Roseville Truck Accident Lawyer
Large commercial trucks often travel on Interstate 80 and State Route 65 through Roseville. Given the number of drivers relying on these highways, it only takes one truck driver to change the lives of others on the road in a split second. After all, a semi-truck's overwhelming size and weight may cause catastrophic consequences in a traffic collision. When dealing with traumatic injuries, medical bills, and lost income, you need someone to protect your rights and interests throughout the claims process. Retaining legal counsel in such situations is crucial as they may take care of everything from start to finish in your case so you can focus on recovering and being with your family.
If you have been hurt in a truck crash in Roseville, you may be able to receive financial compensation. Get started on your personal injury case today by calling our law firm and scheduling a meeting with one of our lawyers to receive free, friendly advice at (916) 921-6400 or (800) 404-5400.
When faced with injuries and losses after a truck accident, you may be pressured by the insurance company representing the truck driver and trucking company to settle your bodily injury claim. At our law firm, we understand how you feel about the situation and would like to help you through this difficult time. At AutoAccident.com, we have handled personal injury cases involving commercial truck accidents across California since 1982. We know how important it is for you to receive the justice and compensation you need to move forward. Our legal team can help accomplish that and is available anytime to help you. Contact us today to arrange a free consultation with one of our lawyers to discuss your case.Types of Compensation in a Truck Accident Injury Claim
In California, parties injured in traffic collisions involving large commercial trucks may be eligible to recover financial compensation for losses incurred. That means both economic and non-economic damages. While we would expect the insurance company representing the truck driver and trucking company to do what is right and fairly compensate the injured party for the harm their insured has caused them, that does not always happen. The reason is that the stakes are often high in truck accident cases due to the severe injuries and damages involved. Insurance carriers and trucking companies often dispute bodily injury claims to protect their bottom line.
No matter the circumstances of a motor carrier claim, it is likely that the insurer and defense counsel will attempt to settle it for the lowest amount possible. Such parties may even try to escape liability for the incident, adding insult to injury for the claimant that has already been through enough. A top-rated truck accident lawyer in Roseville will have the dedication and skills to help claimants obtain total and fair compensation. This may include recovery of the following compensatory damages:
- Past and future medical expenses
- Loss of earnings and lost future earning capacity
- Accommodations to the home for permanent injury or disability
- Pain and suffering from the emotional and physical effects of accident-related injuries
- Loss of consortium for the detrimental damage traumatic injuries has had on a marital relationship
- Lost enjoyment of life because of the limitations a severe injury has imposed on an injured party’s life
- Damages for wrongful death if a fatal truck accident claimed the life of a loved one
As you can see, the consequences of injuries suffered in a commercial truck accident are endless. That is why there is a heightened need for total and fair compensation to address the emotional, physical, and financial consequences an injured party may experience following the incident and that they are likely to incur. It is essential to exercise your rights as a party injured in an accident caused by the negligence of a trucker or trucking company. Fortunately, an experienced injury lawyer may help by handling all aspects of your case so you can focus on your recovery, your loved ones, and getting your life back on track.How Much Time Do You Have to File a Truck Accident Lawsuit in California?
As a party injured in a big rig crash, knowing how long you have before your right to compensation is lost forever is essential. There is a limited time that a personal injury lawsuit must be filed in civil court. Generally, a claimant has two years from the date of a commercial truck accident to file a lawsuit. This is by the California Code of Civil Procedure Section 335.1. A different filing deadline may apply if the incident was caused by a large truck owned and operated by the city, county, or state. Under these circumstances, a notice of claim must be filed with the appropriate government entity within 180 days or six months of the accident date, as outlined in the California Government Code Section 911.2.
Some exceptions to the statute of limitations may apply to a semi-truck accident injury case. It may be tolled when there is bodily injury to a minor. Under these circumstances, the statute of limitations may start from the minor’s 18th birthday date.
