Rancho Cordova Truck Accident Lawyer

The Elements of Negligence

The first step in collecting compensation after an accident is determining who is to blame. You will have to be able to show that another party caused your accident either through negligence or a deliberate act. Fortunately, an experienced attorney can help you with this often challenging task.

To prove that another party was negligent in an accident, there are four elements you need to establish:

• The existence of a duty of care
• That the defendant breached that duty of care
• That you suffered damages
• That the breached duty of care directly led to your damages

Duty of Care

When on the road, all drivers owe a duty of care to everyone around them. Because of the potential for causing destruction, driving a motor vehicle is a serious responsibility. It is critical to act in a responsible manner to ensure the safety of yourself and others. If the defendant was behind the wheel and involved in the accident, they owed you a duty of care.

However, it is important to recognize that parties not on the road can also be held liable for an accident. A truck manufacturer or a trucking company could be at fault as well. Anyone that played a part in putting a vehicle on the road holds the same duty of care to others as a driver behind the wheel.

Breached Duty of Care

Proving that the defendant breached their duty of care is the next step in establishing negligence. If you can show that a truck driver was distracted while behind the wheel, under the influence, or violating the federal regulations regarding commercial truck driving, that will prove they breached their duty of care.

Likewise, showing that a trucking company did not provide proper training or do the required background checks for their drivers is a violation of their duty of care.

Damages You Sustained

Next, you will need to show that you suffered damages in the accident. Your medical records and vehicle repair bills can serve as proof that you incurred losses. However, it is essential that you seek medical attention as soon as possible after an accident.

A delay in getting medical treatment will allow the defense to cast doubt upon whether your injuries were truly caused by the accident in question or another incident.

The Breached Duty of Care Was the Cause of Your Damages

Finally, you need to prove that everything fits together. You have to be able to demonstrate that the defendant breaching their duty of care was the direct cause of your damages. An experienced truck accident attorney in Rancho Cordova can help you put this puzzle together and present a compelling case to the court.

File Your Truck Accident Lawsuit in Rancho Cordova Before the Deadline

When you are planning to file a truck accident lawsuit, you must get familiar with your state’s statute of limitations. In California, accident victims typically have two years to file a personal injury lawsuit against the at-fault party. Missing this deadline will likely prohibit you from collecting the compensation you need.

However, exceptions can potentially alter the deadline for your case. Depending on the specifics of your accident, your time to file could either be extended or further restricted. Hiring an experienced truck accident lawyer in Rancho Cordova, CA, is the best way to identify the deadline that applies to you and file all paperwork on time.

Schedule a Free Consultation With a Truck Accident Attorney in Rancho Cordova Today

One of the most important steps you can take when pursuing compensation for damages suffered in a truck accident is to hire the right lawyer. You need to choose an attorney with a history of dealing with cases similar to yours and a track record of winning big, both in and out of the courtroom.

At Triumph Law, P.C., our team of Rancho Cordova truck accident attorneys has helped our clients recover fair compensation both through court rulings and out-of-court settlements. Find out how we can help you by giving us a call or completing our online contact form and scheduling your free consultation.