Fresno Truck Accident Lawyer

Fresno Truck Accident Attorney

Commercial trucks are commonly seen throughout the Fresno area, and while most drivers encounter these large vehicles without having any problems, truck accidents do happen regularly throughout California. Most commercial trucks are several times larger and heavier than even the largest passenger vehicles, making them capable of inflicting tremendous damage in an accident. Not only are the damages from a commercial truck accident likely to eclipse those seen in a standard passenger vehicle accident, but these incidents also commonly generate more complex legal issues for those involved.

Experienced Legal Representation for Truck Accident Cases in Fresno, CA

If you or a member of your family is struggling with injuries and economic losses from a commercial truck accident that someone else caused, a Fresno truck accident attorney is the ideal resource to consult. The right attorney can help make sense of the legal issues ahead of you and maximize the compensation you obtain from the at-fault driver. At the Law Offices of David Davidi, APLC, we routinely handle personal injury claims in Fresno on behalf of injured clients, including those arising from commercial truck accidents. If you believe another driver caused your recent accident, we can help you hold them accountable.

Common Issues With Proving Liability for Truck Accidents in Fresno

The state uses the fault system to resolve vehicle accident claims. This means that an injured driver must prove the exact cause of an accident and identify the driver or drivers responsible for causing it before they can recover compensation for the losses they suffered. This same rule applies to truck accidents, but due to the nature of commercial trucking, these accidents can raise the issue of vicarious liability.

Vicarious liability applies when one party bears responsibility for the actions of another party. Specifically, this most commonly comes into play when an employer bears fault for the actions of their employee. The trucking industry is heavily regulated, and all companies that employ truck drivers are expected to meet specific requirements when it comes to training and vetting drivers, ensuring they do not pose risks to others on the road. If a trucking company did not perform a proper background check on a driver, failed to ensure the driver held appropriate experience, or otherwise failed to uphold applicable industry regulations in any way that contributed to an accident, the employer is likely to face vicarious liability for the actions of their employee.

A Fresno truck accident attorney can be invaluable for navigating the complex questions of liability that a truck accident can raise. Proving fault for the accident is a critical first step toward recovering the compensation you legally deserve. It’s possible for liability for your recent truck accident to fall to the truck driver and/or their employer, or a third party may bear fault for the accident.

Filing an Insurance Claim for Your Truck Accident in Fresno

Auto insurance is an important part of the recovery process after any vehicle accident. State law requires every driver to have insurance that meets the state’s minimum coverage requirements for bodily injury liability coverage and property damage liability coverage. Some accidents can be resolved through insurance alone if the damages amount to less than the total of the at-fault driver’s coverage. However, this is unlikely to be the case for a truck accident. Once you have proven fault for the accident, you will need to make a claim against the insurance policy of the at-fault driver. If their insurance cannot fully cover your damages, you will then need to file a personal injury claim to recover the rest.

Dealing with an auto insurance carrier can be tedious and frustrating. No insurance company has any incentive to pay out a settlement, and most will look for all the reasons they can find to deny claims or justify the lowest possible settlement offers. Trucking companies typically have more robust insurance coverage than the average driver, but this does not mean that dealing with their insurance carriers will be easy.

Your Fresno truck accident attorney can help you file your insurance claim and resolve disputes that may arise between you and the insurance carrier. Your attorney will verify that the insurance settlement offer is fair under the terms of the at-fault driver’s policy and that the insurer has handled your claim in good faith. Once you recover as much compensation as possible through insurance, your attorney can then assist you with filing a personal injury claim to recover your remaining damages.

Claiming Compensation With a Personal Injury Claim in Fresno

California law states that the party responsible for inflicting a personal injury is liable for all associated damages. Once you have proven fault for your truck accident and secured as much compensation as possible through the insurance claim process, all remaining damages can be sought from the at-fault party with a personal injury claim.

You have the right to claim both economic and non-economic damages resulting from a defendant’s actions. Economic damages are straightforward, proven with appropriate documentation, and include the direct financial losses caused by the defendant’s actions:

• You can hold the at-fault driver accountable for vehicle repair and replacement costs if these losses exceed their property damage liability coverage in their auto insurance. If your car is a complete loss, your attorney may assist you in holding the at-fault driver accountable for the actual cash value of the vehicle.
• When you have suffered serious injuries, the defendant is liable for any medical care you need to recover as fully as possible. This includes both immediate and future medical expenses. Your Fresno truck accident attorney will assist you in calculating the full amount of medical treatment you are likely to require to reach maximum medical improvement from the injuries you suffered, including anticipated future medical costs.
• If you cannot work due to the injuries you suffered, the defendant is liable for your lost income. You can hold them accountable for the wages you were unable to earn during your recovery period as well as the value of any vacation time you needed to use in the aftermath of your accident.
• When you have suffered severe injuries that permanently diminish your ability to work and earn income, the defendant is liable for your lost earning capacity as well. Your Fresno truck accident attorney could help calculate how much income you would have reasonably expected to earn until retirement if you hadn’t been injured.

