Commercial vehicles like semi-trucks weigh up to 80,000 when fully loaded and can cause extensive damage when collisions occur. Truck drivers may walk away unscathed from the accident because of the protection their vehicles provide, but many passenger vehicle occupants are not so fortunate. Further, the complexity of trucking insurance and practices can make it difficult for accident victims to navigate the aftermath of an accident alone.
If you were injured in a truck accident, you do not have to go through the claims process by yourself. And in many cases, it is unwise to do so. Seeking compensation on your own distracts from your healing process and leaves you vulnerable to unscrupulous insurance companies. By hiring an experienced Santa Clara truck accident lawyer, you help lay a strong foundation for your legal claim and give yourself peace of mind.
Tom D’Amore of D’Amore Law Group received the Trucking Law Board Certification from the Academy of Truck Accident Attorneys, the first and only trucking law organization in the country credentialed by the American Bar Association. Tom is also the only attorney on the National Board of Trial Advocacy who maintains an office in Oregon and has received the Trucking Law Board Certification. D’Amore Law Group provides outstanding representation to its clients, and they secured the largest semi-truck accident verdict in Oregon history of $26.4 million. Don’t hesitate to contact us today.
What Do I Need to Prove in a Truck Accident Case?
If you are in a truck accident, you typically must prove the elements of negligence to have a valid claim against the at-fault driver or trucking company. To accomplish this, you must show the following:
- Duty of care. You first must show the at-fault driver or trucking company owed you a duty of care. For example, you can achieve this by showing that the situation required the truck driver to follow the applicable rules of the road or that the trucking company was required to properly screen and train its drivers.
- Breach of duty of care. The next element you must prove is that the trucking company or driver failed to meet their obligations under the circumstances. For example, you might do this by presenting evidence that the driver did not stop at a red light or violated another traffic law or trucking regulation.
- Causation. You must also show a causal connection between the at-fault party’s breach and your subsequent injury. Another way to look at this is you must show that, had the at-fault party taken the appropriate action, you would not have suffered an injury.
- Damages. You need to prove you suffered actual damages.
The law requires you to prove all four elements to have a valid legal claim. A Santa Clara truck accident attorney can help you gather evidence to craft a persuasive legal case against the at-fault parties.
What Can a Truck Accident Attorney in Santa Clara Do for Me?
Truck accident attorneys serve as tireless advocates for injury victims, shielding them from the tactics used by at-fault parties to wear victims down and fighting to protect and assert their legal rights. Here are the invaluable services a personal injury lawyer performs for clients.
Investigating the Claim
Truck accident attorneys will carefully investigate your claim and perform additional research to find important case law and other information to support your case for compensation. To gather evidence, the attorney can:
- Interview witnesses,
- Question the truck driver and trucking company,
- Request and review your medical records,
- Analyze the truck’s logbooks,
- Call on the help of accident reconstructionists, and
- Perform legal research to explore all avenues of recovery.
Building a solid case is vital to help increase your chances of success in court or at the negotiating table.
Filing the Claim on Your Behalf
Filing a claim with your insurance company and a lawsuit with the appropriate court takes skill and care. Further, it is important to file your lawsuit before the applicable statute of limitations expires. In California, a personal injury claim must be filed within two years of the date of the accident. But there are factors that can increase or decrease the time you have to file a claim. A lawyer can review your case and help you file your claim before the expiration of this crucial deadline.
Negotiating with the Insurance Company and At-Fault Parties
Insurance companies often try to persuade victims to accept fast settlement offers, especially if the person’s injuries are severe. But these offers are often for far less compensation than a victim may be entitled to under California law.
By having an attorney on their side, victims can insulate themselves against these practices and help negotiate a settlement that adequately accounts for their damages. A personal injury lawyer fights for the interests of accident victims and helps keep the insurance company, at-fault driver, and trucking company at bay so that victims can focus on their recovery.
Representing You in Court
If the opposing party refuses to make a fair settlement offer, a truck accident lawyer in Santa Clara can serve as your fierce advocate in court. They will perform extensive legal research to create strong arguments in your favor to present to the judge—if there is a bench trial—or jury—if there is a jury trial.
Contact a Santa Clara Truck Accident Lawyer from D’Amore Law Group
When you are in a truck accident, you may be hurting and looking for answers. Further, you want to be heard and obtain justice. D’Amore Law Group has over 30 years of experience fighting for the rights of personal injury victims. Our team has handled over 2,000 cases and is well-known and respected in this space, earning the AV Preeminent Rating from Martindale-Hubbell, which is the highest rating given to law firms. If you suffered injuries in a truck accident, contact our firm today to schedule a no-obligation consultation.