Truck accidents can lead to devastating consequences, especially for those involved in collisions with large commercial vehicles like semi-trucks and big rigs. These accidents often result in serious injuries, extensive property damage, and sometimes even fatalities.
If you or a loved one has been involved in a truck accident in Bakersfield, it is crucial to understand your rights and options for seeking medical care and financial compensation.
This blog explores the common injuries necessitating an injury claim, the liability of truck drivers and companies, recoverable damages, and how a personal injury lawyer in Bakersfield can assist victims.
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Truck Accidents in Bakersfield
Bakersfield, located in Kern County, is a significant hub for transportation and logistics due to its strategic location. Major highways like Interstate 5, State Route 99, and State Route 58 run through Bakersfield, making it a critical junction for commercial trucking.
This high volume of truck traffic, while essential for the local economy, increases the risk of serious truck accidents. The dense truck traffic combined with local factors like agriculture and oil industries, which heavily rely on trucking, means accidents involving large commercial vehicles are not uncommon in the area.
Common Injuries from Truck Accident Cases
Truck accidents often result in serious and debilitating injuries due to the sheer size and weight of these vehicles. Some of the most common injuries that necessitate filing a claim include:
Traumatic Brain Injuries (TBI)
A traumatic brain injury can occur when the head suffers a violent blow or jolt. TBIs can lead to long-term cognitive, physical, and emotional impairments, affecting the victim’s quality of life and ability to work.
Spinal Cord Injuries
Damage to the spinal cord can result in partial or complete paralysis. These injuries often require extensive medical treatment, rehabilitation, and long-term care.
Broken Bones
The impact of a truck accident can cause multiple fractures, leading to significant pain, lengthy recovery periods, and potential long-term disability.
Internal Injuries
Internal injuries to organs such as the liver, spleen, or lungs can be life-threatening and may not be immediately apparent after an accident. Prompt medical attention is essential to identify and treat these injuries.
Wrongful Death
Tragically, some truck accidents result in fatalities. When a loved one dies due to the negligence of a truck driver or company, the surviving family members may file a wrongful death claim in Bakersfield to seek compensation for their loss.
Liability of Truck Drivers and Commercial Truck Companies
Determining liability in truck accidents involves examining various factors and parties. Per the Federal Motor Carrier Safety Administration and California law, liability may rest with the truck driver, the trucking company, or other entities involved in the operation and maintenance of the truck.
Truck Drivers
Truck drivers have a responsibility to operate their vehicles safely and follow all traffic laws. If a driver’s negligence, such as distracted driving, speeding, or driving under the influence, leads to an accident, they can be held liable for the resulting damages.
Trucking Companies
Trucking companies are responsible for hiring qualified drivers, ensuring their vehicles are properly maintained, and complying with federal regulations.
If a company fails in these duties and an accident occurs, the company can be held liable. This might include cases where the company pressures drivers to exceed hours-of-service limits, leading to driver fatigue and accidents.
Other Liable Parties
In some cases, liability may extend to other parties, such as the manufacturer of a defective truck part or the company responsible for loading the truck improperly.
Sources of Settlement Money for a Truck Accident Claim
Settlements for truck accident claims typically come from insurance policies. Trucking companies and drivers are required to carry substantial insurance coverage due to the potential for severe damages in accidents.
Commercial Truck Insurance
Trucking companies usually have commercial truck insurance policies with high coverage limits to handle the significant costs associated with accidents. This insurance can cover medical expenses, lost wages, and other damages.
Personal Auto Insurance
If a privately-owned truck is involved, the driver’s personal auto insurance may contribute to the settlement, depending on the policy limits and the extent of the damages.
Umbrella Policies
In some cases, large commercial truck companies may have umbrella policies that provide additional coverage beyond the limits of their standard insurance policies. These policies can offer extra funds to cover extensive damages.
Recoverable Damages for a Truck Accident Injury Bakersfield
Victims of truck accidents may be entitled to various types of compensation, depending on the specifics of the case. Recoverable damages typically include:
Medical Expenses
Compensation for medical expenses covers costs related to emergency care, hospital stays, surgeries, medications, rehabilitation, and ongoing medical treatment.
Lost Wages
If your injuries prevent you from working, you can seek compensation for lost wages. This includes both current lost income and future earning potential if the injuries result in long-term or permanent disability.
Pain and Suffering
Non-economic damages for pain and suffering compensate for the physical pain and emotional distress caused by the accident and injuries. These damages are often more subjective and can vary widely based on the severity of the injuries and their impact on your life.
Property Damage
Compensation for property damage covers the repair or replacement of your vehicle and any other personal property damaged in the accident.
Wrongful Death
In cases of wrongful death, surviving family members may seek compensation for funeral and burial expenses, loss of companionship, loss of future income, and other related costs.
How a Bakersfield Truck Injury Lawyer Can Help Victims
Hiring a Bakersfield truck accident lawyer can significantly impact the outcome of your claim. Here are some ways an attorney can assist you if you’re injured in a truck accident:
Investigating the Accident
A lawyer will conduct a thorough investigation to gather evidence, such as police reports, witness statements, and accident scene photos. They may also work with accident reconstruction experts to determine the cause of the accident and establish liability.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts. A skilled Bakersfield personal injury lawyer will negotiate on your behalf to ensure you receive fair compensation for your injuries and losses.
Handling Legal Procedures
Filing a truck accident claim involves complex legal procedures and strict deadlines. A lawyer will handle all the paperwork, filings, and court appearances, allowing you to focus on your recovery.
Advocating for Maximum Compensation
A Bakersfield truck accident attorney will evaluate all potential damages and advocate for the maximum compensation you are entitled to. They will consider the full extent of your injuries, medical expenses, lost wages, and non-economic damages.
Representing You in Court
If a fair settlement cannot be reached through negotiations, a lawyer who specializes in helping victims of truck accidents can represent you in court and present a compelling case to a judge or jury.
Providing Support and Guidance
Dealing with the consequences of a truck accident can be overwhelming. A lawyer can provide the support and guidance you need, answering your questions and keeping you informed throughout the process.
Talk to an Experienced Bakersfield Truck Accident Attorney. Contact Us Today for a Free Consultation.
If you or a loved one has suffered from a truck accident injury Bakersfield, don’t wait to seek legal assistance. Contact RTM Law Firm today to schedule a free consultation.
Our experienced Bakersfield truck injury lawyers and case managers are here to help you understand your rights and pursue the compensation you deserve. Let us handle the legal processes so you can focus on your recovery.
We have helped many truck accident victims get significant payouts for their losses. We can do the same for you.
Call us at (661) 402-3200 for a free case review. No fees until we win.
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