Marysville Truck Accident Lawyer
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Marysville, CA Truck Accident Attorney
Most California drivers are accustomed to encountering various large commercial trucks as they navigate the roads of the Marysville area and throughout the state. While most drivers navigate these situations with minimal issues, others are not so fortunate and experience devastating accidents. While any motor vehicle accident has the potential to cause catastrophic or fatal injuries to those involved, this risk is much greater in any accident involving a large commercial truck.
Large trucks are some of the most inherently dangerous vehicles on California roads for several reasons. They are much larger, taller, and heavier than most vehicles and are susceptible to many risk factors that don’t concern passenger vehicle drivers. The trucking industry is also heavily regulated at the federal level, and California enforces its own state-level regulations pertaining to commercial trucks, such as axle weight limits and emissions restrictions.
When truck accidents happen, injured victims need legal counsel they can trust to help them identify those responsible for their damages and hold them accountable for their negligence and misconduct. The Kreeger Law Firm is a team of experienced California attorneys capable of providing robust personal injury representation for victims of commercial truck accidents in Marysville, CA. If you or a loved one have pressing legal questions while recovering from injuries sustained in an accident someone else caused, we can help.
Proving Liability for a Truck Accident in Marysville, CA
California enforces a fault-based system when it comes to resolving car accidents, and all drivers are required to carry appropriate insurance that meets the state’s minimum coverage requirements. This applies to commercial trucks as well. Truck drivers and trucking companies maintain various forms of insurance coverage that may come into play after a driver has an accident. However, dealing with insurance companies can be very difficult, and there is no guarantee that an insurance claim alone will compensate for the full scope of damages you experienced. It’s also possible for more than one party to be at fault for your accident.
The legal concept of “vicarious liability” applies in any civil case when a party aside from the defendant is liable for the defendant’s actions. Vicarious liability most commonly applies to employers and their employees, such as a trucking company and a truck driver employed by the company. It’s possible for a truck driver to cause an accident due to their own negligence or misconduct, but it is also possible for such an accident to occur due to the trucking company’s failure to properly manage, train, or vet employees.
For example, if a trucking company neglected to perform a proper background check on a driver and the driver has a history of driving under the influence (DUI), the trucking company would be vicariously liable if the driver were to later cause a truck accident due to impaired driving. All trucking companies must not only verify employee training, credentials, criminal history, and experience but also abide by other regulations as well. For example, drivers are required to take appropriate rest breaks between long shifts of driving.
Some of the most common causes of commercial truck accidents that lead to civil suits for damages against truck drivers and/or their employers include:
- Regulatory noncompliance. Any failure to abide by trucking industry regulations can easily cause a devastating collision, and the driver and/or their employer could face liability. For example, if a truck driver operates their vehicle too long while fatigued in violation of industry hours of service rules, the driver could easily cause an accident.Their employer could face penalties for failing to enforce hours of service rules.
- DUI. Commercial truck drivers can potentially lose their commercial drivers’ licenses (CDLs) if they cause accidents while under the influence of drugs or alcohol. Penalties for DUI in California can include fines, jail time, suspension of driving privileges, and various other penalties.
- Improperly loaded cargo. Commercial trucks are much taller and heavier than most other vehicles. This leaves these large vehicles susceptible to weight and balance hazards on the road. For example, if a truck’s trailer is not balanced correctly, the driver could lose control of the vehicle around a sharp turn.
Truck accidents can also happen for many of the same reasons that other vehicle accidents happen. Distracted driving, speeding, reckless driving, and vehicle maintenance issues may also lead to devastating truck accidents. If you are unsure who caused your accident or if you were seriously injured and do not remember the incident, you will need an experienced attorney’s assistance to ensure accountability for the party responsible for your accident.
Damages Recoverable in a Truck Accident Claim
California law states that any driver who causes an accident is responsible for the resulting damages. Once your Marysville, CA truck accident attorney has helped you identify the party or parties liable for your recent accident, they will then assist you in calculating the full scope of damages you can claim from them. Auto insurance can provide some initial compensation quickly after an accident if you have an experienced attorney assisting you with your claim.
Once you have exhausted your recovery options through insurance, you can proceed with a civil suit against the defendant responsible for your accident. You have the right to seek full repayment of all economic losses you sustained that the defendant’s insurance can’t cover. In most personal injury claims filed in Marysville, CA, a plaintiff can claim compensation for their medical expenses, lost income, and property damage. They also have the right to seek compensation for long-term economic losses, such as the cost of necessary ongoing medical care and lost future earning capacity if they cannot return to work.
California law also enables a personal injury plaintiff to seek compensation for the pain and suffering they have experienced. If your recent truck accident in the Marysville, CA area resulted in any permanent harm, pain and suffering compensation could form a substantial portion of your final recovery. An experienced Marysville, CA truck accident attorney will know how to maximize the pain and suffering compensation you obtain from the defendant.
Q: How Can I Prove Fault for a Recent Truck Accident in Marysville, CA?
A: Determining liability is the first step in recovering from any vehicle accident, but this can be especially difficult in truck accident claims. Depending on how your accident happened, the truck driver, their employer, a third party, or a combination of defendants may hold liability for your damages. It’s best to consult an experienced Marysville, CA truck accident attorney for specific advice about your unique situation.
Q: Do I Need an Attorney to File a Truck Accident Claim in California?
A: It is technically possible to file a civil claim for damages in California on your own, and many personal injury victims worry about the potential cost of hiring legal counsel to help with their claims. While it may be possible to file and win a truck accident suit by yourself, doing so will be incredibly difficult.Even if you manage to prove liability, you are unlikely to recover as much compensation as an experienced attorney may have won on your behalf.
Q: How Long Will It Take to Get an Auto Insurance Settlement Check?
A: While auto insurance is available after any vehicle accident, it may take several days to several weeks to secure your settlement check from the insurance company. It could take some time for the insurer to review and approve your claim, and there is always a chance for disputes to arise or for an insurer to reject a claim unfairly. Working with an experienced Marysville, CA truck accident attorney is the best way to maximize any recovery you obtain through insurance.
Q: What Could Happen If I Am Partially Responsible for a Truck Accident?
A: California uses a pure comparative negligence standard to resolve disputes regarding fault for civil damages. In the event two or more parties share fault for any personal injury, the judge overseeing their case will assign each liable party a percentage of fault. If you are a plaintiff in a personal injury claim and receive a fault percentage, you will lose this percentage of your case award to reflect your shared liability.
Q: Is It Worth Hiring a Marysville, CA Truck Accident Attorney?
A: Even after you account for the cost of hiring your attorney, the right legal representation can make a tremendous difference in the outcome of your truck accident claim. Your attorney can streamline all your recovery efforts substantially, reducing the time it takes to secure the compensation you need after a damaging truck accident. They are also likely to uncover avenues of recovery you may not have considered on your own, enhancing your final case award.
It is always best to have legal representation you can trust when you intend to file any type of civil claim for damages in California. A truck accident claim can potentially escalate into a very complex and hotly contested dispute, and it’s important for any injured accident victim to know their rights when it comes to recovering their damages. The Kreeger Law Firm can provide the compassionate representation you need to recover with confidence from a truck accident. Contact us today and schedule your consultation with an experienced Marysville, CA truck accident attorney.