Citrus Heights Truck Accident Lawyer
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Citrus Heights Truck Accident Attorney
Legal Representation for Victims of Truck Accidents in Citrus Heights, CA
When a truck accident happens, the results can be devastating. However, if you or a loved one was recently injured in a truck accident caused by someone else, you likely have grounds for a civil suit that could allow you to recover your damages and hold the at-fault party accountable for their actions. The Kreeger Law Firm has represented many Citrus Heights area clients in complex personal injury cases and can leverage this experience on your behalf in your truck accident claim.
Why You Need a Citrus Heights Truck Accident Lawyer
When people try to manage their own personal injury cases without legal representation, they face a long series of complex court proceedings and strict filing requirements. Any mistakes in the initial stages of a personal injury claim can, at best, delay the plaintiff’s securing compensation for their damages and, at worst, can risk their ability to seek recovery from those losses. Instead of making an already demanding situation worse by trying to manage your case unassisted while handling your medical needs after a truck accident, have an experienced Citrus Heights truck accident lawyer handle your case while you focus on your recovery.
What to Expect From Your Citrus Heights Truck Accident Attorney
When you choose the Kreeger Law Firm to represent you, we will start handling your case by carefully reviewing the details of the truck accident in question. Our team has extensive experience with complicated personal injury claims, and we know how to find the evidence our clients need to establish fault for their damages. Once we have helped you identify the defendant or defendants responsible for your damages, we will assist you in accurately calculating those damages.
It’s common for personal injury plaintiffs to undervalue their claims until they find legal representation. If you secure reliable and experienced legal counsel to represent you, you could discover that your truck accident claim is worth much more than you initially anticipated. Kreeger Law Firm can also address any complex issues surrounding liability for your accident, as many truck accidents draw upon specific areas of civil law, such as the vicarious liability statute that applies when one party bears fault for the actions of another.
Ultimately, every civil claim filed in California is unique, and every claimant faces a different path through the legal system when they have suffered a personal injury. While similar to standard car accident claims, truck accident claims often involve unique legal issues and difficult questions concerning liability. These incidents also tend to be far more damaging than typical car accidents due to the enormous size of most commercial trucks. Therefore, if you want the best chance of succeeding with your truck accident claim, you need a Citrus Heights truck accident lawyer you can trust to handle your case.
Determining Liability for Your Truck Accident
California uses a fault rule to resolve car accidents, meaning the driver responsible for causing an accident absorbs fault for the resulting damages. These damages may include other motorists’ injuries, property losses, pain and suffering, and long-term losses resulting from the accident. The foundation of any personal injury claim is identifying the party responsible for causing claimed damages and then proving their actions directly caused those damages. However, if a truck driver caused your recent truck accident in Citrus Heights, their employer could also face liability.
Vicarious liability comes into play in a civil case when another party aside from the defendant bears fault for the plaintiff’s losses. For example, if a truck accident occurs because the truck driver was under the influence of alcohol behind the wheel, this would typically mean that the truck driver would absorb fault for the resulting damages. However, if their employer failed to conduct a proper background check before hiring the driver that would have exposed their drunk driving risk, the employer would face vicarious liability for the accident. The same would apply if an employer failed to ensure proper training for a truck driver or failed to uphold applicable trucking industry regulations.
Your Citrus Heights truck accident lawyer will help you gather the evidence you need to prove fault for your recent truck accident. This may require physical evidence from the crash scene, records from the computers of the vehicles involved, traffic camera footage, if available, cell phone records, and more. Your attorney may also seek eyewitness statements from anyone who saw the accident occur, and they should thoroughly review the police report from the incident.
Common Causes of Truck Accidents in California
- Truck driver negligence. Truck drivers have a professional duty of care to operate their trucks safely and follow the rules of the road. However, a truck driver can easily cause an accident if they are negligent behind the wheel.
- Distracted driving. The most common cause of traffic accidents in the US is distracted driving. Even a few seconds of inattentive driving can cause a serious accident.
- Driving under the influence (DUI) of drugs or alcohol. Truck drivers have demanding schedules, and some, unfortunately, choose to cope with their job stress by consuming alcohol or drugs. DUI can easily cause a very damaging truck accident. The intoxicated driver may face liability for victims’ civil damages and criminal prosecution,as well as the loss of their commercial driver’s license.
