Orangevale Truck Accident Lawyer
Orangevale is a beautiful city located within Sacramento County. The area is probably best known for its proximity to the Sierra Nevada mountain range. But Orangevale is also a bustling city with congested roads like Greenback Lane, Hazel Avenue, and Madison Avenue. These prominent roadways are routinely traversed by sedans, SUVs, pickup trucks and large commercial tractor-trailers. As a result, there is a risk of serious collisions occurring between smaller commuter vehicles and large commercial big rigs.
The Department of Transportation reports that the average tractor-trailer traveling on Orangevale roads weighs more than 75,000 pounds and can be 75 feet long. In contrast, the average sedan weighs less than 5,000 pounds. As you can see, if a sedan is hit by a tractor-trailer, the occupant inside the sedan will likely bear the brunt of the damage.
According to the Federal Motor Carrier Safety Administration, there were more than 141,000 accidents involving big rigs in 2015. In those collisions, more than 4,000 people lost their lives while more than 70,000 suffered serious bodily injuries.
How Collisions Between Commuter Vehicles and Commercial Trucks Occur
In many incidents, the primary cause of a collision between a sedan, pickup truck, or SUV and a large commercial tractor-trailer is the careless or reckless actions of the commercial truck operator. For example, some of the commonly reported causes of these serious collisions include:
- Driver fatigue
- Failure to yield at a traffic signal
- Failure to stop at a stop sign
- Texting and driving
- Driver was intoxicated or on prescription medications
- Defective equipment (e.g., balding tires)
Holding the Truck Driver and Their Employer Accountable
If you or a family member was seriously injured in a collision with a semi-truck, you have the right to pursue financial restitution for your harms and losses. You can pursue financial restitution through a truck accident injury lawsuit. When a truck operator causes a serious accident where bodily injuries were suffered, the operator (and their employer) can be held liable for your damages.
You may be asking yourself, “How can an employer be held responsible for an employee’s actions?” Well, there is an established legal doctrine known as respondeat superior that creates vicarious liability. Basically, when an employee engages in negligent conduct while acting in the course and scope of their employment, the employer can also be held responsible in a civil claim. For example, Truck Operator X works for Truck Company Y as a driver. He is traveling towards a destination on Greenback Lane in Orangevale when he t-bones a sedan being driven by Person Z. The truck driver caused the accident because he was texting on his cell phone and not looking at the road. If Person Z files a truck accident injury lawsuit, she can and should the truck operator and Truck Company Y as defendants.
How to Establish Negligence in a Truck Accident Injury Case
In order to establish liability, you (through your Orangevale truck accident attorney) will need to present sufficient evidence to substantiate the claim that the truck driver was negligent.
This means you need to show that the truck operator breached a legal duty to use due care and that breach proximately caused your bodily injuries. All motorists must adhere to certain duties and responsibilities when they are on Orangevale roads and highways. For example, a tractor-trailer operator owes a duty of care to operate their rig in a safe manner. So, when a truck operator fails to comply with this duty and you suffer a serious bodily injury, the truck operator can be deemed negligent and therefore liable for your harms and losses.
Damages You Can Recover Through a Truck Accident Lawsuit
An injured plaintiff can pursue monetary damages for the following types of harms and losses:
- Medical expenses (both the expenses associated with your immediate care after the wreck and long-term medical costs)
- Lost wages (and potentially future wages if you are left disabled as a result of the wreck)
- Pain, suffering, mental anguish
- Punitive damages (depending on the specific facts of your case)
I’m Ed Smith, an Orangevale Truck Accident Lawyer. When a semi-truck is involved in an accident with a smaller vehicle or pedestrian, the consequences are often devastatingly catastrophic. If you or your loved one has been injured or even killed in such an accident, please do not hesitate to contact me right away- your recovery could depend on prompt action. I can be reached by telephone at 916.921.6400, and online for free and friendly advice.
I have served the Orangevale and Greater Sacramento community since 1982, advocating for the rights of injured parties and their families. You can find my former clients’ reviews of my work posted to: Avvo, Yelp and Google+.
Membership to the Million Dollar Forum is limited to attorneys who have earned million-dollar awards and judgments for their clients. Browse through some of my past Verdicts and Settlements posted in summary on my website, AutoAccident.com.
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