Fairfield Truck Accident Lawyers
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Trucks can be dangerous vehicles because of their massive size and weight. Thus, being the victim of a truck accident can leave you with catastrophic injuries.
Unfortunately, truck collisions occur regularly because of someone’s negligence. If you or a loved one has been injured in a truck accident in California, know that you have options. California law allows you to bring a negligence claim against the responsible party and recover compensation for the damages suffered.
Speak with a Fairfield truck accident lawyer at Wells Call Injury Lawyers. We can review your case and assess your ability to bring a claim.
How Can I Prove Liability in a Truck Accident?
Liability in a truck accident is contingent on the facts of each case. Various potential parties can be held responsible for the accident. Ultimately, you typically must prove that the party you are suing acted negligently.
Therefore, to be successful in your truck accident claim, you must prove the four elements of negligence:
- Duty of care. You must prove the party you are suing owed you a duty of care.
- Breach of duty. You must prove the party you are suing breached that duty.
- Causation. You must connect the party’s breach of duty to the injuries you suffered from the truck accident.
- Damages. You must show proof of damages from the accident, such as injuries and financial loss.
Demonstrating these elements will look different in every situation. An experienced truck accident attorney can walk you through the process of gathering the evidence necessary to prove each of them. The parties accountable in each accident will also be unique, however, the following are the most common at-fault parties in a truck accident lawsuit.
Truck Driver
Truck drivers on the roadway owe a duty of care to everyone else on the road, including other drivers, motorcyclists, bicyclists, users of public transportation, and pedestrians. Examples of a breach of this duty include the following:
- Speeding,
- Distracted driving,
- Driving while under the influence of alcohol or drugs,
- Running a red light, and
- Improper lane changing.
Truck drivers are no different from other drivers. They must drive carefully and obey traffic laws, and when they fail to do so, they can be held liable for the damages they create.
Trucking Company
Trucking companies can be liable for a truck accident in two different ways: from the negligence of their truck drivers or their own negligence.
If the truck drivers are employees of the company, you may be able to hold the trucking company responsible for the negligent acts of the driver.
Trucking companies also have their own duties and responsibilities, such as:
- Hiring qualified truck drivers,
- Performing background checks on all truck drivers,
- Training truck drivers properly,
- Scheduling routine truck maintenance, and
- Ensuring truck drivers adhere to state and federal regulations.
Trucking companies can breach these duties by not training their truck drivers or failing to perform background checks. Truck companies might also encourage truck drivers to drive over the federal hour limit.
Truck Manufacturers
Truck manufacturers must construct trucks and truck parts competently and correctly. If they fail to do this, they can be held liable for any resulting damages.
Common breaches include design and manufacturing defects in the truck or certain parts of the truck.
Truck Loaders
Truck loaders must fasten the truck’s cargo onto the truck. They breach their duty when the cargo is not secure, leading to injury. Examples include cargo falling off a truck because it was not secure and cargo breaking and causing the truck to veer off the road.
Improper truck loading can cause a devastating truck crash, especially if the cargo is heavy.
Truck Maintenance Company
Truck companies will schedule maintenance for their trucks to ensure their vehicles are running efficiently. These maintenance companies have the duty to identify any issues with the trucks, such as faulty brakes and fuel tank issues.
If the maintenance company fails to diagnose an issue with the truck and would have found the issue if they had taken reasonable care, then they may be liable for a subsequent accident.
What Types of Injuries Result from a Truck Accident?
Truck accidents can leave victims with various injuries, from minor bumps and bruises to severe life-changing conditions. In 2021, the National Safety Council found that 1117,300 large trucks were involved in an accident that caused an injury.
Every accident is different, so the injuries will depend on the facts of the case. Common truck accident injuries include the following:
- Neck injuries,
- Broken bones,
- Spinal cord injuries,
- Traumatic brain injuries,
- Burns,
- Internal bleeding,
- Lacerations,
- Disfigurement,
- Loss of limb,
- Paralysis,
- Amputations, and
- Coma.
Unfortunately, truck accidents can also result in death. The National Safety Council also reported that almost 5,800 people were killed in large truck accidents in 2021.
What Types of Damages Can I Recover?
An experienced Fairfield truck accident lawyer can calculate the damages you suffered. Common types of compensation you may be able to recover include the following:
- Medical bills,
- Loss of income,
- Loss of earning capacity,
- Pain and suffering,
- Loss of consortium, and
- Loss of enjoyment of life.
If a loved one died in a truck accident, we are very sorry for your loss. Know that you may be able to bring a wrongful death claim. Contact our office and we’ll explain your options.
How Long Do I Have to Bring a Truck Accident Claim?
Truck accident claims are a type of personal injury claim. California law sets a two-year deadline to bring personal injury claims. Thus, if you or your loved one were injured in a truck accident, you have two years from the accident date to bring a claim against the negligent party.
Generally, if you miss this deadline, absent certain exceptions, you will be barred from recovering any compensation.
Don’t delay in bringing your truck accident claim. Contact our seasoned attorneys at Wells Call and learn how we can help you get justice.
Contact Us for a Free Case Evaluation
We have over 40 years of experience at Wells Call Injury Lawyers and we have recovered hundreds of millions of dollars for our clients. Our mission is to help our clients get their lives back together after a tragedy. We want you to relax and recover from your injuries. Spend this time with your family. We’ll deal with the insurance companies and pursue your case.
Contact us to speak with a Fairfield truck accident attorney and start your road to financial recovery.
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Additional Practice Areas We Handle
In addition to truck accident cases, our experienced team also handles other personal injury cases in Fairfield. If you’ve been injured and need legal guidance, explore our other services:
