Best Los Angeles Truck Accident Lawyers
Compare Top Los Angeles Truck Accident Attorneys
| Lawyer Name | CA Bar Association Status | Year Admitted to CA Bar | Law School Attended | View More |
|---|---|---|---|---|
| Dmitriy Cherepinskiy | Active | 2002 | University of California Davis School of Law | |
| Neama Rahmani | Active | 2002 | Harvard Law School | |
| Sherwin S. Arzani | Active | 2004 | University of Michigan Law School | |
| Michael A. Akiva | Active | 2006 | University of California Los Angeles School of Law | |
| Eliot Houman | Active | 2011 | Northwestern University Pritzker School of Law | |
| John F. Denove | Active | 1976 | Loyola Law School Los Angeles | |
| Sahm Manouchehri | Active | 2003 | University of Southern California Gould School of Law | |
| Raymond J. Zolekhian | Active | 2006 | Harvard Law School | |
| Joel D. Frar | Active | 2007 | University of Southern California Gould School of Law | |
| Laura Davidson | Active | 2000 | University of Southern California Gould School of Law |
Filing a Truck Accident Lawsuit in California
When filing a truck accident lawsuit in California, there are important laws to be aware of which can affect how and when you file.
California Statute of Limitations
The statute of limitations is the amount of time that an injured party has to file a lawsuit after an accident or after the cause of the injury occurs. If you are in a truck accident and are suing for your injuries or damage to your car, you have two years from the date of the accident to file your lawsuit in California.
However, suppose the accident causes severe injuries to a family member. That family member has two years to file a personal injury lawsuit, but if they die six months later, you and your family have two years from the date of their death to file a wrongful death lawsuit, since it’s the death and not the injury that creates the cause of the lawsuit.
California Laws for Truck Drivers
In California, as in every state, the laws concerning trucking are a combination of federal and state laws. Most of the laws concerning trucking are from the Federal Motor Carrier Safety Administration (FMCSA). These laws include:
- Hours of service requirements. Drivers must take breaks every few hours and must take longer breaks between driving shifts and between driving weeks. Truck drivers can drive no more than 11 hours in a 14-hour period and then must take at least 10 hours off before another “on-duty” period begins.
Drivers must also take a 30-minute break every eight hours of driving and must take at least 34 hours off from driving between each seven- or eight-day work week.
- Driver logs. The FMCSA requires that the above-mentioned breaks, as well as all stops and inspections, be logged by each driver.
These regulations apply to all trucks engaged in interstate commerce, but California has created similar regulations that govern trucks that only travel within the state. California has also banned certain types of trucks from operating in the state. Effective January 2023, any diesel vehicle over 14,000 pounds must have an engine made in 2010 or later or it will be denied registration.
Identifying Fault for a Truck Accident
In California, when it comes to auto insurance, they follow a fault-based system. This means that every driver needs to have liability insurance, which covers the damages if they’re at fault in an accident. This rule applies to trucks as well as passenger vehicles.
Say you’ve been in an accident, and you want to get compensated for your losses. These losses could be things such as medical expenses for injuries or fixing/replacing your damaged car or motorcycle. What you need to do is file a claim with the insurance company of the driver who caused the accident.
The driver considered to be at fault—as determined by the insurance companies initially—is responsible for the damages they cause.
California is one of the few states that use something called pure comparative negligence to figure out how much each party can recover after an accident. Most other states have a modified version of comparative negligence, which means if you’re 51% or more responsible for the accident, you can’t get any compensation.
In California, however, they allow anyone to get compensation no matter how responsible they were. But, keep in mind that the amount you receive will depend on how much responsibility you had in the accident.
A jury or judge could determine that you’re 90% responsible for an accident. That means that if you sue for $100,000, the most you can recover is $10,000. In states with the modified comparative negligence rule, however, you wouldn’t be able to recover anything.
How an Attorney Can Help You
If you’ve been involved in a truck accident, it’s worth considering the benefits of hiring an experienced truck accident attorney.
These professionals offer valuable assistance by advising you on your rights and providing guidance based on their experience with similar cases. They can also handle correspondence with all parties involved, including insurance companies, allowing you to focus on your recovery.
A skilled truck accident lawyer is equipped to negotiate potential settlements on your behalf and fight for fair compensation. They can gather and organize evidence to support your case during negotiations or any legal actions that may arise. In the event that settlement negotiations fail, they can take care of filing the paperwork to initiate a legal case against the responsible parties.
