Roseville Truck Accident Lawyer
From its inception as a stop along the railroad to the present day, Roseville has been a city on the move. Its location just northeast of the state capital of Sacramento and its access to major highways and interstates like Interstate 80 and State Route 65 means that those living in or visiting the Roseville area are accustomed to seeing large commercial vehicles on roads and highways.
While commercial vehicles like trucks, buses, and tractor-trailers are essential for moving a large number of goods or a considerable number of people from one part of the country to the other, these commercial vehicles present a risk of serious harm to the drivers and occupants of passenger vehicles. A collision between a large commercial truck and a passenger car can leave the occupants of the passenger car with life-threatening injuries and a mountain of expenses and losses.
A truck accident lawsuit can help Roseville drivers and passengers injured in truck crashes caused by a negligent or careless third party to recover compensation for their damages and expenses.Common Causes of Roseville Truck Accidents
A truck or commercial vehicle crash may be caused by one of several factors or by a combination of factors and circumstances. Many times commercial vehicle crashes could have been avoided if one or more drivers had exercised due care and not acted carelessly or recklessly. Commercial vehicle crashes can be caused by:
- Driver fatigue and driving while drowsy
- Driving while impaired by drugs or alcohol
- Failure to obey traffic signs and signals
- Running red lights or stop signs
- Speeding too fast for prevailing road conditions
- Sudden or erratic braking, acceleration, and/or turning
- Improperly balanced loads that make the commercial truck unstable
It is important that the cause of your truck crash be thoroughly investigated and the party or parties responsible for causing the collision identified. If this task is not accomplished, you may not be able to recover the full amount of compensation to which you would otherwise be entitled. An experienced Roseville truck accident lawyer will have the necessary resources upon which to draw to complete such an investigation efficiently and promptly.Injuries Commonly Sustained in Roseville Truck Accidents
Any motor vehicle crash can result in cuts and lacerations, broken bones, and even spine, neck, and brain injuries. Truck accidents typically cause the driver and occupants of any involved passenger car more severe injuries than those seen in a crash between two passenger cars. The risk of one or more occupants of a passenger car suffering fatal injuries is greater, too. Not only this, but truck accidents can also involve injuries that are not normally seen in car accidents:
- Burn injuries: A truck may carrying a dangerous and caustic chemical that leaks onto the road or passenger car after a crash can come into contact with a driver or passenger, thereby causing serious and painful burn injuries that are expensive to treat. Or truck fuel can leak after a tank rupture and catch fire, causing heat-related burn injuries to a driver or passenger.
- Amputation/decapitation: The bumpers of most commercial trucks sit at a dangerous level: eye-level with the driver of a passenger car. If a passenger car crashes into the rear of a commercial truck, this bumper can smash through the passenger car’s windshield and causing fatal injuries to the occupants of the passenger car.
For this reason, individuals injured in truck crashes and/or the families of those killed in truck accidents can expect to face significant medical bills, long recovery times, and considerable time missed from work. This is why seeking compensation through a truck accident lawsuit is often in the victim’s and/or his or her family’s best interest.Difficulties in Obtaining Compensation After a Truck Accident
Obtaining compensation for your injuries and losses after a car accident can be difficult enough, but truck accidents represent their own unique problems and difficulties. A trucking company’s insurer will likely attempt to settle your truck accident claim as quickly as possible following the crash – and will try to do so for as little money as possible. This, in turn, helps minimize the financial loss of the trucking company. It is rare – even unheard of – for a trucking company or its insurer to be primarily concerned with making sure the injured drivers and passengers are fully and completely compensated.
The video below further explains the types of damages you can claim in a trucking accident lawsuit.Filing a Claim Against the Trucking Company
If the insurance adjuster with the trucking company is unable to settle your case and the commercial driver is partially or completely at fault for causing the crash, you will need to bring a lawsuit against the driver, the trucking company, the driver’s and/or company’s insurer, and any other responsible party to obtain compensation. These lawsuits can be difficult for self-represented truck accident injury victims to prepare and present because:
- Important information can be easily lost. The commercial driver’s logbook, his or her medical certificate and records, the results of any blood tests performed on the truck driver after the crash, and the truck’s “black box” device are just some of the items of evidence that can prove to be crucial in succeeding with your truck accident claim or lawsuit. Unfortunately, each of these items of evidence (and the information contained therein) can be irretrievably lost if prompt steps are not taken after the crash that directs the individual(s) having custody and control over these items to preserve them for future litigation. Without the driver’s logbook, for example, it would be almost impossible to tell if the driver was likely fatigued at the time of the accident. Similarly, the driver’s medical certificate can inform you and your attorney whether the driver suffered from any medical conditions that would have impaired his or her ability to safely drive the truck.
- Most trucking companies and their insurers are represented by large law firms dedicated to truck accident defense. When a self-represented injury victim goes to court against the law firm retained by the trucking company and/or its insurance company, the odds of success are not in the victim’s favor. The defense law firm generally has three things that the injury victim does not: (1) considerable experience defending its clients in these types of cases; (2) resources to consult with experts, doctors, and other necessary witnesses in order to minimize or eliminate its client’s responsibility; and (3) a thorough knowledge of the law applicable to your case. The only practical way to negate these advantages is for the injury victim to retain experienced counsel of his or her own.
- Safety laws are a mix of federal and state laws, rules, and regulations. Car accident lawsuits premised on negligence usually only look to one body of law: state statutes. In these statutes are the “rules of the road” Roseville drivers must comply with whenever they are traveling within the State of California. By contrast, a truck accident crash involves not just state laws but also federal laws and regulations that govern who is eligible to drive a commercial truck, how long a driver can operate a commercial truck in one day, and other licensing and operation requirements. Filing a lawsuit or going into court without an in-depth knowledge of the applicable laws and regulations severely handicaps your case and negatively impacts your chances of success.
For these reasons and others, it is highly advisable for injury victims to speak with a knowledgeable Roseville truck accident lawyer to protect their legal rights and assure themselves of the greatest opportunity for recovering full compensation through their lawsuit.Roseville Truck Accident FAQ
When should I hire a truck accident lawyer?
You should retain a truck accident lawyer as soon as possible. Most lawyers offer a free consultation to discuss your legal options so you have nothing to lose. Truck drivers typically keep logbooks but federal regulations allow these to be thrown out after six months. The sooner you get legal advice, the quicker your lawyer can gather all the evidence that is needed to back your claim.
How long do I have to file a claim for my truck accident?
In California, the statute of limitations is two years. However, you should file a claim as soon as possible because there are many steps to take in a lawsuit, including an investigation and discovery. Insurance companies may have a stricter limitation so notify your insurer immediately after the accident and ask about any pertinent deadlines.
What damages can be recoverable from my truck accident?
In a truck accident, you may be compensated for current and future medical expenses, medications, physical therapy, current and future loss of wages, property damages, and pain and suffering. If you or a family member has been injured in an accident involving a truck, reach out to a truck accident lawyer who can fight on your behalf for full compensation.
Truck Accident Attorneys in Roseville
I’m Ed Smith, a Roseville Truck Accident Lawyer, with the primary accident information site on the web, AutoAccident.com. If you or a loved one has suffered a serious injury due to a truck crash in Roseville, call me now at 916.921.6400 or 800.404.5400 for free, friendly advice.
To view past verdicts and settlements, click here.
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Editor's Note: This page has been updated for accuracy and relevancy. [cha 3.27.20]