In any personal injury lawsuit, it is necessary for the plaintiff to prove fault and liability. These are two important components when it comes to any injury claim. San Francisco truck accidents are no exception. If you have been injured in a San Francisco truck accident, you will need to prove fault and liability in order to pursue compensation for your losses. Unfortunately, it is common for truck drivers to deny responsibility and for their insurance providers to fight any and all claims made by the victims. An experienced San Francisco truck accident lawyer can help gather evidence, determine liability, file a personal injury claim and help victims obtain the compensation they need and rightfully deserve.
The physical and circumstantial evidence you gather in the aftermath of a truck accident can strengthen your case tremendously. In addition to gathering the contact information from the truck driver and any witnesses, there are a number of steps you can take to collect and preserve valuable evidence at the scene. If you do not have a camera in your car, or a cell phone with a camera, call a friend to visit the crash site and take photos. The more photos you can take, the better. You will want proof of where the crash occurred, how the vehicles were positioned, what the damage to the vehicles looked like and what your injuries looked like immediately after the accident.
In addition to photos, you should write out your recollections of the accident. Having your written notes of exactly when, where and how the accident occurred can help. It will also be in your best interest to obtain a copy of the police report. A skilled truck accident attorney will also be able to request an inspection of the truck and the trailer, collect evidence from the truck’s data recorder, and examine the trip inspection report as well as the driver’s log.
There are a number of ways in which your case can be bolstered during the investigation. It will be necessary to prove that the truck driver was negligent at the time of the accident. If, for example, the authorities cite the driver for being under the influence or for a traffic violation, it will help you case.
A knowledgeable truck accident lawyer will know how to get to the bottom of a number of important liability questions. When was the last time the truck was properly inspected? Were the tires, brakes and other components properly maintained? Who was responsible for loading the cargo? Did the trucking company properly review the truck driver’s experience, driving record and criminal background before hiring him? When was the last time the truck driver took a break? Did the truck driver take a break for over 10 hours before returning to work? Did the trucking company encourage the driver to violate federal regulations to meet unreasonable deadlines? Was there a pattern of falsifying the number of hours worked in order to meet unrealistic deadlines?
Insurance Claims and Civil Litigation
Ideally, injured San Francisco truck accident victims will receive fair compensation for all of the losses sustained such as medical expenses and lost wages. Unfortunately, simply requesting fair compensation through an insurance claim rarely results in an adequate settlement offer, especially in serious injury cases. It is common for inadequate settlements to be offered or for a claim to be denied completely. In such cases, the injured victim may have to file a civil lawsuit against the at-fault parties. Many cases result in lawsuits against many liable parties.
The experienced San Francisco truck accident lawyers at Bisnar Chase Personal Injury Attorneys have a long and successful track record of helping injured victims and their families secure fair compensation for their losses. We will help hold negligent truck drivers and trucking companies accountable. Please call us at 415-358-0723 or contact us to find out how we can help you.