Accidents involving commercial trucks tend to result in catastrophic damage. Due to the extreme weight and size of these vehicles, they have a significant potential to inflict harm upon others on the road. If you were involved in a truck accident, you will likely be dealing with severe injuries and a growing list of expenses.
To begin putting your life back together after a crash, recovering compensation from the liable party can be critical. At Triumph Law, our team of truck accident attorneys serving Elk Grove has helped countless accident victims recover the compensation they need. Reach out to us today by giving us a call or filling out our contact form to schedule your free case review.
Damages You Can Claim as a Truck Accident Victim in Elk Grove
Following an accident with a commercial truck in Elk Grove, there are several types of damages you will likely be able to claim. All compensatory damages you can pursue are split into economic and non-economic damages.
All financial losses resulting from your truck accident are considered economic damages. The economic damages most often available are:
- Medical costs
- Future medical expenses
- Property damage
- Modifications to your vehicle or home to accommodate an injury
- Lost wages
- Decreased ability to earn income
All other losses caused by your truck accident can be categorized as non-economic damages. The non-economic damages most often available are:
- Permanent disability
- Scars and disfigurement
- Decreased ability to enjoy life
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of companionship
You may also be able to pursue punitive damages following a truck accident. However, it is critical to note that these damages are only awarded in extreme cases.
The primary way in which compensatory damages and punitive damages differ is that compensatory damages focus on the losses endured by the victim, while punitive damages focus on the action of the at-fault party.
Punitive damages will only be awarded if the accident resulted from criminal negligence or a purposeful action.
Be Sure to File Your Elk Grove Truck Accident Lawsuit Before the Deadline Passes
If you are looking to file a truck accident lawsuit, it is critical to familiarize yourself with the personal injury statute of limitations in your state. Under California law, accident victims have two years to file a lawsuit in most cases. Letting the deadline pass without submitting the necessary paperwork will likely mean the loss of your ability to pursue compensation.
However, exceptions can alter the standard deadline for filing. Your case’s specific details could result in a more lenient or stricter deadline. By hiring a truck accident attorney in Elk Grove, CA, you can ensure that you know the exact deadline that applies to you and get all your paperwork filed on time.
Negligence: Four Elements
When attempting to collect damages after a truck accident, you must first determine who is responsible. Showing that another party was responsible for your accident, either due to negligence or through a deliberate act, is essential. While this can often be challenging, an experienced Elk Grove truck accident lawyer can help simplify the process.
To show that another party is responsible for your damages through negligence, you must establish four elements:
- That they owed you a duty of care
- That they breached that duty of care
- That you endured damages
- That the breach of the duty of care directly resulted in your damages
A Duty of Care
When driving, everyone on the road owes a duty of care to all those around them. Because operating a motor vehicle comes with the potential to cause harm to others, you have the responsibility to use a reasonable amount of caution when behind the wheel. If the defendant was driving a vehicle involved in the collision, they owe you a duty of care.
Additionally, a party not directly involved in the collision can also owe you a duty of care. For example, a truck manufacturer or the trucking company that the truck driver worked for owes it to those on the road to ensure they are making safe vehicles and putting safe drivers behind the wheel.
Breach of the Duty of Care
Once you have established that a duty of care existed, you need to show how the liable party violated that duty. If the defendant is the driver of the truck, showing that they were using a cell phone, speeding, or operating their truck contrary to federal trucking regulations is enough to prove that they were in breach of their duty of care.
In that same vein, demonstrating that a trucking company failed to perform proper background checks on their drivers or provide them with necessary training can serve as evidence of a breach of their duty of care.
Damages You Incurred
The next step will be to show that you sustained damages in the collision. You can use your medical records and repair bills for your vehicle as proof of your damages.
However, to prevent the defense from making claims that your damages were caused by an event other than the collision in question, it is critical that you seek medical attention immediately after your crash. Avoiding any delays will block the defense’s ability to sow doubt about the cause of your injuries.
The Breach of the Duty of Care Caused the Damages
The final step is to show how everything is connected. You must demonstrate that the defendant breaching their duty of care was the direct cause of your damages. The best approach to accomplishing this is through the help of an experienced truck accident attorney in Elk Grove.
Hire an Experienced Truck Accident Lawyer in Elk Grove Today
One of the best steps you can take to ensure you recover the compensation you need after a truck accident is to hire an experienced attorney. It is critical that you choose a lawyer who not only has a track record of recovering favorable settlements for their clients but who also has a proven history of being able to win cases that go to trial.
At Triumph Law, we have helped accident victims recover significant compensation, both through out-of-court settlements and court rulings. Learn how our Elk Grove truck accident attorneys can help get you the money you need with a free case evaluation.
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Our Roseville car accident attorneys are ready to help you understand your rights after being hit by a negligent driver. There could be ample compensation waiting for you. It is just a matter of filing an effective claim for it, which is where we can step in and take over.
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