Commercial truck accidents are often among the most destructive crashes on the road each year. Because of the massive size and weight of these vehicles, their potential to cause harm to others is significant. After an accident with a large truck, many victims face catastrophic injuries and expensive medical bills.
Collecting the compensation necessary to cover your expenses is the first step on the road to recovery. At Triumph Law, P.C., our team of Rancho Cordova personal injury lawyers has a long history of helping accident victims recover fair compensation from those responsible. Contact us today by phone or through the contact form on this site to schedule a free case evaluation.
Damages You May Be Able to Recover After a Truck Accident in Rancho Cordova
After getting into an accident with a truck in Rancho Cordova, you will likely be eligible to pursue several types of damages from the responsible party. All compensatory damages you can claim are divided into economic and non-economic damages.
Economic damages account for all of the financial losses caused by your truck accident. The economic damages most frequently claimed include:
- Medical bills
- Future medical expenses
- Property damage
- Modifications to your home or vehicle to accommodate an injury
- Lost income
- Decreased ability to earn income
Non-economic damages make up all of the other losses resulting from your truck accident. The non-economic damages most frequently claimed include:
- Permanent disability
- Scars and disfigurement
- Pain and suffering
- Lessened ability to enjoy life
- Mental anguish
- Loss of companionship
- Emotional distress
Punitive damages may also be available after a truck accident. However, these damages are only awarded in rare cases. The main difference between compensatory damages and punitive damages is that the former focus on the losses suffered by the accident victim, while the latter are awarded based on the actions of the liable party.
The court will only award punitive damages if a deliberate act or criminal negligence caused the accident.
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.
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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.
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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.
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