Father and 10-Year-Old Killed in Collision with Fire Truck

In early June, a mini-Cooper driver and their 10-year-old passenger were struck by a fire truck and died. The fire truck was en route to the Cranston fire when the tragedy occurred. A second child was in the backseat and was hospitalized. The three firefighters in the truck were also taken to the hospital. The injuries range from minor to major, and no further information is currently available. 

Truck accidents can be more serious than a typical car crash due to the sheer size of a truck. However, you can get compensation for any damage from an accident. Contact Vaziri Law, LLP, today to learn more about what to do if you find yourself in a truck accident in Los Angeles.  

How To Navigate a Truck Accident 

Knowing what to do in the aftermath of an accident can go a long way in helping you ensure your safety and learn about what information you need to file a personal injury case.  

1. Remain Calm: It’s easy to become frazzled after an impact, but it’s important to stay calm and take measures to get help if needed. 
2. Call Emergency Services: In a truck accident, it’s best to call emergency services to get assistance.  
3. Trade Insurance Information: If all parties are conscious, exchange contact and insurance information.  
4. Collect Photos and Video Evidence: To report a truck accident, you need proof. Taking photos and videos of the scene for documentation is a key part of creating a strong case.  
5. Speak with Witnesses: If there are any witnesses who linger at the scene, make sure to get their contact information. They can be a great help in providing the investigation with additional context to the circumstances of an accident.  
6. Seek Medical Treatment: Going to the doctor immediately after an accident can start a paper trail that can provide the investigation with a clear image of the severity of the damage.  
7. Request Spoilation Letter: Sending a spoilation letter to potential defendants can help preserve evidence such as the “black box” in a truck. This box contains records of speeds, braking, and driving history. This information is important in an accident investigation to get a truck driver’s accurate driving profile. 

When to See a Truck Accident Attorney?  

It’s recommended to see a Los Angeles truck accident attorney as soon as possible. The ideal time would be after you go to the doctor and have medical reports to give your potential attorney a better idea of the extent of the damage in an accident. The more information you provide gives your attorney a clearer picture of your potential compensation. 

How Government Vehicles Differ  

If you find yourself in an accident with a government vehicle such as a fire truck, police car, or an ambulance to name a few, you have 6 months to file a formal report.  

Immunities and Protections 

Depending on the circumstances of the accident, emergency vehicles often have some form of immunity and protection. This makes it difficult to get compensation from these offices, but not impossible. Working with a truck accident lawyer in Los Angeles can help you navigate through these legal protections. 

• Emergency Privilege: California Vehicle Code §§21055-21056 states fire trucks can ignore certain traffic laws, such as speed limits and stop signs when responding to an emergency. When doing this, they must have their sirens sounding and red lights flashing.  

• The “Due Regard” Standard: However, when driving with emergency privileges, emergency vehicles must not drive recklessly.  

• Code 3 vs Routine Driving: These special privileges only apply during a “Code 3” emergency response. If the emergency vehicle was on a patrol, non-emergency transport, the driver is held to the same standards as a typical driver.  

• Government Immunities: Government agencies have certain legal immunities. Depending on your case, it’s best to speak to a truck accident lawyer in Los Angeles who can help you navigate the legal system to hold the agency or employee accountable.  

• Municipal Insurance: Most cities and counties are self-insured. If you choose to file a case, you will not face the city’s insurance company, but a risk manager who will try to give you the lowest compensation possible to keep the city budget from going into the red.  

Who Can Be Liable in Truck Accident Claim? 

California practices comparative negligence. This means that all parties involved in an accident hold some fault.  

While government vehicles may hold some immunities, that does not protect them from an investigation. Even if the driver had their siren and flashing lights, they could still be held liable for most of the accident if an investigation proves they were acting recklessly or breaking other laws. An investigation can also show that a surprise third-party was responsible for the accident as well. 

Common liable parties in a truck accident in Los Angeles include: 

You 

If you find yourself in a car accident, you can be held liable for a percentage of the accident. How much depends on the investigation, so for the most accurate results, please submit all evidence of the accident you may have.  

The Other Driver 

Depending on the type of truck you get into an accident with, the driver can also be held liable for an accident. Most commercial truck drivers hold their own insurance when working, so it’s likely you would deal with their personal insurance.  

However, in the chance that the driver is using a company or government officiated vehicle, you would deal with the entities in charge of that vehicle.  

Surprise Third Parties 

Commercial and government vehicles usually have maintenance done by other parties. This can include a private company and other private contractors. If an investigation shows that an accident was caused by a faulty break, then the repair/maintenance company can be held responsible for an accident as well. Additionally, if the accident was the result of mismanaged city equipment, they can also be held responsible.  

Recoverable Damages 

In a truck accident claim, victims can recover economic and non-economic damages.  

Economic Damages 

These are tangible damages that have calculable damages. Keeping receipts and records of past pay stubs can help you prove your losses and costs in a truck accident case. They include:  

• Medical Costs 

• Home Renovations  

• Lost Wages 

• Transportation  

Non-Economic  

This form of compensation is difficult to prove due to the intangible nature of these damages. These damages vary from case to case due to their subjective nature. To combat this, it’s important to keep a detailed record of any changes you go through because of an accident. Having witnesses testify to your change in nature and behavior can also go a long way in helping you get the compensation you deserve. They include:  

• Loss of Companionship 

• Emotional and Mental Turmoil  

• Diminished Quality of Life  

FAQ 

How Long Does a Truck Accident Case Take? 

A truck accident case may take anywhere between a few months to over a year. The length depends on injuries, evidence, and settlement negotiations. 

What if I Wake Up in the Hospital? 

If you wake up in the hospital after a truck accident, it is highly likely a police report and medical records have been made for you and reported.  Request the information from the proper authorities and submit it to your insurance company.  

If Someone Died During the Accident, What Can I Do?  

Depending on who died in the crash, their immediate family can file a wrongful death suit on their behalf. Talking with a Los Angeles wrongful death lawyer can help you file a claim to pursue compensation to cover funeral costs, lost income, and other emotional damages.  

What Will a Truck Accident Attorney Cost Me? 

Nothing, at least upfront! Most truck accident lawyers work on contingency fees. This means that we won’t take a dime unless you win in court.  

In California, it is common for lawyers to take anywhere between 33 and 40 percent. However, fees can be lower or higher depending on other circumstances.   

What if my Insurance Denies my Claim?  

Visit a truck accident lawyer. Sometimes insurance companies focus on keeping a company’s best interests instead of yours. An attorney can help you negotiate with the insurance company if you haven’t accepted their offer. 

Visit a Truck Accident Lawyer in Los Angeles Today! 

Our lawyers at Vaziri Law, LLP, are well-versed in truck accidents and can use their expertise to help you get the compensation you deserve. Contact us today for your free consultation!