Large commercial trucks are common sights on California roads, and the economy and communities across the entire United States rely heavily on commercial trucks. While most truck drivers are responsible and diligent in the handling of their job duties, some, unfortunately, are not, and their negligence can cause devastating accidents. It’s also possible for truck accidents to happen due to the actions of other drivers. Ultimately, truck accidents are always a possibility in the busiest traffic areas, often with catastrophic effects on those involved.
If you or a family member recently suffered injuries in a truck accident in Sacramento, it’s natural to have lots of legal questions when it comes to proving fault for the incident and holding the at-fault party appropriately accountable. Recovery from a truck accident is often more challenging than recovering from a standard motor vehicle accident, but having the right attorney on your side will make all your recovery efforts easier to handle and more likely to generate the results you hope to see.
The Ewing Law Group has a strong record of professional experience representing personal injury suits in Sacramento, including those that pertain to unexpected commercial truck collisions. We know the challenges you are likely to face in your recovery efforts, from proving liability to establishing the scope of your claimable damages. The average person is unlikely to navigate the aftermath of a serious truck accident on their own without legal counsel, and our team can provide the calculated and responsive legal representation you need for this difficult situation.
It is technically possible for the victim of a truck accident or other personal injury to pursue compensation on their own, as there is no law requiring a personal injury plaintiff to hire an attorney. However, it is vital to understand the risks you would face if you attempted to recover on your own. The recovery process from a truck accident is likely to entail an auto insurance claim followed by a personal injury case, and the average person is not prepared for the challenges they would face in these proceedings.
Some people make the mistake of assuming that legal counsel is too expensive and that anything they could foreseeably win from their claim would be overshadowed by the cost of representation. The reality is that a seasoned Sacramento truck accident attorney offers the plaintiff the greatest chance of maximizing their recovery as fully as the law allows. When you have the team at the Ewing Law Group representing you, we will do everything we can to maximize your recovery.
Without legal counsel, you would face the risk of making procedural mistakes in the early stages of your case that could potentially ruin your chances of recovering your damages. It’s also possible to unintentionally settle for less compensation than you legally deserve. When you have the right Sacramento truck accident attorney representing you, you can focus on your medical needs in recovery while your legal representative manages your case proceedings.
Large commercial trucks are vulnerable to many of the same hazards that can cause smaller passenger vehicle accidents due to their large size and heavy weight, and there are additional risk factors unique to large commercial trucks. A few of the most frequently reported causes of commercial truck crashes include:
It’s possible for a truck accident to occur in other ways as well, and ultimately fault could fall to the truck driver and/or another party depending on how the accident happened. Therefore, when you choose the Ewing Law Group to represent you in a truck accident case, our first priority will be helping you determine the exact cause of the accident and identify the party or parties responsible for your damages.
California law requires drivers involved in a collision to determine fault for the incident, and the party who caused the car accident absorbs liability for any and all resulting damages to other motorists. However, truck accidents are typically more difficult to resolve than standard car accidents due to the issue of vicarious liability. Under this legal mechanism, one party can bear fault for the actions of another party, even if the first party was not directly involved in the incident in question. When it comes to truck accidents, vicarious liability applies whenever a truck driver’s employer bears responsibility for the truck driver’s actions that led to the accident.
For example, if a truck driver was operating their vehicle under the influence of alcohol, but their employer never conducted a proper background check on the employee, this would be a solid example of vicarious liability. No matter how your recent truck accident happened, you will need a Sacramento truck accident attorney’s assistance to prove the exact cause of the incident and to identify the parties bearing fault. When vicarious liability applies, all parties that share fault for the incident will have fault percentages assigned, indicating their level of responsibility for causing the victim’s claimed damages.
Comparative fault may also come into play in a truck accident case. In the event a plaintiff shares liability for causing a truck accident or other personal injury, the pure comparative fault rule applies to the case, and they will lose a percentage of the damages won from the defendant or defendants named in their suit. So, for example, if you are found to bear 10% fault for your recent truck accident, you may still proceed with your civil action, but you will lose 10% of the total amount recovered from the defendant.
