An accident with a truck can be devastating. Large commercial trucks can cause extensive damage to cars and horrific injuries to car occupants, due to their large weight and size. All road users are potentially at risk of getting into accidents with large trucks, including pedestrians, cyclists, and motorcyclists.
According to Federal Motor Carrier Safety Administration (FMCSA) statistics, fatal crashes with trucks are an increasing problem. From 2016 to 2017, 116,000 large truck and bus crashes resulted in injuries. There were 363,000 bus and truck accidents with material damage in 2017.
Truck accidents are often complicated. They might involve several cars, making an accident scene difficult to understand. Truck accidents can present a challenge in determining who was at fault, whether it was the driver, the truck company, or a third party such as the truck manufacturer.
If you have suffered any injuries in a truck accident, whether as a car driver, passenger, motorcyclist, cyclist, or pedestrian, you could receive compensation for your losses. Types of compensation can include material damages, medical bills, and reimbursement for other expenses. Call Ben Crump Law, PLLC today at 800-630-9229 to find out whether you have a case, and let us advise you on your next steps.
Proving Negligence in Truck Accidents
Proving who is negligent in a truck accident can be tricky. We typically assume that the driver handling the truck is the responsible party. While this can be true in accidents caused by driver inattention or use of alcohol on the job, the driver is not always responsible. A truck company could be liable, as they generally hold overall responsibility, including hiring and training drivers, and the maintenance and servicing of the vehicles. The truck could have commercial automobile coverage that protects the trucking company from liability and damage, the California Department of Insurance states.
According to FMCSA rules, a truck company is responsible for ensuring a driver has the appropriate licenses and qualifications, as well as specific training, to drive particular commercial trucks. Employers should also conduct background checks to ensure a driver does not have a history of reckless driving or other traffic-related offenses. A truck company might be responsible for an accident for several reasons, including:
- Inadequate maintenance
- Insufficient driver qualification or training
- Mandated rest periods not being observed
- Incorrectly loaded cargo
- Deficient hiring processes
There could be other reasons as to why a truck company might be responsible for an accident.
Sometimes, a third party is responsible for an accident. This could be the company that maintains and services the trucks, the company that loads the cargo, the truck manufacturer, and others.
Truck accidents differ from accidents with passenger cars. It can be extremely confusing and labor-intensive to establish liability, and several parties may be liable. Your Sacramento truck accident lawyer might be able to help you analyze your particular case and advise you on how to best proceed with any claims.
For a free legal consultation with a truck accidents lawyer serving Sacramento, call 800-630-9229
Truck Accident Compensation
Accidents with a truck can cause horrific injuries that may require hospitalization, special medical equipment, and ongoing future care and treatments, potentially for years to come.
Some of the awards you might receive from a personal injury lawsuit could include:
- Medical bills and medical equipment costs
- Transportation expenses
- Lost wages and lost future wages
- Repair or replacement of a vehicle
- Physical and emotional pain and suffering
If you are filing a wrongful death lawsuit, there may be additional compensation you could receive, such as reasonable funeral expenses, loss of financial support, loss of companionship, and others.
You may also receive punitive damages — damages meant to punish the defendant — in addition to any compensatory awards, which can significantly increase a settlement. Under California Civil Code Article 3 regarding exemplary damages, punitive damages are awarded in cases where the defendant was not only negligent, but their actions also involved oppression, fraud, or malice toward any victims.
Sacramento Truck Accident Lawyer Near Me 800-630-9229
Statute of Limitations in California
Being involved in an accident with a large commercial truck can be traumatic, expensive, and life-changing. You may still be suffering from injuries, and perhaps not feel strong enough to pursue legal action. Taking on a trucking company may feel like biting off more than you can chew, but you do not have to do this alone. A Sacramento truck accident lawyer at Ben Crump Law, PLLC might be able to take the lawsuit preparation off your shoulders while you heal.
After an accident with a large truck, it is in your own best interests to act as soon as you can. The California statute of limitations for personal injury lawsuits is only two years from the date of an accident, or one year after you discover the injury. Once the two years have passed, your legal claim ceases to be valid.
Likewise, if you have lost a loved one, nothing might be further from your mind initially than dealing with lawsuits and potentially reliving the accident again and again. We understand that this can be a devastating time for the entire family, and that you will want to concentrate on grieving and coming to terms with your new life after losing your loved one. However, the California statute of limitations for wrongful death cases is generally only two years from the date of death.
A Sacramento truck accident lawyer might help you to ensure you meet all the deadlines when filing a personal injury or wrongful death lawsuit while you are still recovering from the effects of a truck accident.
We Might be Able to Help Your Case
We understand that dealing with the aftermath of a truck accident can feel upsetting and overwhelming. You or your loved ones might be dealing with injuries, as well as the psychological trauma from an accident.
We might be able to help you get justice and deal with time-consuming tasks such as negotiating with insurance companies, collecting evidence, and speaking to witnesses.
We will do our best to fight for your right to receive compensation for your pain, injuries, and material losses. There are no upfront attorney’s fees. Contact Ben Crump Law, PLLC, today for a free consultation at 800-630-9229.