These economic damages may amount to much more than you initially expected, and the right attorney is the ideal asset to help maximize your recovery. You might be surprised to discover that the total of your immediate and future economic damages amounts to much more than you originally thought, but you can further enhance your case award by claiming pain and suffering compensation.

How to Calculate Pain and Suffering Damages in a Truck Accident Claim

Under state law, there is no limit to how much a plaintiff can seek in pain and suffering compensation in a truck accident claim. While it may sound difficult to place a financial value on something like physical pain or emotional distress, your Fresno truck accident attorney can provide invaluable guidance for maximizing this aspect of your case award.

Most attorneys will use one of two methods to calculate pain and suffering for a client:

1. The per diem method is most commonly used when a plaintiff is expected to fully recover from their injuries in the near future. This method focuses on the time it takes the plaintiff to reach maximum improvement from their injuries. The attorney sets a daily compensation rate they believe reasonably reflects the severity of the injury and then multiplies this amount by the number of days it takes the plaintiff to recover.
2. The multiplier method is more often used in cases in which plaintiffs have suffered catastrophic injuries causing permanent harm. This method aims for a large lump sum of pain and suffering compensation, calculated by multiplying the plaintiff’s total economic damages by a factor of one to five to reflect the severity of their condition.

Pain and suffering could form the bulk of your total recovery if your truck accident resulted in any serious injuries. When you choose the Law Offices of David Davidi, APLC, to represent your truck accident case, we will thoroughly review the details of the damages you suffered to ensure maximum compensation for your economic losses. When it comes to pain and suffering, our goal is to help secure as much compensation as possible for the traumatic experience and physical pain your accident caused.

Resolving your truck accident claim in Fresno will be much easier with an experienced attorney’s help. Your legal team will guide you through all your recovery efforts as efficiently as possible and help maximize your final case award. The Law Offices of David Davidi, APLC, is ready to provide the compassionate and meticulous legal counsel you need on your side after experiencing a damaging truck accident due to another party’s negligence or misconduct.

FAQs About Fresno, CA Truck Accident Law

How Long Do I Have to File a Fresno Truck Accident Claim?

If you intend to file a personal injury case in response to your recent commercial truck accident, you have two years in which to do so under the statute of limitations for personal injury. However, you will have a much shorter time limit for filing an auto insurance claim. It is generally advisable for the victim of a truck accident to seek legal counsel as soon as possible after their accident so their attorney has as much time as possible to work on their client’s case.

What Are Common Truck Accident Injuries in Fresno?

Most commercial trucks are very large and capable of inflicting significantly greater damage when accidents happen. Commonly reported truck accident injuries include broken bones, internal injuries, traumatic brain damage, and spinal cord injuries. The driver who caused the accident is liable for all medical care that victims require to reach maximum medical improvement from their injuries.

Will Hiring a Fresno Truck Accident Attorney Increase My Total Compensation?

Even if you believe you have a firm grasp of the damages you can seek from the at-fault driver in your truck accident claim, an experienced Fresno truck accident attorney is likely able to uncover avenues of recovery you did not know were available to you. The right attorney can help secure compensation for both immediate and future economic damages, and they will also know how to maximize the pain and suffering compensation you win from the defendant.

How Long Will It Take to Settle a Truck Accident Case in Fresno?

The time your case could require to reach a conclusion depends on several factors. Specifically, the defendant’s willingness to accept liability for the accident is one of the most important variables when it comes to your case’s likely timetable. The severity of your damages and whether insurance is available to compensate you for your losses also factor into your recovery efforts. Your Fresno truck accident attorney can estimate how long it could take to finalize your case.

What Will It Cost to Hire a Fresno Truck Accident Attorney?

When you hire the Law Offices of David Davidi, APLC, to represent your truck accident claim, you will only pay a legal fee if and when we win your case. We take civil claims on a contingency fee basis, meaning our clients only part with a percentage of the total compensation we win on their behalf at the end of their case, and they pay nothing if we are unsuccessful with their claim for any reason. This billing arrangement ensures that the legal counsel you need is accessible when you need it most and that you can still recover suitable compensation for your losses without the fear of your attorneys’ fees overtaking your recovery.

Contact Us

The attorneys at the Law Offices of David Davidi, APLC, have extensive experience helping clients recover from all types of accidents in the Fresno area, including commercial truck accidents that often raise more complex legal questions than standard passenger vehicle accidents. If you believe you have grounds for a civil suit in response to your recent truck accident, or if you are unsure how to prove fault and secure compensation for your damages, we can help. Contact us today and schedule a free consultation with a Fresno truck accident attorney you can trust.