Working with an experienced Sacramento truck accident attorney offers the chance to overcome issues like this in your truck accident claim. The Ewing Law Group is fully prepared to provide the robust legal counsel you need on your side to recover as wholly as possible from the damages you experienced.
All drivers must have auto insurance, and this requirement extends to commercial drivers. Every auto insurance policy in the state must provide bodily injury liability insurance to cover physical injuries a policyholder causes to another driver in an accident. Their policy must also provide total accident liability coverage, providing bodily injury liability coverage for all injuries inflicted on multiple persons in a single accident. Additionally, the auto insurance policy must include property damage liability coverage to pay for necessary vehicle repairs.
When an accident happens, the injured party has the right to file a claim for coverage against the insurance carrier of the driver at fault. This same rule applies to truck accidents, and most trucking companies and their employees are covered by policies that include more expansive coverage than the minimum amounts required by state law. However, this does not ensure that the injured party will fully recover from the accident with insurance alone, nor can the claimant ever expect an easy time with any insurance claim.
The Ewing Law Group can assist you with your auto insurance claim following a truck accident. Our firm has extensive experience interacting with the largest insurance carriers, including those that provide coverage to truck drivers and trucking companies. Our team will help you draft your demand letter for coverage to the appropriate insurance company and resolve any disputes that might arise with your claim. In addition, we will verify that the insurance company has delivered an appropriate settlement offer under the terms of the at-fault driver’s policy and with respect to the severity of your damages.
If the insurance company does not handle your claim in good faith in any way, you can rely on the Ewing Law Group to address this situation on your behalf. We will guide you through every stage of the insurance claim process until you receive a fair settlement offer. However, it is important to remember that even if you maximize your insurance claim, you could still have outstanding damages that an auto insurance policy cannot cover. In this situation, our team will help you file your personal injury claim against the at-fault driver to recover your remaining losses.
The main goal of any personal injury claim is for the plaintiff to secure the compensation they need to become whole again after an injury that someone else caused. This may seem straightforward enough, but the reality is that many people suffer personal injuries each year and subsequently face a wide range of complex legal issues that make recovery more difficult than it should be.
Most personal injury claims filed in Sacramento arise from acts of negligence, or failure to exercise appropriate care and caution in specific situations. However, it is also possible for a party to cause a personal injury to another party through intentional, often illegal, misconduct. Therefore, the first step of any personal injury case is proving the exact cause of the damages in question.
When negligence has caused your recent truck accident, your attorney will assist you in proving that the defendant owed a duty of care they failed to fulfill and consequently inflicted your claimed damages. For example, a driver has a duty of care to operate their vehicle attentively, and any form of distracted driving would be a breach of this duty of care. An experienced Sacramento truck accident attorney can help their client gather physical evidence to prove fault, such as traffic camera footage and vehicle computer data. Once negligence has been established, the defendant absorbs liability for all damages resulting from their breached duty of care.
Alternatively, if your truck accident happened because of any type of illegal misconduct, the at-fault driver faces not only liability for your civil damages but also a criminal case from the state. DUI, reckless driving, and intentional misconduct of any kind behind the wheel of a commercial truck can lead to serious criminal charges for the defendant. As a result, they would not only lose their commercial driver’s license and face liability for your damages but also likely face jail time and additional penalties issued at the discretion of the judge.
After proving liability for your recent truck accident and identifying the party or parties bearing fault for your damages, you must go on to prove the full extent of those damages. Most of the personal injury cases filed end in settlement, but there is always a chance for a case to progress to litigation. In either situation, you can rely on Ewing Law Group to provide comprehensive legal counsel through all stages of your proceedings.
