Folsom Truck Accident Lawyer

One of the most devastating accidents anyone can experience is a collision with a commercial vehicle. Due to the differences between semi-trucks and smaller passenger vehicles, accident victims often suffer severe or life-altering injuries that can leave them ruined financially.

Many truck accident injuries can take months or even longer to heal, leaving victims unable to work and provide for themselves and their families. Furthermore, many insurance companies seek ways to deny truck accident claims that may result in significant financial settlements to protect their bottom line.

The Weinberger Law Firm of Folsom, CA, is dedicated to helping clients injured in truck accidents obtain fair compensation for their medical expenses, lost wages, and emotional suffering. Our highly experienced legal team is fearless in standing up to the insurance company and will fight to help you receive the justice you deserve.

Contact our law office to schedule a free consultation with a Folsom truck accident lawyer who will gladly review your case and determine your legal options.

How is Liability Determined in a Truck Accident Case?

Most people naturally think that a truck driver is the only person who can be held responsible in an accident case. Nevertheless, California law dictates that more than one person or entity may also face legal action for a collision caused by negligence.

Other entities that may be held liable for a large truck accident include the trucking company and manufacturer. To prove negligence occurred, the plaintiff in a truck accident lawsuit must prove several legal elements, including:

The defendant owed the victim a duty of care
The defendant breached their duty of care through negligence
The breach of the duty of care was a contributing factor in the plaintiff suffering damages

For example, if a truck driver is found to have engaged in negligent driving, such as driving while fatigued, which led to an accident, they may have breached their duty of care and may be held liable. In other instances, evidence may show that the trucking company pushed their driver to operate over their legal Hours of Service (HOS) or that a manufacturer used inferior parts, contributing to an accident.

Finally, one of the most challenging aspects of truck accident cases is determining who should be held accountable for injuries and damages when multiple parties are involved in the crash.

Contact our truck accident lawyer immediately if you have been injured in a commercial vehicle accident. Our years of experience handling personal injury cases have given us the skills to determine liability and help you receive total compensation for your injuries.

What are the Most Common Reasons Truck Accidents Occur in Folsom, California?

Sadly, the Folsom area is no stranger to truck accidents. Commercial vehicles pass through Folsom and Sacramento County to deliver needed goods to local areas. However, as with other motor vehicles, large trucks can be involved in accidents for various reasons.

In most cases, driver negligence is determined to have been the cause of the accident. Some of the most common reasons that truck accidents occur include:

Speeding or aggressive driving
Driver fatigue
Tailgating
Driving under the influence
Lack of driver experience or training
Driving on old tires
Lack of proper vehicle maintenance
Improper loading of cargo
Adverse road or weather conditions

However, distracted driving is one of the most preventable causes of truck accidents. Although federal and state laws prevent truck drivers from using handheld electronic devices or texting while driving, many ignore this rule. If a truck driver allows their eyes to leave the road even for a few seconds, it can result in a deadly motor vehicle accident.

Contact The Weinberger Law Firm today so that we may review your truck accident case to determine the liable party and what legal strategies will suit your needs.

Why Do Trucking Accidents Result in Catastrophic Injuries?

Even a minor trucking accident can result in deadly consequences for other motorists. Due to the overall differences between a large truck and a smaller passenger vehicle, tractor-trailer crashes may lead to severe injuries or permanent disability. In many instances, a large truck speeding may be unable to stop in time and T-bone or crush a passenger car.

Some frequent injuries that accident victims may suffer include:

Whiplash
Cuts, lacerations, and abrasions
Head, neck, and back injuries
Internal injuries
Burns
Facial and dental fractures

However, in many commercial truck accident cases, victims sadly suffer catastrophic injuries that can negatively affect victims and their families for the rest of their lives. Catastrophic injuries are determined to be those that result in the victim becoming permanently disabled and adversely impact their quality of life.

Examples of catastrophic injuries include:

Traumatic brain injuries
Spinal cord injuries
Amputations
Organ loss
Severe burns

Regardless of the severity of your injuries, you need a legal representative who will help you file a truck accident claim that will allow you to recover fair compensation for your medical bills and pain and suffering. If you have been injured in a truck accident, seek medical attention immediately, and then contact our Folsom truck accident lawyer to schedule a free consultation so that we may evaluate your case.

What Type of Compensation Can I Recover After Being Injured in a Trucking Accident?

One of the most common questions that clients ask Folsom truck accident attorneys is how they can recover fair compensation for their injuries and other accident-related damages. Under California law, truck accident injury victims may be able to recover economic and non-economic damages. Even though that may be the case, it is still important to remember that every personal injury case is different. Therefore, any compensation that may be recovered may also vary.

Economic Damages

Economic damages are awarded to reimburse accident victims for monetary losses they have suffered due to injury. Economic damages are meant to repay out-of-pocket expenses the victim has paid or may have to pay in the future due to being involved in an accident and may include:

Past and future medical bills
Lost wages
Loss of earning potential
Property damage

For individuals who have suffered a permanent disability after being injured in a truck accident, a skilled lawyer may be able to recover additional financial compensation that will cover the cost of ongoing medical care.

