3 FAQs About Taking Action Against a Motor Carrier

If you were seriously hurt in a large truck crash for which the driver was to blame, you’re probably going to seek compensation from the motor carrier’s insurer. As a general rule, employers are liable for any damages their employees cause while on the job. This includes commercial truckers who operate under the umbrella of the transportation company.

It’s natural to fret about going up against such a massive corporation in pursuit of damages. After all, they undoubtedly have the resources to challenge every claim that comes their way.

As long as you put together a convincing case, though, there’s a good chance you’ll be able to secure a satisfactory payout. Read on for the answers to some of the most frequently asked question about building such a claim:

1. How Do You Prove a Motor Carrier Is Liable for a Large Truck Crash?

To hold a motor carrier responsible for damages stemming from a truck accident, you must prove the driver under their employ was to blame for the crash. A resourceful personal injury attorney can investigate the circumstances surrounding the collision and gather the evidence needed to convince the insurance adjuster of the driver’s fault.

While the strongest evidence will depend on the facts of the case, it will probably include:

  • Driver’s logs,
  • Black box data,
  • Eyewitness testimony,
  • The official police report,
  • Maintenance logs,
  • Testimony from accident reconstruction experts, and
  • Footage from dash cameras or surveillance systems near the scene.

2. How Long Do You Have to Take Action Against a Motor Carrier?

It’s wise to get your case underway as soon as possible because you have a limited amount of time to proceed to court. If the insurance adjuster challenges some aspect of your claim or is otherwise uncooperative, you may have just two years from the date on which the accident occurred to file a formal lawsuit.

That’s the standard statute of limitations for personal injury actions in California. It’s important to note, however, that there are a few exceptions to this filing deadline that can shorten or extend it considerably. As such, it’s in your best interests to call an attorney and start compiling your case right away.  

3. How Can You Support Your Legal Team’s Efforts Over the Course of the Proceedings?

Once you enlist legal help, you’ll be able to focus on your recovery while your claim proceeds in good hands. There are, however, a few ways you can still help your lawyer along the way. For example, you should make it a point to:

  • Preserve all documentation that corresponds to your injury-related expenses,
  • Limit your social media activity,
  • Follow all medical advice,
  • Refuse to give a recorded statement, and
  • Refer all correspondence from the opposing party to your legal team.

Speak with a California Truck Accident Lawyer

At Harris Personal Injury Lawyers, we’re proud to advocate for those who have been wronged by others. If you were seriously hurt at the hands of someone else, we’ll use all the resources at our disposal to help you seek justice. To set up a free, no obligation consultation with a truck accident attorney in California, fill out our Online Contact Form or call 1-800-GO-HARRIS.