In a perfect world, everyone obeys the rules of the road and drives with caution. But we don’t live in a perfect world. Unfortunately, accidents on the roadways have become commonplace. Some of the most devastating catastrophes result from truck accidents.
When the negligence of a truck driver or other responsible party causes an accident, victims may be entitled to recover damages. You may be entitled to compensation if you or a loved one has been injured in a truck accident. A Stanislaus truck accident lawyer at D’Amore Law Group can explore all legal avenues. They can plan a case strategy to help you get the compensation you deserve. Contact us today.
What to Do After a Truck Accident
After a truck accident, the first thing you must do is call for help. Dial 911 immediately. Making sure you and your loved ones are okay should be your priority. Even if you feel fine, you should seek medical attention anyway.
After receiving medical attention, you should try to collect the following evidence:
- Take photos. Photos of the vehicle damage and the surrounding area can help recreate the accident scene.
- Gather contact details. As with any accident on the road, ask for the name and vehicle information of the other party involved in the crash. Also, get the names and contact information of any witnesses to the accident.
- Collect financial information. Gather records of what the truck accident has cost you, including medical invoices and pay stubs. This information will help your truck accident lawyer calculate your damages.
- Order the police report: At the scene of every accident, the police usually arrive and make their own report about what happened. You can request a copy of this report online or at your local police station.
This evidence can help your truck accident lawyer in Stanislaus build your case.
Truck Accident Liability in California
To receive compensation for a truck accident claim, you must prove negligence. The doctrine of negligence refers to the failure to take the ordinary care that a reasonable person would have taken in a similar situation. The elements of negligence include:
- Duty,
- Breach of duty,
- Causation, and
- Damages.
To win a negligence claim, you must show the other party had a duty and breached it. For example, a truck driver who fell asleep at the wheel breached their duty to drive safely on the road. An employer who did not provide proper job training breached their duty to ensure their employees had the necessary skills for their job. Next, you must prove that this breach directly caused your damages (e.g., injuries, lost wages).
Note that California is a pure comparative negligence state. Under this rule, a victim who is partly at fault for the accident can only recover a portion of their damages, proportionate to their fault. For example, if the total damages are $100,000 and the victim is 40% at fault for the accident, they can recover only $60,000.
A truck accident attorney in Stanislaus, CA, can help you gather evidence to prove liability.
Is There a Time Limit for Filing a Truck Accident Lawsuit in California?
Yes. This time limit is called the statute of limitations. In California, the statute of limitations for personal injury cases is two years. Thus, you have two years from the date of the accident to file your truck accident claim. If you lost a loved one in a truck accident, you have two years from the date of their death to file a wrongful death claim.
After this time limit passes, you are generally no longer able to pursue your truck accident lawsuit. But even if your deadline has passed, you should still contact an attorney. There are a few exceptions that may apply.
How Much Compensation Can a Truck Accident Victim Recover?
The total compensation recoverable depends on the facts of each case. The following is a list of examples of different types of compensation you may be able to recover:
- Medical bills,
- Lost wages,
- Loss of future earnings,
- Pain and suffering,
- Loss of consortium, and
- Wrongful death.
A truck accident lawyer can assess the types of compensation you may be able to claim.
What Are Common Truck Accident Injuries?
Seeking medical attention after a truck accident is imperative. Even if you do not feel unwell, you may have injuries that you cannot see without certain medical tests. Common injuries include:
- Back injuries,
- Broken bones,
- Burn injuries,
- Internal bleeding,
- Post-traumatic stress,
- Traumatic brain injuries,
- Spinal cord injuries,
- Coma,
- Paralysis,
- Disfigurement, and
- Death.
If you or a loved one has suffered injuries or has died from a truck accident, seek out legal advice to find out what your options are.
Contact a Stanislaus Truck Accident Attorney Today
With three decades of experience, D’Amore Law Group represents its community. Our experienced truck accident lawyers communicate with you from beginning to end. We will never keep you in the dark.
We believe in honesty and treat all our clients with the dignity and respect they deserve. Every case is unique. And that’s how we operate. We work with our clients, discuss all options, and plan a strategy that works best for your situation.
You deserve justice. Our mission is to fight to get it for you. Contact D’Amore Law Group today for a free case evaluation.
