Reach Out to Our Orange County Truck Accident Lawyers Today to Protect Your Right to Compensation
If you’ve recently been hurt in an accident caused by a negligent truck driver, your health should be your first priority. However, it’s also a smart move to seek legal representation as soon as possible. If you wait too long to file your claim, you risk losing access to key evidence.
At Case Barnett Law, our Orange County truck accident lawyers work to protect the rights of people who’ve been injured by the carelessness or recklessness of others. We encourage you to reach out to our legal team today to discuss how we can improve your chances of a favorable recovery.
Why Does an Early Investigation Matter?
Our Orange County truck accident lawyers recommend that you start preparing your case as soon as your immediate medical needs have been addressed. The California statute of limitations gives you two years from the date of the crash to file your claim, but there are five reasons why you don’t want to wait.
1. Preserving Crucial Evidence
Skid marks, debris scattered on the road, and tire tracks can all paint a picture of what happened before the crash. Your goal is to secure and document this evidence before it fades away or gets cleared from the scene.
2. Securing Accurate Witness Statements
Time is of the essence when gathering witness accounts. The longer you wait, the less clear people's memories become. The sooner witnesses can be located and interviewed, the more detailed and accurate their recollections will be.
3. Identifying Potential Violations of Federal and State Regulations
There are federal regulations that cover everything from driver qualifications and hours of service to vehicle maintenance and cargo securement. California state laws may also include specific requirements related to vehicle safety and inspection requirements. Considering both sets of regulations helps determine potential legal breaches that can be used to establish fault for the accident that caused your injuries.
4. Preserving Electronic Data
Today's big rigs basically have a fancy "black box" that records everything—how fast they were going, when the brakes got slammed, and what happened just before the crash. It's like having an eyewitness built right into the truck. However, that data can get wiped clean if it's not downloaded quickly after an accident. Securing that black box ASAP is a vital part of building a successful truck accident claim.
5. Preventing "Spoliation" of Evidence
Unfortunately, it’s not uncommon for trucking companies and their insurers to conceal or destroy evidence that could be damaging to their interests. A spoliation letter from your attorney serves as an official notification of the legal duty to preserve all potential evidence pertaining to the accident. This includes but is not limited to maintenance records, driver logs, data from the vehicle's electronic systems, and any other documentation or physical evidence. Because the spoliation letter establishes that the recipient has been made aware of their legal duty to preserve evidence, sanctions or other legal consequences can be applied if any evidence is intentionally or negligently destroyed.
What to Expect When You Work With Our Firm
At Case Barnett Law, we take a proactive approach to investigating truck accidents. Here's how we’ll build your case from start to finish:
- Conducting a thorough investigation of the accident scene, including gathering physical evidence, witness statements, and any available video footage.
- Obtaining and analyzing all relevant records, such as the truck driver's logbook, maintenance records, and the trucking company's safety policies and practices.
- Identifying all potential parties who may be liable for the accident, including the truck driver, the trucking company, the company responsible for maintaining the truck, and the manufacturer of any defective parts.
- Gathering and reviewing the medical records and bills of the injured parties to accurately calculate the damages and potential compensation.
- Consulting with experts, such as accident reconstruction specialists, mechanical engineers, and medical professionals, to strengthen the case and provide expert testimony.
- Negotiating with the insurance companies and legal representatives of the liable parties to reach a fair settlement, or preparing for trial if a settlement cannot be reached.
- Presenting a compelling case to the jury or judge, using effective storytelling, visual aids, and expert testimony to clearly demonstrate the negligence and liability of the responsible parties.
The Case of Hiebel v. New Generation Mattress Manufacturing Company
At Case Barnett Law, we have seen firsthand how a quick investigation leads to more favorable results. For example, we successfully represented the car driver in the case of Hiebel v. New Generation Mattress Manufacturing Company, where a prompt investigation played a vital role in securing a positive outcome for our client.
In this case, our client was struck by a flatbed truck that lost control due to an improperly secured load and suffered severe injuries. However, because we initiated an investigation immediately, we were able to secure witness statements and black box data, which ultimately proved the trucking company's negligence in securing the load. This evidence helped our client recover $1 million in damages.
You can review the case results section of our website to learn more about our history of obtaining compensation for accident victims throughout California.