Due to their massive size, accidents involving commercial trucks can cause catastrophic injuries. If youโve been in a truck collision, you could experience devastating health outcomes like traumatic brain injuries, spinal cord damage, and other serious conditions. In a situation like this, you can contact a Sacramento truck accident lawyer to help you get the compensation you deserve.
Treating these injuries is almost guaranteed to cost a fortune in medical bills and result in a long-term period of workdays. The Sacramento personal injury lawyers at Triumph Law have represented victims of serious truck accidents for over 25 years.
Weโve helped countless individuals file lawsuits, submit personal injury claims, and get the justice they need to rebuild their lives. Contact us today for a free consultation and get started on your case.
Who Is Liable for Your Trucking Accident in Sacramento?
In any personal injury case, the liable party is the individual or entity who is at fault for the accident and, therefore, bears the responsibility of compensating the victim(s) for any losses they have incurred.
However, determining liability in commercial vehicle accidents can be a little more complicated than a typical car accident due to the nature of the trucking industry.
This added complexity is because there are usually multiple parties and insurers involved. Those parties typically include the following:
- The truck driver: The truck driver is often the first party investigated and held responsible if they failed to obey traffic laws, fell asleep at the wheel, or were impaired/distracted on the job.
- The trucking company: The trucking company may be held liable if its employee was negligent, the equipment had safety issues, or the company’s policies contributed to the incident.
- The truckโs owner: If the big rig was owned by another party, they could share blame if the cargo or vehicle itself had mechanical or structural defects.
- The cargo loaders: Errors in loading or securing freight properly could throw off the vehicleโs balance or lead to debris on the road, making the loaders responsible.
- The maintenance crew: The company responsible for the maintenance and upkeep of the large commercial trucks could be liable if they failed to address worn parts, such as tire blowouts due to worn treads.
- Another driver: Other motorists may be at fault for actions like unsafe lane changes, reckless merging, or failing to yield, which contributed to the collision.
- Municipal entities: Agencies in charge of roads/signage could be partially responsible for poor design, construction, or lack of warnings.
Our truck accident lawyer from Sacramento can investigate the accident scene, review the evidence, and interview witnesses to determine which parties were negligent and shoulder financial responsibility.
$975,000 Recovered in Truck Accident Case
Challenged Injury Claim Overcome
Triumph Law reached a $975,000 settlement for a client rear-ended by a truck. The case involved significant pushback from the defense, who disputed the injury connection, but our team proved the extent of the damage and won fair compensation.
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(916) 500-0000Proving Negligence in a Truck Accident Case
To get compensation in your truck accident case for your medical bills and other collision-related losses, a truck accident attorney in Sacramento must prove negligence. We typically present negligence in four key elements:
- Duty of care: The other partyโs legal obligation toward your safety
- Breach of duty: The decision that broke from that obligation
- Causation: The accident their decision caused
- Damages: The losses you suffered
In other words, we have to find evidence that the other driver or another involved party acted unlawfully or unsafely. Some examples of negligence that can cause serious truck crashes:
- Fatigued or drowsy driving
- Distracted driving
- Reckless driving
- Driving under the influence of drugs or alcohol
- Failure to account for blind spots
- Speeding
- Unmaintained trucks
- Overloaded trucks
- Poorly balanced cargo
Depending on where the accident occurred, weโll gather and examine the police report generated by either the Sacramento Police Department, California Highway Patrol (CHP), or the Sacramento County Sheriffโs Office.
In addition to that, we will also gather such evidence as:
- Medical records
- Witness statements
- Accident scene photos and video
- Truck driver logbooks and hours-of-service records
- Electronic logging device (ELD) data
- Truck black box (event data recorder) data
- GPS and telematics records
- Driver qualification and training records
- Truck inspection and maintenance records
- Cargo loading and shipping records
- Cell phone records
- Drug and alcohol test results
- Vehicle damage reports
- Accident reconstruction reports
It is also important to note that commercial trucks are required to follow strict regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover such things as driver qualifications and licensing, hours of service, and vehicle maintenance.
If our personal injury attorneys find that the driver or another party violated regulations or safety rules, we will use that as evidence when filing a claim with their insurer.
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(916) 500-0000 Compensation You Could Receive from a Truck Accident Claim
Once we identify the liable party and prove that their negligence caused your injuries and losses, you may seek compensation from them. The following damages may be recoverable through your claim:
- Medical expenses: These losses include the costs for surgeries, hospital stays, doctor visits, physical therapy, prescriptions, and more for your injuries.
- Lost wages: You could claim lost income while recovering from your injuries, as well as any loss in earning potential due to long-term or permanent disability.
- Pain and suffering: No monetary value can truly express enduring pain from injuries. However, the law allows compensation for physical and emotional pain already experienced and likely to continue in the future.
- Property damage: If your vehicle or other personal belongings were damaged or destroyed in the crash, reimbursement for repair or replacement costs may be included.
- Loss of normal life: Far-reaching impacts on your quality of life beyond medical bills and missed work must be considered, such as the inability to perform typical daily activities.
Be aware that the trucking company or its insurance company may attempt to settle quickly. Unfortunately, early offers frequently fall short of fully covering all your injuries, treatment, and financial losses.
Our Sacramento truck accident lawyers can determine if offers are sufficient or can negotiate a settlement that justly compensates you for your suffering.
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(916) 500-0000 Do You Need an Attorney for a Truck Accident Claim in Sacramento?
