It can be hard to know what to do after a truck accident. The injuries are often severe, the medical bills keep rising, and the stress of lost income can quickly build. Everything feels overwhelming.
Over our 20 years of providing truck accident legal help, we’ve seen how challenging it can be for folks just to take the first step to pursue compensation. That’s why we’ve put together this truck accident lawsuit guide. We hope it gives you a roadmap forward. Remember, you don’t need to take on this journey alone. At Henderson Law, we are here to help.
Prioritize Your Safety and Health
Your primary focus after a truck accident must be your well-being. Even if you feel capable of walking away, truck accidents often cause hidden injuries such as:
- Internal bleeding,
- Brain trauma, or
- Spinal damage.
Not only does a prompt medical evaluation protect your health, but it also creates the medical documentation required for any injury claim.
If you can do so safely, move yourself and others out of immediate danger and call 911 so that law enforcement and medical responders arrive at the scene quickly. Police reports serve as critical evidence later in your case.
Gather Evidence at the Scene
Evidence fades fast after a collision, so try to collect details before vehicles are moved or debris is cleared. Take photographs of:
- Vehicle positions, including the truck and your car;
- Skid marks, road conditions, and surrounding traffic signs;
- Visible injuries sustained by you or your loved ones; and
- License plates and identifying markings on the truck.
Obtain contact information from witnesses who saw the crash. Record the truck driver’s name, employer, and insurance company. Trucking companies often move quickly to protect themselves, so the information you preserve at the scene may become vital.
Report the Accident to Authorities
California law requires that accidents involving injury or death be reported to the California Highway Patrol or local police. You must also notify the Department of Motor Vehicles within 10 days if the crash caused injury, death, or property damage exceeding $1,000. Filing these reports preserves your compliance with state requirements and strengthens your claim.
Notify Your Insurance Company
You should report the accident to your insurance company as soon as possible. Provide only the basic facts and avoid speculating about fault. Insurance companies may attempt to use your words against you. At Henderson Law, we help you prepare these communications so your rights remain protected.
Seek Truck Accident Legal Help Early
Truck accidents can differ widely from standard car crashes. Commercial trucking companies and their insurers deploy aggressive defense teams immediately after a collision. They work to limit their financial exposure while you are still recovering from trauma.
When you contact us early, we take immediate steps to preserve black box data, driver logs, and maintenance records before they can be lost or altered. We also manage communication with insurers so you can focus on healing.
Calculate the Full Extent of Your Losses
Compensation in California truck accident cases goes beyond immediate medical bills. You may be entitled to damages for:
- Current and future medical treatment, including surgeries and rehabilitation;
- Lost wages and diminished earning capacity if you cannot return to work;
- Pain and suffering caused by lasting injuries;
- Loss of companionship or support if a loved one has died; and
- Property damage to your vehicle and belongings.
We work with medical experts, financial specialists, and accident reconstruction professionals to create a complete picture of your losses. We ensure that your truck accident settlement reflects the full cost of the accident.
Filing a Claim and Pursuing a Truck Accident Settlement
To begin the process, we file a claim with the responsible party’s insurance company. The insurer may respond with a settlement offer, but initial offers often fall short of covering long-term needs. We negotiate directly with insurers, using the evidence we have gathered to support the full value of your claim.
If the insurance company refuses to make a fair offer, we are prepared to pursue litigation. Taking a case to trial requires skill, preparation, and the willingness to fight aggressively in court. Our record demonstrates our commitment to securing substantial verdicts for our clients.
Be Aware of Deadlines for Truck Accident Claims
California law imposes strict deadlines for filing truck accident claims. The statute of limitations for most truck accident injury cases is two years from the date of the accident. If a government entity played a role, the deadline may be shorter. Missing these deadlines can bar you from recovery, so timely legal action is essential.
Understand Liability in California Truck Accidents
Truck accident cases in California involve more than just the driver. Liability may extend to:
- The trucking company, for negligent hiring or poor maintenance practices;
- The manufacturer of a defective vehicle part;
- A cargo company that loaded freight improperly; and
- Contractors responsible for road design or maintenance.
We investigate each potential source of responsibility because a thorough review often uncovers multiple liable parties. The broader the liability, the greater the potential for securing the full compensation you deserve.
What to Do After a Truck Accident with Fatality
When a truck accident causes the death of a loved one, the surviving family may pursue a wrongful death claim. Compensation can include funeral expenses, loss of income, and the emotional loss of companionship. We approach these cases with compassion and dedication, understanding that no amount of money replaces your loved one but that financial security can ease the burden of moving forward.
Take the Next Step Today
If you or your loved one has been injured in a truck accident in California, we encourage you to contact us as soon as possible. Early action preserves evidence, strengthens your claim, and relieves the stress of dealing with insurers on your own.
At Henderson Law, we stand ready to protect your rights and pursue the justice you deserve. With over 20 years of experience and more than $10 million recovered for our clients, we have built a reputation for results. Michael Henderson’s recognition as a member of the National Trial Lawyers Top 100 Injury Trial Lawyers reflects our standing in the legal community.
When we take your case, we promise to listen to your needs, keep you informed, provide a realistic assessment, and work tirelessly for the best possible outcome. Our mission remains simple: we fight, so you don’t have to.