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Every day, many vehicle accidents happen throughout the state, and some of these accidents result in life-changing injuries and tremendous economic losses for those involved. Commercial trucks are some of the largest and, therefore, most inherently dangerous vehicles on San Francisco roads, and when accidents happen involving these large vehicles, they can easily cause tremendous losses to everyone involved.
If you or a family member is recovering from injuries sustained in a truck accident, it’s natural to have lots of pressing legal questions when it comes to proving fault and holding the responsible party accountable for their actions. A San Francisco truck accident attorney is the ideal asset to have on your side in this situation, as they can assist you in proving the full extent of all the damages you suffered and guide you through your recovery efforts with confidence.
Rush Injury Law has many years of professional experience in handling vehicle accident cases in San Francisco, and we can apply this experience to your impending truck accident case. We take time to learn each client’s unique needs and expectations, answering their questions and helping them make more informed choices about their recoveries.
Before you can secure any type of compensation for the damages you suffered in your recent truck accident, you must prove exactly how the accident happened. California upholds the fault rule for resolving vehicle accident cases, meaning you must prove exactly how your accident happened if you want to hold the defendant appropriately accountable for the losses they caused you to suffer.
Truck accidents may happen because of negligence, or failure to exercise reasonable care behind the wheel, but they can also occur because of intentional misconduct. A few of the common reasons for truck accidents in the San Francisco area include:
If you were badly hurt in your accident and do not remember exactly how it occurred, your San Francisco truck accident attorney can help you assess fault for the incident and hold the at-fault driver appropriately accountable. Once you stabilize from your injuries, they will assist you in determining how the accident happened and identifying who is responsible. This usually requires physical evidence, witness testimony, and possibly input from expert witnesses as well.
A legal issue that commonly arises in truck accident claims is vicarious liability, a term used to define any situation where one party bears liability for the actions of another party. It’s possible for the employer of the truck driver who caused the accident to also bear fault for the incident. If the trucking company failed to enforce applicable industry regulations, never performed a background check on the driver, or failed to ensure driver experience or training, they could share liability for your damages.
Proving negligence requires clear evidence that the defendant owed the plaintiff a duty of care, failed to fulfill that duty of care, and as a result, directly caused the plaintiff’s damages. The plaintiff can only claim compensation for the actual effects of the defendant’s neglect. When it comes to accidents resulting from intentional misconduct, defendants are likely to face criminal prosecution from the state. If that applies to you, your San Francisco truck accident attorney can tell you how the state’s legal case could impact your claim against the at-fault driver.
When you know you have clear proof that another driver is liable for causing your recent truck accident, California law allows you to seek full repayment of all the financial losses they inflicted with their actions. Most plaintiffs in San Francisco truck accident claims can recover compensation for:
Aside from your immediate and future economic damages, state law also allows you to hold the defendant responsible for the physical pain, emotional distress, and psychological trauma you experienced because of their actions. The state does not place a cap or limit on compensation for pain and suffering in most personal injury cases, so this could be the largest form of compensation you receive from a successful truck accident claim.
If you are wondering how you can calculate financial compensation for intangible losses such as your physical and psychological pain, your San Francisco truck accident attorney will be invaluable in helping you determine a reasonable figure. If you expect to recover fully within a relatively short time, they may seek “per diem” compensation for pain and suffering, which awards a set amount each day until you reach maximum medical improvement. If you suffered catastrophic injuries resulting in permanent damage, they would likely seek a big lump sum for you, which they will determine by multiplying all your economic damages by a number that reflects the seriousness of your condition after recovering as much as is medically possible from your injuries.
Rush Injury Law helps each client approach their unique personal injury case with confidence. Recovery from any vehicle accident typically requires filing a car insurance claim against the at-fault driver, followed by a personal injury suit when insurance alone cannot compensate them for all their damage. When you choose our firm to represent you in a truck accident case, you will have a dedicated San Francisco truck accident attorney ready to answer your questions and guide you through every phase of your recovery.
A: If you were injured in a truck accident in San Francisco, you must first prove who caused the incident before you can secure any type of recovery of your losses. You must identify the party or parties responsible and prove the scope of damages they caused. It’s possible for the truck driver and/or their employer to bear fault, and it is also possible for a third party to be responsible for the accident. Depending on the specifics of the accident in question, it’s possible for multiple parties to bear liability.
A: California enforces a two-year statute of limitations on personal injury claims, meaning a plaintiff has two years from the date of their injury to file their civil action against the defendant who injured them. If you intend to file an insurance claim against the driver who was at fault for the accident, you have a much shorter window in which to do so, typically only a few days after the accident occurs. Hiring legal counsel that you can trust as quickly as it is possible after an accident significantly improves your chances of maximizing the results of all the recovery efforts you pursue.
A: State law allows the victim of any personal injury to seek full repayment of all the financial losses incurred because of a defendant’s actions; they also can seek compensation for pain and suffering. An initial insurance claim could yield valuable compensation, but it is unlikely to fully cover the entire scope of the damages you suffered from the defendant’s actions. If you want a precise estimate of the total potential value of your case, it’s essential to speak with a San Francisco truck accident attorney right away.
A: California upholds a pure comparative negligence law. This means that a plaintiff could lose a portion of their final award if they bear any measure of fault for causing their damages. However, there is no fault threshold that would disqualify them from securing compensation from the defendant. The judge overseeing their case would assign the plaintiff a fault percentage to indicate their level of fault, and then this percentage is deducted from their final award. For example, if you bear 40% liability for your accident, you would lose 40% of the compensation you claim from the defendant.
A: There is no law stating that you must hire an attorney to file a truck accident claim. You have every right to attempt to handle your recovery efforts on your own, but you face several risks in doing so that easily eclipse any potential savings in terms of your legal expenses. When you hire a San Francisco truck accident attorney to represent you, they will help you explore the full scope of your recovery options and maximize the compensation you obtain from the defendant. They can also help streamline the insurance claim process and ensure the at-fault driver’s insurance carrier offers a fair settlement.
Rush Injury Law has assisted many past clients with a wide range of difficult vehicle accident claims in San Francisco, including truck accident cases. Whatever your recent accident entailed, our team will review the details and help you determine the best path toward recovery. If you’re ready to learn how an experienced San Francisco truck accident attorney can provide the comprehensive and compassionate legal counsel you need to recover as much as state law permits, contact Rush Injury Law today and schedule a consultation with our team.
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