Today’s commerce systems require the use of large trucks to move goods. These large trucks can dominate our nation’s highways. From delivery vans to semi-trucks, these vehicles dwarf passenger cars. When a collision occurs, the size disparity is so great that catastrophic injuries are common. In 2020, the National Highway Traffic Safety Administration (NHTSA) reported that 71% of all people killed in semi-truck crashes were occupants of other vehicles.
If you or a loved one has suffered from an accident with a large commercial truck, you probably have many questions about how to proceed. You want to know your legal options and whether compensation is available for your damages. We recommend you call us today or contact us online to schedule a free one-on-one consultation. Sacramento truck accident attorney Ali Yousefi is ready to serve you during this difficult time.
What Does a Truck Accident Lawyer Do?
A truck accident attorney handles all aspects of your case while you focus on recovery. Given their commercial context, truck accidents are typically more complex cases than accidents between passenger vehicles. It is not uncommon to have multiple parties at fault when truck accidents involve passenger vehicles. This means multiple entities and their insurers will be involved in your case. Most of these entities and corporations are well-experienced in defending claims brought against them for injuries or wrongful death.
Hiring a truck accident lawyer in Sacramento, CA for your case is a wise move. You can rest assured that you are working with an experienced professional familiar with the intricacies of cases involving trucking companies.
You cannot trust the trucking company’s insurance company to look out for your best interests. Even if the insurance company accepts responsibility for the accident, you cannot expect them to pay you fairly for your damages. Insurance companies seek to pay you as little as possible on each claim to maximize their profits.
How Can a Truck Accident Lawyer Help?
A truck accident lawyer with experience handling such claims can save you time, bring you peace of mind, and ultimately position you to obtain greater compensation. Identifying all potentially liable parties is just one way a truck accident lawyer can help.
The truck driver owes a duty to the other drivers on the road to drive safely, avoid accidents, and obey traffic rules. The driver may be responsible for the accident but could be judgment-proof because they lack the resources to pay the compensation you might be owed. Thus, your attorney may look to other parties that may be responsible. Other parties can be liable as well, including the following:
- The driver’s employer,
- The trucking company,
- The truck maintenance company,
- The cargo loading company,
- A vehicle or part manufacturer,
- Other drivers on the road, or
- The government entity that was responsible for roadway conditions.
A Sacramento truck accident lawyer can also help you in the following ways:
Conducting an Accident Investigation
An accident investigation is a critical component of proving liability for any accident. We investigate the accident scene, take photographs of physical evidence, and conduct a thorough investigation. This will help determine or confirm the cause of the accident in cases where the parties contest liability.
Gathering Evidence
In addition to an accident investigation, gathering other evidence is also important. When parties disagree about fault, documenting proof of negligence is central to building a successful case against the trucking company or driver. We recommend you get an attorney involved as soon as possible. This can help ensure that critical evidence is not destroyed or lost. The insurance companies have defense attorneys working hard for them. Injured victims and their families deserve to have committed advocates too.
Your truck accident lawyer in Sacramento, CA will work to obtain evidence that shows what caused the accident. This evidence can include information from the truck’s electronic data recorder and can provide a record of the following:
- Date and time of the trash,
- Vehicle speed,
- Engine speed,
- Brake status,
- Clutch status,
- Gas pedal position,
- Cruise control status, and
- Steering angle.
We will also interview any witnesses to the accident and may seek evidence, such as cellphone records, weather reports, and medical bills relating to the injury. Only a full investigation will produce the evidence required to prove fault.
Proving Your Truck Accident Case
It may be clear to you that another party caused the accident. But you must be able to prove this in court. After establishing the trucking company’s liability for the accident, you must establish damages. A person injured in a truck accident must prove the following:
- The truck driver owed you a duty of care to drive reasonably safely;
- The truck driver breached the duty of care;
- That breach caused your injuries; and
- You suffered damages and losses due to those injuries.
Damages available for a personal injury lawsuit may fall under economic damages. Economic damages include medical bills and lost wages. Non-economic damages include pain, suffering, grief, loss of consortium, loss of companionship, and loss of enjoyment of activities you can no longer do.
Your truck accident attorney can negotiate with the insurance companies for a fair settlement or take the case to trial if the insurance company refuses a reasonable offer. It’s best not to go up against the insurance company alone. Your attorney can file all the necessary documents in your case while you focus on recovery.
Frequently Asked Questions (FAQ)
Q) What should I do immediately after a truck accident in California?
A) First, check for injuries and seek medical attention if needed. Next, call the police and report the accident. Then, gather information from the parties involved, including their names, contact details, and insurance information. It’s important to document the accident scene by taking photos and collecting witness statements, if possible. Additionally, notify your insurance company about the accident. Finally, it is advisable to consult with an experienced truck accident attorney to protect your rights.
Q) Is there a deadline for filing a truck accident claim in California?
A) Yes, there is a statute of limitations for filing a truck accident claim in CA. Generally, personal injury claims must be filed within two years from the date of the accident. However, it’s essential to consult with an attorney as soon as possible, as specific circumstances may alter the timeframe.
Q) Will my truck accident case go to court?
A) The decision of whether your truck accident case will go to court depends on various factors. While many truck accident cases are resolved through settlement negotiations outside of court, some cases do proceed to trial. Factors that may influence whether your case goes to court include the complexity of the case, the willingness of the parties to reach a fair settlement, and the strength of the evidence supporting your claim.
Q) Can I still file a truck accident claim if the driver fled the scene?
A) Yes, you can still file a truck accident claim in California, even if the driver fled the scene. It’s crucial to report the hit-and-run accident to the police as soon as possible and gather any available information or evidence. An experienced attorney can assist in identifying the responsible party and pursuing a claim against them.
Q) Are truck accidents more complex than car accidents in terms of legal claims?
A) Yes, truck accidents tend to be more complex than car accidents due to several factors, including:
- Multiple potentially liable parties (driver, trucking company, manufacturer, etc.)
- Federal and state trucking regulations involved
- Commercial insurance policies with higher coverage limits
- In-depth investigations and analysis required to determine liability
- Greater potential for severe injuries or fatalities
Contact a Sacramento Truck Accident Lawyer Today
If you need a truck accident lawyer with genuine compassion for individuals who have suffered injuries, contact the Law Offices of Ali Yousefi. Ali works to get clients compensated for the injustices they have wrongly suffered. He believes you should be compensated for the physical, emotional, and mental toll caused by the accident. We are here to assist you during this challenging time. Ali makes it his goal to make a direct, positive impact in the lives of people who have experienced stressful or traumatic events. The legal team at the Law Offices of Ali Yousefi will fight aggressively for you so that you can focus on recovery. Call us today or contact us online and see how we can help you.