The right attorney handling your case could enable you to secure far more compensation than you may have initially expected for your claim. The average person may be able to calculate immediately noticeable losses, but they are likely to struggle when it comes to assessing long-term damages. Under California’s personal injury laws, the injured plaintiff has the right to hold a defendant accountable for full repayment of all their economic losses caused by the defendant’s negligence or misconduct, which are likely to include:
Once you have seasoned legal counsel working on your case, you might be surprised to discover that your claim is worth much more than you initially expected. However, recovery from a truck accident or any other personal injury does not end with your economic losses. You also have the right to seek appropriate pain and suffering compensation from the defendant who injured you.
An experienced Sacramento truck accident attorney provides several important advantages no matter what your individual case entails. First, if you choose Ewing Law Group to represent your case, we will immediately begin gathering the evidence and testimony needed to firmly prove liability for your accident. We have extensive professional experience handling many types of motor vehicle accident claims, including truck accident cases, so we will know what types of evidence you will need to substantiate your claim for damages.
Our goal in every personal injury case we accept is to help our client maximize their recovery in the most efficient manner possible. Therefore, we will carefully explain the types of compensation you can claim and assist you in building your case against the defendant. Proving fault is essential for both your auto insurance claim against the at-fault driver and a personal injury case, so you can rely on our team to guide you through both of these likely recovery strategies to help you maximize your recovery.
Ewing Law Group has extensive legal resources like professional contacts we can consult if you need expert witness testimony to support your case. If the defendant who caused your accident asserts comparative fault, we will do everything we can to nullify their claim and preserve your right to recover compensation for your damages. Ultimately, no two cases are exactly alike, and every plaintiff in a truck accident claim is likely to face unexpected obstacles as they seek compensation for their damages. Rest assured that when you choose our firm to represent you, we will do everything in our power to resolve your case as efficiently as possible.
A: Having experienced legal counsel on your side as you navigate the aftermath of a serious truck accident offers several important benefits. You will be able to rest and recover with peace of mind as your attorney handles your legal affairs on your behalf. You will be far more likely to reach a positive outcome for your recovery efforts than you would be on your own. You are also more likely to streamline your case proceedings with an attorney’s help, reducing the time it takes you to recover your losses.
A: It’s an excellent idea to hire legal counsel you can trust as soon as possible after an accident. Once you have received medical treatment for your injuries, reach out to a Sacramento truck accident attorney you can trust before discussing an insurance claim settlement with the insurance carrier of the at-fault driver or exploring any other recovery efforts. The sooner you connect with legal counsel, the sooner they can help you determine your path to recovery.
A: Under state law, the at-fault party responsible for causing your truck accident bears full responsibility for any and all economic losses they inflicted on you. This includes medical expenses, both immediate and future, and lost income, including their lost future earning capacity. Additionally, the victim of a personal injury has the right to seek pain and suffering compensation from the defendant responsible for their injury. Your Sacramento truck accident attorney can offer a reasonable estimate of your case’s total potential value.
A: Your recovery efforts from a truck accident are likely to include an auto insurance claim against the at-fault driver followed by a personal injury claim. Your personal injury action seeks compensation for losses not covered by insurance. The time it takes you to complete these recovery efforts depends heavily on whether the defendant accepts liability for the accident and the scope of the damages they caused. Your Sacramento truck accident attorney can provide an estimate of how long it may take you to recover from your recent truck accident.
A: Most law firms that take personal injury cases offer their clients something called contingency fee billing, meaning the client pays nothing upfront and only owes a fee to their attorney if they win their case. Other attorneys charge by the hour, so the more time they spend working on a case, the more it costs their client. It’s also possible for attorneys to bill flat rates for specific legal services. Always verify your potential attorney’s billing policies before agreeing to their representation.
When you choose the Ewing Law Group to represent you in a truck accident claim, you will have instantly available access to a responsive legal advocate who can answer questions and address concerns as they arise throughout your case. The team at the Ewing Law Group is committed to helping our clients recover from their truck accidents and other personal injuries as swiftly as possible, and we have cultivated a strong professional reputation as a leading choice for legal representation in the Sacramento area. If you believe you are ready to learn what the Ewing Law Group can do for you after a truck accident, contact us and schedule a meeting with a Sacramento truck accident attorney today.