Non Economic Damages

Non-economic damages are meant to compensate accident victims for intangible losses they have suffered that cannot be measured financially. Instead, non-economic damages are awarded based on the unique facts and circumstances surrounding a personal injury case and what the victim has endured due to injury.

Non-economic damages that are frequently awarded to truck accident victims include:

Pain and suffering
Loss of enjoyment of life
Emotional trauma
Permanent disfigurement and scarring

One of the most beneficial aspects of hiring legal counsel to help you with a claim is that your attorney can professionally evaluate your case to determine what damages may be appropriate for your needs. Allow our Folsom truck accident lawyer to analyze your claim to ensure you receive a financial settlement that will give you the peace of mind you deserve.

Can I Recover Financial Compensation if I Am Partially At Fault for Causing a Truck Accident?

Even though many truck accidents can be attributed to driver error, in some instances, injured parties may share some fault for the crash. California follows the pure comparative negligence doctrine when determining financial compensation claims.

Under California law, if you are a driver injured in a truck accident but also share a degree of liability, any potential settlement you may receive may be reduced by the percentage of fault assigned to you.

For example, if you are awarded $50,000 in financial compensation but are deemed 25% at fault for the accident, you will recover $37,500 as a final total.

Due to California’s pure comparative negligence and insurance laws, many insurance companies look for ways to blame accident victims to reduce the amount they pay out in settlements. That being the case, anyone involved in a motor vehicle accident should always hire an attorney who will fight to protect their legal rights.

The Weinberger Law Firm is familiar with insurers’ many unethical tactics to undervalue claims to protect profits. Allow our law firm to assist you with filing a personal injury claim and protecting your interests.

What Can I Do if My Family Member Suffered Fatal Injuries in a Commercial Vehicle Accident?

If your family member suffered fatal injuries in a commercial vehicle accident that was the result of driver negligence, you are probably feeling angry and uncertain about what the future may hold. California law allows qualifying family members of victims killed in truck accidents to file wrongful death claims to try to recover compensation for damages.

However, specific guidelines must be adhered to when pursuing a wrongful death action. For example, a wrongful death claim must be filed no later than two years from the date of the decedent’s death. Failure to file a claim in the permitted time period will most likely result in a California court throwing the case out. Once a case has been thrown out, a family may lose all legal recourse to try to recover compensation.

However, there are exceptions to the two-year statute of limitations. If a government entity is involved, the time to file a claim may be shortened to 6 months. Additionally, if a minor is pursuing a wrongful death action on behalf of a deceased parent, they have two years after they turn 18 to file.

Under state law, there is a set order as to who may file a wrongful death claim. In order eligible family members include:

Surviving spouse or domestic partner
Children or stepchildren
Parents
Individuals eligible to inherit under the state’s intestate laws
A legal representative of the decedent’s estate

It should also be stated that only one family representative may file a wrongful death lawsuit on behalf of the victim. If compensation is granted, eligible family members will have to decide how the settlement should be divided. If the family cannot agree, the court will decide.

Financial compensation awarded for wrongful death may include:

Funeral and burial expenses
Loss of future financial contributions the decedent could have made to their estate
Medical bills the decedent incurred due to their fatal accident
Loss of moral support and companionship
Emotional distress

Filing a California wrongful death suit can be overly complex and should only be handled by an experienced attorney. Contact our highly skilled truck accident lawyer to learn more about how we can help.

What are the Benefits of Hiring Your Truck Accident Lawyer to Assist Me With Filing a Personal Injury Claim?

Suppose you are considering filing a personal injury claim after being injured in a truck accident. In that case, hiring a well-trained attorney to provide professional legal guidance is in your best interest. Most trucking companies and insurance providers face numerous lawsuits annually, so they look for ways to avoid paying accident claims so it does not negatively affect their profit margins.

Therefore, it is always recommended that accident victims obtain qualified legal counsel to help them file claims. Statistics show that individuals who hire accident lawyers typically receive more significant compensation than those who choose to handle their cases alone.

Some other essential services that Folsom accident lawyers can provide to clients include:

Help you fill out and file confusing claims forms and ensure they are turned in on time
Gather information, such as the police report, medical records, video footage, and witness testimony, which supports your claim.
If necessary, hire an accident reconstructionist, healthcare professionals, and others who can provide expert testimony
Prove fault, especially if multiple liability issues exist, and ensure the responsible party is held accountable
Negotiate with the insurance company on your behalf and take your case to trial if necessary

The Weinberger Law Firm is fearless in standing up to providers who insure commercial trucks and will treat you with the respect you deserve. Contact Folsom truck accident lawyer today by calling 916-520-0476 and ask to schedule a free, no-obligation consultation to discuss your legal needs.