Pursuing maximum compensation after a truck crash can be incredibly difficult, especially if your injuries are preventing you from performing basic tasks. Itโs best to hand your case over to a personal injury lawyer. An attorney can offer legal counsel and represent your best interests throughout the claims process.
Dealing with large trucking companies and their powerful insurance carriers and teams of lawyers adds another layer of complexity. Commercial vehicle operators have deep pockets and are well-versed in legal proceedings. They will rigorously analyze liability and negotiate aggressively to minimize payouts, hoping to settle quickly for less than full value.
A truck accident lawyer understands these dynamics and has the resources to level the playing field. We can ensure your rights are protected, and demands are backed to demand top dollar to make you truly whole again. Without representation, people often get offers that do not fairly compensate for all damages.
How Can a Truck Accident Lawyer Help With Your Case?
After a collision, our attorneys in Sacramento can provide the following services:
- Work with experts to collect evidence from the accident scene and other sources
- Help schedule your medical care appointments
- Communicate with your health insurance provider to address concerns about your coverage
- Analyze evidence and identify all negligent parties
- Assess your losses and determine what you should receive from an insurance settlement
- Negotiate with the trucking company on your behalf so that you can focus on your recovery
- Meet important statutory filing deadlines
- Fight tirelessly for you in court if you are unable to come to a settlement agreement with the trucking company
Plus, we will keep you updated throughout the legal process, answering any questions you have along the way.
How Do Truck Accident Lawsuits Work?
If the insurance company doesnโt offer a fair settlement, you may have to file a civil lawsuit to get the compensation youโre owed. A Sacramento truck accident attorney can guide you through the steps involved in filing a lawsuit. In general, lawsuits involve the following phases:
The Investigation Phase
To build a strong truck accident lawsuit, your attorney will gather eyewitness testimonies, security camera footage, photos, medical records, expert witness testimonies, and more. Your lawyer may also work with an accident reconstruction expert to learn more about the factors that caused the crash.
The Demand Phase
During this phase, we will write a demand letter to the trucking company on your behalf. Then, weโll begin negotiations with the trucking company and its insurer with the goal of obtaining a fair settlement.
If we determine that negotiations have not been successful or the insurance company refuses to offer a fair settlement, we will move on to the next phase.
The Discovery Phase
During the discovery phase, we will continue to build your case, but now shift toward litigation. We will request additional documentation and information from the trucking company and provide their attorneys with any information they request. Once both sides are ready, we will proceed to trial.
Even through this phase, we will listen to any settlement negotiations, keeping your best interests in mind.
The Trial Phase
At trial, we will present your case before a judge (and sometimes a jury) and argue for your right to fair compensation. Once the case has been resolved and the judge has made a ruling, youโll likely receive a settlement from the trucking companyโs insurance carrier.
Statute of Limitations for Truck Crash Lawsuits
If your case requires a lawsuit to resolve, though, it must be filed no later than two years after the date of your collision, per CCP ยง 335.1. Failure to abide by the filing deadline could result in you losing your right to compensation.
The courts will bar your personal injury case if you miss the deadline, and without the right to file a lawsuit, you will lose leverage for negotiations with the insurers.
There is also the possibility of losing evidence. Physical evidence can be lost, and memories can fade. And in truck accident cases, critical evidence could be in the hands of possible defendants. We can secure evidence before it is lost or destroyed, but you must reach out to us as soon as possible.
Californiaโs statute of limitations for lawsuits is strict, so itโs important that you contact our truck accident law firm.
Filing a Claim for a Loved Oneโs Fatal Truck Accident
Fatal accidents can leave the decedentโs surviving family members with a great deal of grief, mental anguish, and financial loss. If your spouse or family member was killed in a fatal crash, you have the right to file a wrongful death lawsuit.
Filing a lawsuit can help you get the compensation you and your family need to process your loss comfortably.
A successful claim can also cover the following losses:
- Funeral and burial costs
- Inherited medical bills
- Loss of financial support
- Loss of companionship
- Loss of consortium
- Mental anguish
According to California law, youโll have two years from your loved oneโs passing to file a lawsuit on their behalf. Our personal injury attorneys in Sacramento can help you understand the laws that apply to your case and provide the legal services you need to make it as successful as possible.
Our Case Results Speak for Themselves
At Triumph Law, weโre proud of the verdicts and settlements weโve obtained for our past clients. While we canโt guarantee that your compensation will be as high as our previous case results, we assure you that weโll work hard for the triumph you need to cover your medical expenses and cope with the challenges youโre facing.
No Fee Unless We Win Your Case
We donโt believe in charging clients an upfront fee when it isnโt guaranteed that their case will be successful. Instead, we work on a contingency fee basis. Under this agreement, our attorneysโ fees are a portion of your compensation that we receive at the end of your case.
If we lose your case, though, we donโt get paid our attorney fees. During your free consultation, weโll discuss your lawyerโs percentage and any other questions you have about our payment policy.
Contact Our Sacramento Truck Accident Lawyers Today
If youโve been injured in a car accident and are dealing with unbearable pain, medical bills, and anxiety about the future, you need a triumph. You need truck accident attorneys from Triumph Law who have represented collision victims for over 25 years.
Our legal team has the expertise and knowledge you need to file a claim or lawsuit. If we agree to work with you, weโll commit our time and resources to obtain the triumphant verdict you need to get back to your normal life. Contact us today for a free, no-risk consultation.