- Improperly loaded cargo. When a commercial truck is fully loaded, the shipment must be arranged to ensure balance on the road. Large commercial trucks are taller than most other cars and stand higher off the road surface. This means a commercial truck has a higher center of gravity, so the vehicle is more vulnerable to tip-overs and rollovers when the cargo load isn’t balanced correctly.
- Mechanical failures. Large commercial trucks spend a great deal of time on the road and have much larger and more complex internal mechanics than standard passenger vehicles. This means these vehicles have greater maintenance demands. If any party responsible for truck maintenance fails to ensure a truck is in complete working order and an accident is the result, that party absorbs fault for the resulting damages.
The difficulty in accurately determining liability for a truck accident is one of the most important reasons to hire reliable legal counsel when faced with this situation. Your Citrus Heights truck accident attorney can help you gather whatever evidence necessary to accurately establish fault for your accident. The next phase of your case will revolve around the damages you can claim.
Potential Damages in Your Truck Accident Claim
Commercial truck accidents are some of the most damaging vehicle accidents in California. If you or a loved one was injured in a truck accident, your attorney could help you calculate the full scope of damages you can include in your claim. California law allows a personal injury plaintiff to seek full recovery for any economic losses incurred by a defendant’s actions. These economic damages are likely to include:
- Medical care costs. A truck accident can easily cause devastating physical injuries. In a truck accident claim, the plaintiff has the right to hold the defendant responsible for all medical treatment costs they incur from the accident. This includes immediate emergency treatment and any ongoing care the victim requires. Many truck accidents cause catastrophic injuries that result in permanent medical complications.
- Lost wages. The victim of a truck accident is unlikely to be able to work for some time following their experience. Some victims are left unable to return to work at all due to the severity of their injuries. The defendant is responsible for any lost income incurred by the plaintiff. This includes lost future earning potential when the plaintiff is unable to work anymore due to the severity of their injuries.
- Property damage. The plaintiff can hold the defendant accountable for damage to their vehicle and other personal belongings lost in the crash.
After calculating your economic damages, your Citrus Heights truck accident lawyer can then help you determine a fair amount of pain and suffering compensation to seek with your claim. California law does not limit the amount of non-economic damages a plaintiff can claim in a personal injury suit, but the amount claimed must be reasonable considering the extent of their economic damages and the nature of the incident in question.
California personal injury lawyers typically use two methods to determine pain and suffering compensation for their clients. First, when a plaintiff is expected to recover from their injuries within a relatively brief time, their attorney may opt for a “per diem” pain and suffering settlement that awards compensation every day until the plaintiff reaches maximum medical improvement. Alternatively, a lawyer is more likely to seek a large lump sum if their client faces any long-term or permanent harm from the accident. Lump sum pain and suffering is often determined by multiplying the plaintiff’s claimed economic damages by a factor of one to five to reflect the seriousness of their condition.
Q: Is It Worth Hiring a Citrus Heights Truck Accident Lawyer?
A: Hiring legal counsel you can trust for a truck accident suit significantly increases your chances of success with the claim and maximizes your recovery. The average person with no legal training would be likely to make mistakes in managing their case, and they could overlook available compensation channels. Working with an experienced attorney is the best way to maximize your total recovery after any personal injury.
Q: When Should I Contact an Attorney?
A: After an accident, your first concern should be your personal health and well-being. Address any immediate medical concerns before consulting an attorney. However, make sure you have legal counsel representing you before you speak with any insurance company representatives. Do not accept any settlement offers until your attorney has the chance to review them.
Q: What If I’m Partially to Blame for the Truck Accident?
A: If a plaintiff bears partial fault for causing their damages in a personal injury case, California’s pure comparative negligence law will apply to the case. The plaintiff would still be able to recover damages, but they lose a percentage of the case award equal to their share of fault in causing the accident. Depending on the total value of the claim, even a small percentage of partial fault can make a significant dent in the plaintiff’s final recovery.
Q: How Long Will My Truck Accident Case Take?
A: Most personal injury claims filed in California end in settlement negotiations. If the parties involved can negotiate a mutually agreeable settlement, it’s possible for them to finalize the case within a few weeks. Alternatively, if the defendant contests their liability or argues against the scope of the damages sought by the plaintiff, the case may proceed to trial.
You probably have many more questions about your recent truck accident, and if you are struggling in the aftermath of a truck crash someone else caused, you need legal counsel you can trust as soon as possible.Contact the Kreeger Law Firm today and schedule your consultation with an experienced Citrus Heights truck accident lawyer.