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Commercial trucks are integral to the American economy and deliver billions of dollars in cargo daily throughout the country. Most drivers in the Vallejo, CA, area are used to seeing large commercial trucks on local roads, and they are often able to reach their destinations without issue. But unfortunately, truck accidents can and do happen in California, usually with devastating results.
Large commercial trucks are more dangerous than standard passenger vehicles when accidents happen. This is because they are much taller and heavier than most other vehicles and less maneuverable, requiring more time and distance to slow and stop when necessary. As a result, when truck accidents happen, they often cause far greater damage than what usually results from accidents involving smaller vehicles. As an added complication for these incidents, determining liability is often very challenging, and it is possible for multiple parties to bear fault for this type of accident in California.
If you or a loved one is struggling in the aftermath of a truck accident someone else caused in the Vallejo, CA, area, an experienced attorney is the best resource to consult if you want to determine the best options for legal recourse available to you. The right legal team can make a tremendous impact on the outcome of your case, potentially assisting you in recovering far more substantial compensation than you may have initially expected. Rush Injury Law has years of experience representing Vallejo-area clients in truck accident claims that we can leverage on your behalf in your recovery efforts.
California enforces a fault system for resolving car accident claims, meaning whoever causes a car accident is liable for the resulting damages. Fault is easier to prove in some vehicle accident claims, but truck accident cases often raise the issue of vicarious liability. This term denotes any situation in which one party bears fault for the actions of another party. This legal concept is most commonly applied to employers who bear responsibility for the actions of their employees.
A truck driver could potentially incur sole liability for a truck accident they caused if they acted outside the scope of their job duties in a manner resulting in the accident. For example, if they were driving their truck under the influence of alcohol, this is illegal and a violation of their job duties to their employer. However, if they had a record of past convictions for driving under the influence (DUI) and their employer never conducted a proper background check, the employer is likely to face vicarious liability for this negligence.
It is also possible for fault for a truck accident to fall to a third party, such as another driver whose negligence caused a chain reaction between a truck and your vehicle. Ultimately, if you suffered serious injuries, you may not remember much from the incident, and an experienced attorney could be your best chance of holding the parties responsible for your truck crash accountable for the damages they caused.
Commercial truck drivers face many of the same risks as passenger vehicle drivers on most roads. All drivers should use caution during periods of poor visibility, when driving at night, and when navigating heavy traffic congestion. Drivers are also expected to operate their vehicles safely, responsibly, and attentively at all times, observing posted traffic signals and refraining from operating their vehicles while under the influence of alcohol.Unfortunately, there are many ways drivers, including truck drivers, may violate these duties of care. For example, distracted driving is the leading cause of all motor vehicle accidents in the United States and can easily cause a catastrophic truck accident.
Truck drivers face several additional risks unique to large commercial vehicles. First, a large, fully loaded tractor-trailer has a higher center of gravity than smaller passenger vehicles. This makes it especially vulnerable to tip-over and rollover accidents in certain situations. Imbalanced and/or improperly secured cargo, speeding, and other issues can easily cause a driver to lose control of their vehicle. Additionally, the large sizes of most commercial trucks mean they need longer braking distances to slow down or stop and avoid some collisions.
Truck accidents can also happen because of intentional misconduct, such as reckless driving, aggressive driving, or DUI. Ifa truck accident happens because of any criminal or intentionally harmful behavior, the defendant responsible faces criminal prosecution in addition to their civil liabilities. In addition, trucking companies could also face penalties beyond civil liability for victims’ damages if they are found to have been negligent in the hiring, training, and assigning of work to their drivers.
The trucking industry is one of the most heavily regulated in the country, and all truck drivers and trucking companies must adhere to the Federal Motor Carrier Safety Administration (FMCSA) laws and other government agencies with legal oversight over the trucking industry. Failure to comply with applicable regulations can potentially lead to vicarious liability for accidents truck drivers cause, and a trucking company that knowingly violates applicable industry regulations faces heavy fines and other disciplinary actions from relevant oversight agencies.
Any vehicle accident has the potential to be a life-changing experience for the victim, but truck accidents tend to be especially damaging compared to all other motor vehicle accidents reported in the United States each year. Therefore, while you may think that you should have minimal difficulty succeeding with your recovery efforts in response to a truck accident someone else caused in the Vallejo, CA, area, you mustn’t underestimate the value of legal counsel you can trust in this difficult situation.
