Due to their massive size, accidents involving commercial trucks can cause catastrophic injuries. If you’ve been in a truck collision, you could experience devastating health outcomes like traumatic brain injuries, spinal cord damage, and other serious conditions.
Treating these injuries is almost guaranteed to cost a fortune in medical bills and result in missed work days. The Sacramento personal injury lawyers at Triumph Law have represented victims of serious truck accidents for over 20 years.
We’ve helped countless individuals file lawsuits, submit personal injury claims, and get the justice they need to rebuild their lives. Contact a Sacramento truck accident lawyer from our firm today to schedule a free consultation and get started on your case.
Who Is Liable for Your Trucking Accident?
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). However, determining liability can be a little more complicated than a typical car accident when it comes to commercial vehicle accidents.
This is because there are usually multiple parties involved, including:
- The trucking company: They may be liable if the driver was negligent, equipment had safety issues or company policies contributed to the incident.
- The truck driver: Individual drivers are responsible if they failed to obey traffic laws, fell asleep at the wheel, or were impaired/distracted on the job.
- The truck’s owner: Could share blame if the cargo or vehicle itself had mechanical or structural defects.
- The cargo loaders: Errors in loading/securing freight properly could throw off vehicle balance or lead to debris on the road.
- Another driver: Other motorists may be at fault for actions like lane changes, merging, or failing to yield that caused the collision.
- The manufacturer of truck parts: Makers of defective brakes, tires, etc., may be liable for component failures.
- 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 scene, review evidence, and interview witnesses to determine which parties were negligent and should shoulder legal and financial responsibility.
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Proving Negligence in a Truck Accident Case
To get the compensation you need to pay your medical bills and cover other collision-related losses, a truck accident attorney in Sacramento must prove negligence. In other words, they’ll have to find evidence that the other driver or another involved party acted unlawfully or unsafely.
Commercial truck drivers are required to follow strict scheduling regulations, which exist to reduce collisions and severe injuries. If we find that the driver or another party violated regulations or safety rules, we can file a claim with their insurer.
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What Are Some Examples of Negligence in A Truck Crash Claim?
Here are some examples of negligence that can cause serious truck crashes:
- Drowsy driving
- Distracted driving
- Reckless driving
- Driving under the influence of drugs or alcohol
- Failure to account for blind spots
- Unmaintained trucks
- Overloaded trucks
- Poorly balanced cargo
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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: This includes costs for surgeries, hospital stays, doctor visits, physical therapy, prescriptions, and more for your injuries.
- Lost wages: You could claim income lost from missing work to recover from injuries, accounting for lost wages both immediately after the crash and in the long term if your injuries impact career earnings.
- 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 just medical bills and missed work must be considered, such as the inability to perform typical daily activities.
Be aware that the trucking company or their insurance company may attempt to settle quickly. Unfortunately, early offers frequently fall short of fully covering all your injuries, treatment, and financial losses.
An experienced truck accident lawyer can determine if offers are sufficient or negotiate a higher settlement that justly compensates you for your suffering.
Why do I Need an Attorney for My 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. It’s 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.
What does a Lawyer do to Help Me With My Claim?
Here’s what an experienced attorney can do to help you after a collision:
- 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 the negligent party
- Assess your losses and determine how much you should receive from an insurance settlement
- Negotiate with the trucking company on your behalf so that you can focus on your recovery
- Keep you updated throughout the legal process and answer any questions you have along the way
- Meet important deadlines
- Fight tirelessly for you in court if you are unable to come to a settlement agreement with the trucking company
How do Truck Accident Lawsuits Work?
If the insurance company doesn’t offer a fair settlement, you may have to file a civil suit to get the damages you’re 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, we’ll begin negotiations with the trucking company and their 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 with the intention of going to trial. 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.
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, you’ll likely receive a settlement from the trucking company’s insurance carrier.
Statute of Limitations for Truck Crash Lawsuits
If your case requires a lawsuit to resolve, it must be filed no later than two years after the date of your collision. According to California Code of Civil Procedure § 335.1, failure to abide by the filing deadline could result in you losing your right to compensation.
California’s time limit for lawsuits is strict, so it’s important that you contact an experienced truck accident lawyer from our law firm as soon as possible. They’ll budget their time efficiently, making sure to comply with the state’s statute of limitations.
If you wait too long to hire an attorney, you might still be able to recover compensation for your vehicle repairs, as the time limit for property damage lawsuits is three years. So whether it’s two days after your collision or two years, it’s worth contacting our personal injury law firm to discuss your case.
Filing a Claim for a Loved One’s Fatal Truck Accident
Fatal accidents can leave the decedent’s 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 suit.
Filling 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, you’ll have two years from your loved one’s 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, we’re proud of the verdicts and settlements we’ve obtained for our past clients. While we can’t guarantee that your compensation will be as high as our previous case results, we assure you that we’ll work hard for the triumph you need to cover your medical expenses and cope with the challenges you’re facing.
No Fee Unless We Win Your Case
We don’t believe in charging clients an upfront fee when it isn’t guaranteed that their case will be successful. Instead, we charge a contingency fee. A contingency fee is a portion of your compensation that your attorney will take at the end of your case.
If we lose your case, you won’t be expected to pay any out-of-pocket fees. During your free consultation, we’ll discuss your lawyer’s percentage and any other questions you have about our payment policy.
When You Need a Triumph, Work With Triumph Law
If you’ve 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 experienced truck accident attorneys from Triumph Law who have represented collision victims for over 20 years.
Our legal team has the expertise and knowledge you need to file a successful claim or lawsuit. If we agree to work with you, we’ll commit our time and resources to obtain the triumphant verdict you need to get back to your normal life. Contact us today to schedule a free, no-risk consultation.