about your much-needed recovery. Make the call all now.
Schedule a Free Initial Consultation
We can come to you!
Call and ask about our home visits.