Determining Fault in an Accident
If you’ve been injured in an auto accident with a trucker, you may want to consider hiring a truck accident lawyer Santa Monica CA motorists recommend. If you believe the accident was not your fault, an attorney from our firm may be able to help you recover damages. In many scenarios, an attorney can help establish that the trucker was at fault and is liable for your costs.
Determining fault in an accident is a crucial step in the claims process. It establishes who is responsible for paying the victim’s medical bills and costs associated with the accident. When you hire a truck accident lawyer in Santa Monica CA, he or she may determine who was at fault by conducting a post-accident investigation. Depending on the circumstances of each case, an attorney may take the following steps:
- Interviewing those directly involved in the accident and witnesses to help determine the chain of events leading up to the accident
- Examining property damaged in the accident such as curbs, buildings, signage, and the vehicles involved
- Measuring the distance of skid marks, lack of skid marks, the final location of your vehicle and the truck in comparison to their pre-collision location
- Relying on medical reports of physical injuries for all involved parties
- Determining whether faulty parts on the truck or your car played any part in the accident
As a truck accident lawyer Santa Monica CA offers is probably already aware, not every truck and car collision is 100% the fault of one person. It might be possible that once the accident investigation is concluded, the insurance company will determine that liability for the accident is shared between you and the truck driver, known as “shared fault.”
Determining Percentage of Fault
An insurance company’s claims adjuster may make a determination of your percentage of fault for the accident. If for example, he or she concludes that you were 10% responsible for the truck accident, you would recover 90% of your damages because you would be liable for the remaining 10%.
A truck accident lawyer Santa Monica CA personal injury victims rely on can help negotiate with the insurance adjuster on your behalf. Your attorney may conduct an independent investigation of the accident and negotiate the percentage of fault accordingly. If negotiations fail, you may have to take the case to court.
An experienced Santa Monica CA truck accident lawyer can help argue your case in court. It’s possible, however, that once the insurance company realizes the case is going to court, they may opt to return to the negotiating table to avoid an expensive trial.
Commercial trucking employees are covered by their company’s insurance policy. However, if the trucker totaled your vehicle and you suffered catastrophic personal injuries, their insurance coverage may be insufficient.
In that scenario, your own insurance policy’s uninsured/underinsured coverage is intended to cover your remaining costs.
A Truck Accident Lawyer Santa Monica CA Drivers Count On
If you were injured in an automobile accident involving a commercial trucker, it may be important to have a skilled attorney on your side to help protect your rights. An experienced attorney has the tools to help you recover your accident costs. Speak with a truck accident lawyer Santa Monica CA personal injury victims can count on today.