Remember that even if there seems to be ample time to file in either of these situations, that does not necessarily mean that an injured party should wait to build their case. Collecting evidence and speaking with witnesses is vital to any bodily injury claim. As more time passes, witnesses may forget, and evidence may be lost or destroyed. Parties injured in tractor-trailer collisions must retain legal counsel immediately after the incident to protect their rights and ensure all filing deadlines are met in their motor carrier claim.What is the Purpose of a Spoilation Letter in a Truck Accident Case?
A spoliation letter advises a defendant to preserve all evidence concerning a big rig crash. Evidence is paramount in personal injury cases as it may help establish liability for the truck driver or trucking company. If the other party fails to comply with the letter of preservation of evidence, the claimant may seek necessary relief from the court. Evidence that may be suggestive of negligence in a tractor-trailer crash may include the following:
- Cell Phone Records
- Data from the Black Box
- Hours of Service (HOS) Logs
- Semi-Truck Inspection Reports
- Truck Maintenance
- Truck Driver Records
An injured party must contact a truck accident attorney in Roseville immediately following an 18-wheeler wreck to ensure that crucial evidence is preserved. It is not uncommon for trucking companies to act quickly and interfere with evidence that may suggest truck driver negligence to protect themselves from financial liability despite an obligation not to do so under the law. Therefore, do not delay contacting an experienced accident attorney with the right experience and skills to handle your claim.What Must Be Proven in a Big Rig Crash Case?
While some bodily injury claims may be resolved with the insurance company, some may proceed to litigation when there are disputes about accident-related injuries and liability for the incident. Under these circumstances, a claimant must prove their case through a preponderance of the evidence. Four elements must be established, including:
- Duty of Care: The at-fault party had a duty to act reasonably to avoid causing bodily injury to others.
- Breach of Duty: The defendant failed to uphold this duty of care.
- Causation: The breach was the direct cause of harm to the injured party.
- Damages: The claimant experienced damages as a result of the incident.
When a Roseville truck accident attorney successfully proves the personal injury case elements, the claimant may be awarded economic and non-economic damages for medical expenses, lost wages, pain, suffering, and other accident-related losses.Roseville Truck Accident FAQ
How does comparative negligence affect an award for damages in my truck accident claim?
The state of California operates under a system of comparative fault. This means that the damages that would have been awarded to the injured party would be decreased by the percentage of their contribution to the semi-truck wreck. This percentage is generally determined by the court. It is not uncommon for insurers and defense counsel to use comparative negligence to shift fault onto the claimant. That is why it is crucial to work with an experienced truck accident lawyer who can ensure that liability is not unfairly shifted onto you.
When should I discuss my truck accident case with a lawyer?
After everything an injured party has experienced, the last thing they would want to deal with is difficult insurance companies and legal paperwork. People facing such situations may be hesitant to bring a bodily injury claim for many reasons, including being unsure of whether they have grounds to move forward with a civil case.
Find out what steps to take next in your case by immediately contacting an experienced accident attorney who can advise you of your rights as a claimant and help you start the personal injury claims process. The sooner you contact a lawyer, the better the chances you will have at securing a favorable outcome in your personal injury case. For information on finding the best truck accident attorney in Roseville to represent you, watch this video.Contact a Truck Accident Attorney in Roseville Today
A personal injury claim for a motor vehicle collision is unique. When a large commercial truck is involved, the case may be more complex because of the laws and regulations that govern the trucking industry. This may be compounded by the catastrophic consequences often seen in traffic collisions. It requires knowledge, skills, and resources to effectively build a strong motor carrier claim for fair compensation. Our law firm has handled truck accident cases like yours since 1982, and we can put our experience to work for you and your motor carrier claim.
Our extensive experience with state and federal laws regulating the trucking industry is why we obtain favorable outcomes in personal injury cases against truck companies. We are proud of the successful verdicts and settlements we have secured on behalf of our clients. Call us today to schedule a meeting with one of our Roseville truck accident lawyers and learn how we can help you move forward with your case at (916) 921-6400 or (800) 404-5400. We handle claims under a contingency fee arrangement meaning you owe us nothing unless we recover fair compensation on your behalf.
Editor's Note: updated [cha 6.21.23] Photo Source: By “Markus Spiske” via Pexels ds [cs 1799] bw