The most recent statistics published by the University of California Berkeley show there were 101 car crashes resulting in 132 fatalities or severe injuries in 2021 in Monterey, California. Many truck accident victims tend to suffer severe and even catastrophic injuries. Sadly, many do not survive the crash. When negligent truck drivers and companies cause deaths and harm unsuspecting victims, a Monterey truck accident attorney can help victims assert their legal rights and pursue compensation.
D’Amore Law Group provides compassionate and skilled counsel to injury victims throughout Oregon, California, and Washington State. Tom D’Amore received the Truck Accident Law Board Certification from the Academy of Truck Accident Attorneys, the only organization certified by the American Bar Association to grant this certification. D’Amore Law Group has handled over 2,000 personal injury cases and secured the largest truck accident verdict ever awarded in Oregon. Contact us today.
What Are the Steps in a Truck Accident Case?
Victims of truck accidents are thrown into unfamiliar and frustrating situations after a collision. They must contend with painful physical injuries, overwhelming financial stress, and complex legal claims. Many do not know what to expect or what the claims process entails. While every case is different, here are the general steps you can expect to take during a truck accident case.
Seeking Medical Attention
After the accident, seek immediate medical attention. Many victims do not become aware of their injuries until hours or even days after a truck collision, which can cause injuries to worsen in the meantime. Having a doctor evaluate you early on helps ensure injuries are properly identified and treated. Further, the medical records created during this initial visit can help establish a causal connection between the crash and your injuries.
Reporting the Accident to Law Enforcement and the DMV
Before or after you seek medical attention, report the truck accident to the appropriate law enforcement agency. California law also requires you, your insurance agent, or your attorney to report the crash to the Department of Motor Vehicles within 10 days after the accident.
Submitting a Claim to the Insurance Company
Next, file a claim with the appropriate insurance company. Typically, you file a claim with the insurance company that insures the vehicle you were in during the crash. When communicating with the insurance company, remember they are looking for ways to avoid paying you compensation. Communicate the facts necessary for them to understand what occurred, but leave out commentary or side comments such as, “It was dark outside, so I could not see very well.”
Hiring an Attorney
A truck accident lawyer in Monterey can help victims advocate for their legal rights and pursue fair compensation. Further, lawyers help victims navigate the complex and sometimes confusing claims process.
Contacting an attorney early on is essential to help you better navigate the settlement negotiation process. Often, insurance companies make offers to settle shortly after investigating the claim and try to convince the injury victim it is the best offer they can make. Many times, this is not true. An experienced attorney can negotiate with insurance companies to help you fight for a fair settlement.
Filing a Lawsuit
If the insurance company or at-fault parties refuse to provide a fair settlement, filing a lawsuit may be necessary to pursue justice. It is essential to file the legal paperwork before California’s two-year statute of limitations expires. Failure to meet this deadline may prevent you from filing a lawsuit against the at-fault party.
Please note that filing an insurance claim is different from filing a lawsuit. If you file an insurance claim within two years but wait longer than two years to file the court case, you may have missed your deadline.
Exceptions may apply that shorten or lengthen the timeline. A Monterey truck accident lawyer can help you understand and meet this deadline.
Conducting Discovery
During the discovery stage of the case, you and the opposing party exchange requests for information. At this time, you or your attorney may interview witnesses and the at-fault driver under oath. Further, you may request documentary evidence, such as trucking log books or medical records, and review physical materials related to the accident.
The discovery phase of a lawsuit helps the parties understand what led to the accident and gather evidence to support their claim and refute the opposing party’s arguments.
Negotiating the Settlement
At some point before trial, you and the opposing party may engage in settlement negotiations. The goal of these discussions is to come to an agreement without needing to go to trial. If the insurance company or at-fault parties refuse to offer a fair settlement, you may need to go to trial to increase your chances of recovering fair compensation for your injuries.
Going to Trial
At the trial stage of the case, the parties each present their arguments and supporting evidence to the court. They may also call witnesses to testify before the judge or jury. At the conclusion of the trial, the judge—if it is a bench trial—or jury—if it is a jury trial—makes the final decision about the case and the amount of compensation the victim is entitled to receive. A truck accident attorney in Monterey can help you adequately prepare for this critical stage of your case and present legal arguments on your behalf.
A Monterey Truck Accident Attorney at D’Amore Law Group Can Help
At D’Amore Law Group, we understand the challenges you face after a truck accident. You are battered and bruised, hurting, and maybe even feeling hopeless. But D’Amore Law Group can help you seek justice.
Our fierce advocates are well-known and respected and have decades of experience fighting for the rights of injury victims. Tom D’Amore is a leader in his field, having written many articles on personal injury trials and car accident claims. The Oregon Trial Lawyers Association awarded Tom the distinguished Arthur H. Bryant Public Justice Award in 2016. If you were injured in a truck accident in Monterey, contact us today to schedule a no-obligation consultation.