And if your case proceeds to trial, a truck accident attorney can represent you, advocating for your best interests throughout the process. Their expertise and support can make a significant difference in obtaining a favorable outcome for your truck accident claim.
How To Find the Best Truck Accident Lawyer in Los Angeles, California
If you’re looking for a truck accident lawyer, there are some essential qualities you should consider. Truck accidents are different from other types of auto accidents or personal injury cases, and it’s crucial to find a lawyer who is familiar with the relevant laws about trucks and interstate commerce.
- Experience. Ideally, the attorney you hire has experience with truck accident cases.
- Reputation. Word-of-mouth referrals from former clients and other lawyers can be helpful indicators of an attorney’s competence and ability to provide quality representation. It may be a red flag if an attorney can’t provide references.
- Competence. It’s crucial to find an attorney who makes you feel comfortable and confident. Your attorney is there to handle the legal side of things on your behalf, so you should feel well-represented. When you meet with an attorney, pay attention to how they make you feel and whether you feel confident in their ability to represent you.
Methodology for Finding the Best Truck Accident Lawyers in Los Angeles
Forbes Advisor ranked attorneys offering services in truck accident law within a 50-mile radius of Los Angeles, CA using data points across the categories of qualifications, experience, reputation, client experience and diversity and inclusivity. We pulled data for these categories from reliable, third-party resources such as state bar associations and individual firm websites. Data is accurate as of July 2024.
We evaluated attorneys based on the following metrics.
Qualifications (15%):
- Active business license
- Public records check
- Practice areas
- Overall reputation of law school
Experience (15%):
- Years of membership in state bar
- Ethics and bar disciplinary history
Reputation (30%):
- High regards in top legal publications
- Positive reviews
- Accolades from colleagues
Client Experience (25%):
- Free consultations
Diversity and Inclusivity (15%):
- Bilingual services
We considered only attorneys without disciplinary history who have been licensed for at least five years.
Forbes Advisor Deputy Legal Editor Jeffrey Johnson contributed to this article.
Frequently Asked Questions (FAQs) About Truck Accidents in L.A.
What role does a truck accident attorney in Los Angeles play?
A truck accident attorney can fight to secure the best possible compensation for your case. They can do this in several ways:
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- Evidence gathering. The success of your claim relies on solid evidence. Your attorney can collect and organize all relevant evidence, including photos, videos, black box data, maintenance and medical records and repair logs, to build a strong case.
- Negotiating with insurance companies. They can send a demand letter to the insurance company and engage in negotiations to help you receive a fair settlement that covers your losses.
- Court representation. If necessary, your lawyer can take your case to trial to fight for compensation.
What’s the best way to find a top truck accident lawyer in Los Angeles?
The best way to find the right advocate for you is a multipronged approach, including some of these steps:
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- Seek referrals. Ask your friends and relatives if they’ve used a motor vehicle accident lawyer they’d recommend.
- Use the State Bar of California’s Find a Lawyer service. This tool can help you locate qualified attorneys in your area.
- Evaluate the details. Review a lawyer’s experience, client reviews, case results and fee structure before making your decision.
What are the fees for hiring a truck accident attorney in Los Angeles?
Most truck accident attorneys work on a contingency fee basis instead of hourly. They receive payment only if they successfully resolve your case. Their fee—which typically ranges from 33% to 40%—will be deducted from any settlement or verdict they secure on your behalf.
What types of cases do truck accident lawyers in Los Angeles typically manage?
Truck accident lawyers in Los Angeles typically work on cases involving collisions with commercial trucks, such as garbage trucks, tow trucks and 18-wheelers. These accidents tend to be primarily caused by driver negligence, improperly loaded cargo or mechanical failures.
Here are some specific types of accidents a truck collision lawyer can handle:
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- rollover accidents
- jackknife accidents
- rear-end collisions
- underride accidents
- T-bone collisions
- head-on collisions
- wide turn accidents
- blind spot accidents
- lost load accidents
- tire blowout accidents
How much time does an insurance company have to settle a claim in California?
In California, insurance companies generally have 15 days to acknowledge your claim and send you the Proof of Loss form along with instructions on how to fill it out. After receiving the completed form, they have 40 days to accept or deny the claim. Once a settlement is agreed upon, the payment must be issued within 30 days.