Your legal team can assist you in compiling your civil suit and meeting all preliminary case filing requirements while you focus on your recovery. This prevents administrative or procedural issues from interfering with your case’s progress. When it comes to your recovery efforts, an auto insurance claim is likely to be your first option for recovering compensation. California requires all drivers to maintain auto insurance coverage, which extends to commercial truck drivers. Therefore, a Vallejo truck accident attorney can be invaluable for obtaining the maximum settlement amount possible for your recent truck accident.
If your damages eclipse the defendant’s insurance coverage, your case will need to proceed to active civil court proceedings if you want to maximize your recovery. Once you have exhausted your preliminary recovery options through insurance, you can file a personal injury suit against the party responsible for causing your accident. The right attorney can make filing your case much easier, increase your chances of success with the claim, and increase the total compensation you obtain after your legal proceedings.
After a personal injury claim is filed with the Vallejo, CA, civil court, the defendant can respond in one of two possible ways. They can either accept liability and agree to settlement negotiations or deny liability and demand a trial. Swift settlement benefits both parties, allowing them to save time and money on legal fees. If you must litigate your truck accident claim, the judge who handles the case has the final say on every element of your final compensation. Rush Injury Law is ready to help you settle your case as swiftly and efficiently if possible, but we are not afraid to represent you in court against negligent truck drivers, their employers, or even large insurance companies.
Success with any civil claim in California requires accurate identification of the defendant or defendants, a complete and accurate list of all damages sought by the plaintiff, and clear proof of causation between the plaintiff’s claimed damages and the defendant’s misconduct or negligence. In addition, the plaintiff and their attorney must be prepared to prove that their claimed damages are solely the results of the defendant’s actions and not some other cause.
Depending on the specifics of your case, you could face a complex issue of resolving vicarious liability shared by multiple defendants. It is also possible to encounter serious problems with an insurance company handling your compensation claim. If you encounter bad faith tactics or experience unethical treatment from an insurance company’s representatives, you may have grounds for further legal action outside your truck accident claim.
Most truck accident suits filed in California revolve around specific acts of negligence or intentional misconduct that result in injury to others. Your attorney will assist you in gathering the evidence you may need to firmly establish liability for your accident and responsibility for your claimed damages, such as witness statements, physical evidence from the scene of the crash, various forms of digital records, and traffic camera recordings, if available.
It is vital to remember that you could lose a percentage of your final case award in a personal injury claim if you bear any partial fault for causing your claimed damages. California enforces a pure comparative negligence law that allows any plaintiff who bears partial responsibility for causing the damages they have claimed in a personal injury suit to still recover compensation. The judge overseeing the case will assign the plaintiff a fault percentage based on the severity of their actions and level of liability, and the plaintiff loses this percentage of their case award.
If you have any reason to worry that you bear partial fault for causing your recent truck accident, it is crucial that you speak with an experienced Vallejo truck accident attorney as soon as possible. Even if you only incur a small percentage of fault for your claimed damages, this could amount to a significant chunk of your total case award, diminishing your final recovery. Rush Injury Law can help our client build a solid truck accident claim that minimizes room for any defendant to assert comparative fault.
A: According to the latest accident data available from various state and federal agencies, driver error is the top-cited cause of all commercial trucking accidents in the United States each year. Distracted driving, driving under the influence of drugs and alcohol, and speeding are among other top-ranking causes of truck accidents.
A: California state law upholds a two-year statute of limitations on most personal injury claims. Your attorney will help you ensure you meet all deadlines that are applicable to your case. In addition, rush Injury Law strives to help our clients streamline their civil court proceedings however possible, so the sooner you reach out for representation, the sooner we can help you file your civil suit.
A: Auto insurance may cover the total damages from minor accidents, but if you sustained any injuries in a motor vehicle crash in California, you should expect a more protracted and difficult recovery process. An experienced Vallejo truck accident attorney can provide an estimate of your case’s value so you can make an informed decision on whether to proceed with your civil suit.
A: An experienced legal team managing your civil claim for damages dramatically increases your chances of success. The right attorney can assist you with a preliminary insurance claim to expedite your recovery as much as possible before proceeding with your civil suit. In addition, your attorney will help you gather evidence to support the complaint and accurately calculate the full scope of damages you can seek from the defendant.
Rush Injury Law understands that you probably have many difficult questions regarding liability for your recent truck accident, what you can expect during your recovery efforts, and how long it will take for you to obtain full compensation for your losses. Our team can answer these and any other legal questions you have about a recent truck accident in a complimentary case review. To discuss your options for legal recourse after a truck accident you did not cause, contact Rush Injury Law and schedule your free consultation with a Vallejo truck accident attorney.
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