The California Office of Traffic Safety, in 2016, found that traffic accidents in Sacramento had caused 2,878 recorded injuries and fatalities. This put Sacramento County first in the state per capita ranking for injuries and deaths due to dangerous driving.
If you or your loved one was involved in a truck accident in Elk Grove that left you with severe injuries or lost a loved one, you are entitled to compensation for your damages. An Elk Grove truck accident lawyer will help you seek compensation while you focus on recovery without much worry.
REQUEST A FREE CONSULTATIONTruck Safety and Driver Negligence in Elk Grove
Trucks are held to high standards of safety. For instance, truck drivers must have a commercial driver’s license (CDL). The enormous vehicles can be hazardous to other motorists for several reasons:
- Trucks can weigh as much as 80,000 lbs and may take the length of two football fields to come to a stop
- Trucks have large blind spots that can obscure the presence of motorcyclists and smaller vehicles
- Trucks have a wide turning radius and a high center of gravity, increasing the odds of under-ride collisions
- The significant difference in size between a truck and other motor vehicles (personal cars, bicycles, and motorcycles) means that the occupants of the other vehicle are more likely to suffer catastrophic injuries
Most accidents are due to truck drivers making dangerous left turns without checking their blind spots. Driving under the influence of drugs or alcohol is also a significant cause of truck accidents. The FMCSA regulates that drivers should undergo background checks, random drug and alcohol tests, and mandatory drug and alcohol tests after an accident.
If the truck driver is negligent and kills another motorist or road user, they can be held liable through a civil liability case. Besides, a family member may seek justice through a wrongful death claim if their loved one is killed.
Who Can Be Held Liable in a Truck Accident?
Generally, employers are responsible for the wrongful acts of their employees if they were working within the course and scope of their job duties at the time of the accident. This is to say that if the truck driver was working at the time of the accident, their employer could be held liable.
Those who can be held liable include one or more parties, such as:
- The truck driver or drivers of any other vehicle may have contributed to the accident. They would be held responsible in a situation of drunk or drowsy driving.
- The trucking or shipping company that owns the truck or employs the trucker would be responsible for poor driver training or in a situation where the load came loose.
- A vendor who provides services to the trucking company, such as maintenance and repair work. If shoddy work performed by its mechanics contributed to the accident, it could be held liable.
- Manufacturers of truck and truck parts and their retailers if a defective product fails and causes an accident—for example, a faulty tire, braking system, or a broken engine component.
- Government agencies responsible for building and maintaining roads where the accident occurred would be liable if dangerous road conditions caused the wreck due to lack of maintenance or a poorly erected highway work zone caused the truck accident.
The number and type of responsible parties can impact the compensation you receive. The insurer and lawyers of the defendant(s) will often fight hard to deny liability for the accident. Getting an experienced Elk Grove truck accident lawyer will go a long way in getting the compensation you deserve.
Obtaining Evidence to Prove Your Case
Trucks need to be large in size and weight to transport their cargo. However, the same size and weight necessary to perform a public service are also incredibly dangerous. Many of the injuries suffered in truck accidents can cross into the catastrophic injury threshold because of the substantial physical, mental, emotional, and financial impact that truck accident injuries cause. Common injuries sustained in a truck accident include:
- Amputations
- Burn injuries
- Spinal cord injuries
- Head and brain injuries
- Orthopedic injuries
- Knee injuries
It’s always important to get medical help after an accident, but this is especially true when you’ve been injured in a truck accident. Getting an MRI, CT scan, and all the other tests are critical to ensuring there are no internal injuries that are getting worse by the minute. For instance, an MRI can detect any abnormalities with your ligaments and tendons. The sooner you know something is going on, the sooner your medical provider can address the issue.
Understanding the extent of your injuries is key to determining the value of your claim. If your injuries cross over into the catastrophic injury category your compensation award will be significantly larger.
Obtaining Evidence to Prove Your Case
Your Elk Grove truck accident lawyer will seek to obtain evidence to prove your case in court. This evidence may include the following:
- Photos of the accident scene and surveillance videos from public and private sources
- Truck dispatch records will show the expected and actual departure times, the intended route, and communication with the office
- Hours of Service logs which all truck drivers are required to keep. Exhaustion is a significant factor in truck accidents. A driver may violate the recommended service hours for their purposes or because the employer has pushed them to.
- Examining the truck’s event data recorder (EDR). These devices record data like engine speed, brake status, steering angle, sudden acceleration/deceleration, and GPS data from the moments before and after collisions.
- Establishing the employment status of the truck driver
- The truck’s maintenance logs or driver’s phone records may indicate distracted driving
- Interviewing eyewitnesses
You can rest assured that our truck accident attorneys won’t leave any stone unturned during evidence gathering. After identifying which party(s) should be held liable, our expert lawyers will work towards getting you the best compensation possible.
Liability in Elk Grove Hit-And-Run Truck Accidents
According to CBS Sacramento, more than 2,000 fatalities were attributed to hit-and-run accidents in 2016, 337 of which occurred in Elk Grove. Under California Vehicle Code 20001, in addition to civil liability, a driver that flees the scene of an accident may face criminal liability.
This does not stop some drivers from fleeing the scene despite risking felony charges, fines, jail time, and license revocation. So, what actions can you take after a hit-and-run collision with a truck?
- Seek fragments of the fleeing vehicle
- Preserve any medical records
- Your lawyer will work towards interviewing witnesses and seeking surveillance footage
These will be essential in identifying and holding the fleeing vehicle responsible. You can claim compensation for medical bills, lost wages, pain and suffering using your uninsured and underinsured motorist (UIM) coverage.
Seeking Compensation for Your Elk Grove Truck Crash
Filing a personal injury claim will allow you to recover the financial loss suffered through missed work, medical costs, or inability to work. You can also hold the responsible party accountable for the injuries and altering the course of your life. An experienced personal injury attorney will ensure you recover damages in the various ways that the accident affected your life.
The state of California offers two types of damages: compensatory and punitive damages. Compensatory damages come from economic damages like bills or money spent due to the accident, and non-economic damages like emotional and psychological trauma. Punitive damages are involved when the liable party has been exceptionally negligent, and are used to punish the responsible party(s) and to act as an example to others.
Reach Out to An Experienced Elk Grove Truck Accident Lawyer Today
If you or your loved one has been injured in an Elk Grove truck accident, don’t take matters into your own hands. Reach out to our experienced truck accident attorneys at Kash Legal to help you get the compensation you deserve.
Call us at (888) 527-4128 or contact us online to schedule a free consultation. Your personal injury case matters, and we are ready to hear you out. You don’t have to pay us unless we win the case.
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