Large commercial trucks are common sights. While most drivers in the Roseville area are probably accustomed to seeing large trucks on their daily commutes, it is important for all drivers to recognize the inherent dangers these large vehicles present. Truck accidents, though rarer than standard passenger vehicle accidents, do happen for many reasons. Although they face some of the same risk factors as smaller vehicles, they are also vulnerable to additional risk factors and tend to cause far worse damage when they crash.
Helping Truck Accident Victims Recover in Roseville, CA
If you or a family member is struggling with injuries suffered in a truck crash, you need legal counsel you can trust to help you secure compensation for your damages. When another party is to blame for any personal injury in Roseville, the right attorney can make a tremendous difference in the quality of your recovery from the incident.
The Ward Firm offers compassionate, client-focused legal counsel for truck accident claims in the Roseville area. Throughout the years of our firm’s professional experience, we have successfully represented many clients as they have pursued compensation for the damages inflicted by others, and we are ready to put this experience to work for you.
Determining Liability for a Truck Crash in Roseville
The first step in recovering from a truck crash in Roseville is proving how it happened. You must identify the driver you believe to be responsible for the accident and prove that their actions directly caused your claimed damages. It’s possible for the defendant in your case to be the driver of the truck, their employer, a third party, or a combination of multiple liable parties. A few of the most commonly reported causes of truck accidents include:
Distracted driving. It is very dangerous for any driver to operate their vehicle inattentively. Even momentary distractions can potentially cause serious harm to others, especially if the driver of a large commercial truck becomes distracted behind the wheel.
Intoxicated driving. Driving under the influence (DUI) of alcohol or drugs is a serious criminal offense. A driver convicted of DUI faces fines, jail time, and driver’s license suspension. If a truck driver is convicted of DUI, they are likely to lose their commercial driver’s license (CDL). Penalties for DUI automatically increase when the defendant causes an accident resulting in bodily harm or death to another person.
It is dangerous for any driver to speed, but it is especially dangerous for a truck driver to exceed posted speed limits. Excessive speeding can increase not only the chance of an accident happening but also the severity of resulting damages. Excessive speeding often leads to reckless driving charges.
Improperly loaded cargo. Large commercial trucks often carry heavy loads, and the parties responsible for loading these vehicles need to ensure they are properly balanced and secured. Imbalanced cargo can cause the total weight of the truck to shift in transit, potentially resulting in a tip-over or rollover accident. The party responsible for loading the truck would face liability for the resulting damages.
Traffic violations. Whenever drivers fail to follow posted traffic signals, they put themselves and others at risk. Moving violations such as running red lights or stop signs, performing illegal turns, or failing to yield the right-of-way are common moving violations that can easily disrupt the flow of traffic and cause serious accidents.
These are only a few of the ways that a truck crash might happen. Beyond proving the exact cause of a truck crash, the plaintiff in a truck crash case faces the additional challenge of asserting liability.
The legal concept of vicarious liability comes into play in any truck accident in which the truck driver’s employer shares fault with their employee for the accident. This most often applies when a trucking company or other employer fails to conduct a proper background check that would have revealed a serious risk of hiring the driver. For example, if the driver lacked the necessary experience they claimed to have or if they had a history of drunk driving, this would likely preclude them from qualifying for employment.
If vicarious liability applies to your truck accident case, liability for your damages may be split between the truck driver and their employer. Your Roseville truck accident attorney can help you resolve any disputes regarding liability for your damages and guide you through the process of holding the appropriate party or parties accountable for them.
Dealing With Insurance Companies After a Truck Crash
California law requires every driver to have auto insurance, and this rule applies to trucking companies and their employers. If a truck driver caused your accident, you can start your recovery process by filing a claim against their auto insurance policy. However, despite the fact that many trucking companies have more robust insurance coverage than an average individual driver, the insurance settlement you receive may not fully cover your damages. Additionally, there is no guarantee that the insurance carrier will handle your claim in good faith and offer a fair settlement.
The Ward Firm has years of experience confronting the largest auto insurance carriers on behalf of our clients, and we are ready to provide you with the support you need for your impending claim. We can assist you in drafting your demand letter to the insurance company and verify that they handle your claim in good faith. If the insurance company pushes back against your claim in any way, we can ensure they do not engage in any bad faith tactics and deliver a reasonable settlement offer. Once you recover as much as you can through auto insurance, we can help you build a personal injury suit against the defendant who injured you.
Building Your Personal Injury Claim in Roseville
The objective of a personal injury claim is for the plaintiff to hold the defendant accountable for damages the defendant inflicted with their negligence or misconduct. Once you have proven fault for your truck accident and recovered as much compensation as you can through insurance, you can proceed with a personal injury claim to recover whatever insurance couldn’t provide. Under California law, the economic damages you can seek with your personal injury claim include:
Vehicle repair costs. The at-fault driver’s insurance will likely include property damage liability coverage that can pay for some of your vehicle repair or replacement costs, but any remainder can be included in your personal injury claim as economic damages.
