Large trucks are a critical component of California’s economy, but they are also some of the most dangerous vehicles on the road due to their size. When a truck accident happens, it can easily inflict devastating injuries on those involved and raise very difficult questions of liability. If you find yourself in the aftermath of a truck accident that someone else caused, it’s vital to reach out to a Madera truck accident lawyer you can trust as soon as possible.
The Law Offices of David Davidi, APLC, has successfully represented many past clients in a wide range of personal injury cases in the Madera area, including those filed in response to commercial truck accidents. Not only do these claims typically involve more significant damages than what you would expect after a standard car accident, but they also tend to raise more difficult questions of liability.
When you have an experienced Madera truck accident attorney representing you, you can rest and recover from your injuries with peace of mind, knowing that your case is in trustworthy hands. Our team has years of experience resolving the most challenging cases, and we are fully prepared to address the unique challenges present in your truck accident case.
You have a limited time in which to pursue your recovery, and the sooner you connect with legal counsel, the more likely you are to maximize your total compensation. Our firm can help prove fault for your accident, file your auto insurance claim, and build a comprehensive personal injury claim against the party or parties who bear fault for your damages.
The first legal challenge you will face in the aftermath of a truck accident is proving fault for your damages. Truck accidents can happen for many of the same reasons that other accidents happen, such as distracted driving, speeding, and intoxicated driving. However, they are also possible from unique risk factors like poor truck maintenance and improperly loaded cargo.
Under California’s fault rule, the party responsible for causing your accident is liable for all resulting damages. This may sound straightforward, but the issue of vicarious liability could come into play and complicate your case.
Vicarious liability applies when one party bears fault for the actions of another party. In a truck accident case, it is likely to pertain to an employer bearing fault for the actions of their employee. If the employer fails to perform a proper background check, verify a driver’s qualifications, or ensure proper training for the driver, they are likely to face vicarious liability for your accident. It is also possible for this to apply if they violate industry regulations.
Your Madera truck accident lawyer can help gather the proof you will need to firmly establish liability for your accident. This may include testimony from witnesses who saw the accident happen and others involved in the crash, as well as digital records like vehicle computer data, drivers’ cell phone records, and traffic camera recordings. If liability is unclear and your case involves complex technical issues, your attorney may consult with expert witnesses.
Recovering from a truck accident will follow a similar framework to what you would expect after any other vehicle accident in Madera. First, you would file an auto insurance claim against the at-fault driver to recover as much as possible from their insurance policy. Your Madera truck accident attorney can help file this claim and resolve any complications that arise in your interactions with the at-fault driver’s insurance carrier.
After you recover as much of an insurance settlement as possible, your next option for recovery is to file a personal injury claim against whoever caused your accident. Under state law, the party responsible for causing your truck accident is liable for all resulting damages. You have the right to seek full repayment of any economic damages you suffered, including:
Beyond these economic damages, the plaintiff in a truck accident case also has the right to claim pain and suffering compensation. California law does not enforce a limit on pain and suffering compensation in vehicle accident claims, so you can seek as much as you believe to be reasonable to reflect the overall severity of your injuries and the time it will likely take for you to fully recover.
Other variables can also influence your final case award. For example, if the defendant caused your truck accident through some illegal act, they may owe punitive damages in addition to your other claimed losses. On the other hand, if you are found partially liable for your accident, it would diminish your case award by a percentage equal to your percentage of fault.
If you choose the Law Offices of David Davidi, APLC, to represent your case, we will do everything we can to maximize your case award in the shortest possible timeframe. Our goal for every client in Madera is maximum compensation in the shortest possible time, and we will do everything we can to settle your case quickly outside of court. However, we are fully prepared to represent you in litigation if settlement is not an option.
A: Recovering from your recent truck accident may require both an auto insurance claim and a personal injury suit. You have a very limited time in which to file an auto insurance claim after an accident, but the statute of limitations for a personal injury claim in the state is two years from the date the accident happened. It’s vital to find an attorney as soon as possible after your accident to have the greatest chance of success with your claim.
A: Yes, it is possible for you to bear partial liability for a recent accident and still recover losses. However, The state’s pure comparative negligence rule will apply to your case, and you will lose a percentage of your case award to reflect your shared liability. For example, if you are found 25% at fault for the accident, you lose 25% of the case award won from the defendant.
A: The total value of a truck accident claim depends on the extent and severity of the losses you suffered in the accident. You have the right to seek full compensation for all economic damages the defendant caused; you may also claim as much pain and suffering compensation as you believe to be reasonable to reflect the severity of the harm they inflicted. Your Madera truck accident attorney can estimate the total value of your claim.
A: It is possible for the victim of a truck accident or other personal injury to pursue recovery without hiring legal representation. However, it is inadvisable for many reasons. They may miss court filing deadlines or make other procedural errors that jeopardize their case, but even if they manage to succeed in proving liability, they may unintentionally settle for less compensation than they have the right to claim under state law.
A: The Law Offices of David Davidi, APLC, can provide legal representation for your truck accident case without adding to your financial issues after your accident. We take these cases on contingency, so our client only pays a percentage of their final case award as our fee. Additionally, they will only owe this contingency fee if we win their case, and there is no fee at all if we cannot obtain compensation for their damages.
The team at the Law Offices of David Davidi, APLC, has years of experience helping injured clients in the Madera area with all types of civil claims, including those filed in response to truck accidents. If you believe you have grounds to pursue a truck accident claim against another party in Madera, we can help. Contact our firm today to schedule a free consultation with a Madera truck accident attorney and learn how we can assist with your recovery efforts.