Quirk Accident & Injury Attorneys represents anyone that’s been injured in a Thousand Oaks truck accident. Any truck accident is going to cause you some level of injury, whether it’s a minor collision or a more serious one. Oftentimes, though, you’re facing broken bones and other problems that you need to deal with. Our team can help you through this process. Contact us today for a free consultation to get started.
Do You Need a Lawyer?
For as confusing and difficult as a truck accident can be, you’re not actually required to get a lawyer. That said, the reality is that you’re going to need all the help you can get if you have broken bones and other injuries to deal with. Here’s how our team can help you in this situation:
- Explaining your options and what your choices are
- Gathering medical records and other evidence to strengthen your claim
- Investigating what happened to figure out who’s at fault
- Filing an insurance claim and then negotiating for a fair settlement
- Filing a lawsuit if needed
Recovering from broken bones can be challenging and could very likely impact your work and daily life. In California, you don’t have to hire a lawyer to file an injury claim, but having our team can make the process smoother and less stressful for you and your family.
What Are Some Common Broken Bones You Might Get in a Truck Accident?
When you think about the huge size and other dangers that are present when you’re on the road with a big rig or any other large truck, it’s not all that difficult to see how accidents happen–and you might experience injuries and broken bones. But the type of fractures or broken bones you go through depends on the circumstances, and there’s no real way to predict what will happen. That said, there are some common broken bones that happen in these accidents:
- Broken arms – In truck accidents, people often break their arms if they reach out to protect themselves during the collision.
- Broken legs or ankles – Truck accidents can break your thighs or lower legs, especially if the force of the truck hits them directly or traps them under heavy parts of the vehicle.
- Pelvic fractures – The strong impact from a truck accident can cause serious breaks in your pelvis, which might require surgery to repair.
- Broken hips – If you’re not properly positioned in your seat during a truck accident, the accident can cause your hips to break.
- Broken ribs – In a truck accident, your ribs can break from a hard hit to your chest, leading to pain and making it hard to breathe.
- Spinal fractures – Severe truck accidents can break your spine, causing long-term problems and possibly damaging your spinal cord.
- Skull and facial fractures – Head injuries in truck accidents can break your facial bones or skull, increasing the risk of brain injuries.
- Broken collarbones – During a truck accident, your collarbone might break if the large truck hits your chest or shoulder.
It’s incredibly unfortunate being in a truck accident, but it takes on added significance when you have broken bones and other serious injuries. This makes the legal process very important to your overall recovery, so understanding how it works is crucial.
Who Pays For Damages in a Truck Accident With Broken Bones?
Any way you look at it, being in a truck accident is going to cause some damage. When you have broken bones, it raises the stakes quite a bit. But the starting point of the claims process is figuring out who’s at-fault for the accident–which also tells you who pays for your damages.
While the process of determining liability is the same as in any accident—where the party at fault is responsible—the nature of truck accidents can mean several parties are potentially liable, such as:
- The truck driver
- The company that the driver is working for
- The company that loaded the truck
- The owner of the truck, if it’s not the company or the driver
- The party responsible for taking care of the truck’s maintenance
- The truck maker themselves
- The manufacturer of a specific part, in cases of equipment failure
The cause of your particular accident is important for figuring out who will pay for your damages. If the truck driver caused the accident by speeding or driving under the influence, the driver or their employer could be at fault. But if the accident happened because of a tire blowout or improperly loaded cargo, the company that made the part or loaded the truck might be liable. Pinpointing who is liable can be tricky, which is why having our experienced legal team can really help with your claim.
How Do You Recover Damages After a Truck Accident?
After a truck accident, your first priority should always be your health. Once that’s stable, you can start focusing on getting support through an injury claim. You generally have two options for recovering “damages” from the responsible party:
- Filing an insurance claim
- Filing a lawsuit
An insurance claim is usually quicker, since it’s out of court. It’s also less formal, so you won’t have as high of a burden as you would in a lawsuit. However, there are some drawbacks–namely that the insurance company controls the entire process. They decide what your claim is worth and what they want to offer you. So, if you have broken bones and other serious damage, their settlement offer might not cover everything you need.
At that point, you can file a lawsuit, which is a formal court action. This takes more time and effort, but it’s also an impartial process overseen by a judge and jury. We can guide you through the entire lawsuit and make sure you get what you’re owed with a strong claim.
When it comes to your damages, you have certain things that you can get financial support for:
- Medical expenses and ongoing care
- Lost income or loss of earning potential
- Repair or replacement costs for your car or other damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses for fatal injuries
What you’re able to recover in a claim depends on the circumstances and how well you present your case. There’s also the statute of limitations to worry about. In California, you have two years from the date of the accident to file your claim. If you miss this deadline, you can’t recover damages at all.
What Should You Do To Strengthen Your Claim?
Filing your claim on time and properly doesn’t mean you automatically get damages. In fact, there’s a lot about the legal process that’s focused on making sure you don’t get what you’re owed. This usually happens in the form of an insurance company or lawyer saying you didn’t do the right things after the accident. So, when you have broken bones in a truck accident, make sure to take the following steps to protect and strengthen your claim:
- Call 911 – The first thing you need to do is take care of your health. Don’t move any injured body parts or broken bones. Call 911 for an ambulance and make sure to tell them that you have serious injuries so they know to be prepared.
- Report the accident to the police – Have the 911 dispatcher also alert the local police, either the Thousand Oaks Police Department or the California Highway Patrol (CHP). They’ll come to the scene and gather information from everyone involved and document things.
- Collect evidence at the scene – Take photos, record important details like date, time, and weather conditions, and get the truck driver’s contact and insurance info. More evidence means a stronger case.
- Keep all important documents – Hold onto medical bills, repair estimates, and any other documents related to the accident. These show the full impact of your losses when negotiating a settlement.
- Be careful with statements – Stick to facts when speaking with the police or insurance companies. Don’t admit fault, as insurance companies could use it to reduce your payout.
Following these steps can make your case stronger and improve your chances of a fair settlement. This is especially important in accidents where you have broken bones and other serious injuries. The stronger your claim is, the more you can get in damages. Our team will be there to support you from start to finish.
Experienced Legal Support After Thousand Oaks Truck Accidents
No one wants to go through a traumatic injury, especially a broken bone or fracture from a truck accident. But because it’s so common in truck accidents, you’re going to need experienced legal support to help you get better. Quirk Accident & Injury Attorneys know how challenging this time can be, and we’re here to guide you through the legal process. Our experienced Thousand Oaks truck accident lawyers will stand by you and support your claim. Contact us today for a free consultation.