Medical expenses. When you have suffered physical injuries due to a defendant’s actions, they are liable for the cost of any medical care you need to fully recover. This includes both immediate and future medical treatment costs if your injuries will require extensive ongoing rehabilitative care like physical therapy.
Lost wages. If a plaintiff cannot work and earn an income due to the injuries a defendant inflicted, the defendant is liable for the income the plaintiff cannot earn while they recover. Your attorney can help you calculate lost income as well as the value of paid time off you were forced to use in response to your accident.
Lost earning power. Unfortunately, many truck accident victims suffer catastrophic injuries, some of which result in permanent disability. If the defendant in your case has permanently diminished your ability to work and earn income, they are responsible for the future income you could have earned if they had not injured you. Your Roseville truck accident attorney can be essential for helping you accurately calculate this aspect of your economic damages.
The average person may be able to identify immediately recognizable economic damages like their hospital bills and vehicle repair costs, but they may struggle when it comes to determining the extent of future economic damages they can claim from the defendant. Your Roseville truck accident attorney can help you secure full compensation for your immediate and future economic damages, but your recovery does not end there.
Calculating Pain and Suffering Compensation in Your Personal Injury Case
California’s personal injury laws enable the plaintiff in a truck crash case to seek compensation for the pain and suffering a defendant caused, and there is no limit to the amount they can claim. However, the amount of pain and suffering compensation you seek with your civil suit should appropriately reflect the overall severity of your experience and the harm the defendant caused, especially if their actions resulted in any permanent damage.
Your attorney can help you determine a suitable amount of pain and suffering compensation to include in your personal injury suit. If your injuries are expected to heal completely in the near future, they might aim for a settlement based on the time it takes you to fully recover. This per diem arrangement starts with a daily amount of compensation multiplied by the number of days you spend in recovery. Alternatively, they may aim for a large lump sum using a multiplier if their client suffered any permanent disabilities from the accident.
What to Expect From Your Roseville Truck Accident Attorney
It’s natural to have lots of pressing legal questions in the aftermath of a serious truck accident, and the right attorney can provide peace of mind and guidance when you need it most. When you choose The Ward Firm as your legal counsel, we can carefully review the details of how your truck accident happened and help you gather whatever evidence you may need to prove the exact cause of your damages. Once you have proven fault, you can proceed with calculating the total compensation you can claim from the defendant.
Our team can guide you through the insurance claim filing process and ensure you receive a fair settlement from the at-fault driver’s insurance company. After recovering as much as possible through auto insurance, we can calculate the remainder of your losses and build a comprehensive personal injury claim against the defendant or defendants responsible for causing these damages.
Most of the personal injury cases filed end in private settlements. This process allows both the plaintiff and the defendant to avoid the time investment, stress, and expense of litigation. As long as both parties are willing to negotiate, a settlement can enable them to reach mutually agreeable terms for resolving their case much faster than litigation would allow. When you hire The Ward Firm for your truck accident claim, we can aim for a swift settlement if possible, but our team is fully prepared to take your case to court if necessary to ensure an appropriate recovery.
How Much Does It Cost to Hire a Roseville Truck Accident Attorney?
The vast majority of personal injury attorneys representing clients in Roseville accept these cases on a contingency fee basis. This means the client only pays their attorney a fee if and when the attorney wins their case. If the attorney secures compensation for the client, the client only parts with a percentage of the total amount recovered as their fee. If the attorney is unsuccessful with the claim for any reason, the client pays nothing.
The Ward Firm will carefully explain our billing policy before any contracts are signed so you can have full confidence in the value of your legal counsel. Our team always strives for maximum compensation for our client in every case we accept and will do everything we can to guide to the most satisfying outcome possible. The sooner you connect with our firm, the more time we have to build a compelling civil suit on your behalf.
Find Your Legal Counsel Today
Time is a critical consideration for anyone in the aftermath of a truck crash or any other personal injury. You have a limited time in which to file your case, but while meeting the statute of limitations is crucial, you will also need time to gather all of the evidence and documentation you will require to successfully file your claim. The Ward Firm is ready to provide the counsel and support you need for your impending truck accident case, so contact us today and schedule your consultation with a Roseville truck accident attorney you can trust.
Schedule a Free Consultation
At your free initial consultation, you will meet directly with Justin, and he will explain how he can best help you with your case. If you decide to work with us, we will immediately get started on creating a strategy that protects your interests.
To get more information, call our office at 916-443-2474 or send us an email using our contact form. We are available by phone 24 hours a day. Se habla español.
The Ward Firm is open and actively assisting clients with personal injury, criminal, and employment related matters, and we do not anticipate any interruption in representation. However, please understand that all appointments will be telephonic as we observe the CDC's recommended social distancing.