Commercial trucks are responsible for delivering billions of tons of cargo throughout the country every day, and many communities throughout California rely on commercial truck drivers to deliver essential goods and materials. Most drivers in Stockton will regularly encounter large trucks on local roads without issue, but truck accidents do happen in various ways. These accidents may commonly occur for the same reasons that standard car accidents happen but typically generate far more devastating damages.
If you recently suffered injuries and economic losses from a truck accident that someone else caused, do not assume that the recovery process will be the same as it would be after a standard passenger vehicle accident. While you may still file an auto insurance claim followed by a personal injury claim, the actual process of resolving your truck accident case will be more complex than you may expect. An experienced Stockton truck accident attorney is the ideal resource to consult in this situation.
The Law Offices of David Davidi, APLC, can provide the compassionate and responsive legal counsel you need in the aftermath of a truck accident. Our firm has years of professional experience helping injured drivers in Stockton and surrounding areas with their claims, including many truck accident cases. We know the various legal challenges you could encounter as you seek compensation for your losses, and we know how to help maximize your recovery.
The first step in the recovery process following a truck accident in Stockton is proving the exact cause of the accident. You must identify the driver responsible for the crash and prove that they directly caused your damages before you will be able to recover any compensation for the losses you suffered. Most of the truck accidents reported throughout the state each year happen because of negligence behind the wheel. Truck driver fatigue, distracted driving, speeding, and moving violations are common examples of how negligence can easily cause devastating truck accidents.
It is also possible for illegal misconduct to cause an accident, such as driving under the influence (DUI) of alcohol or drugs or reckless driving. If a driver caused your accident in this manner, they face criminal charges along with their liability for your civil damages, and a Stockton truck accident attorney can explain how their illegal misconduct could influence your recovery efforts. One complicating factor that often arises in truck accident cases is vicarious liability, which applies in any case in which a driver’s employer shares liability for the actions of the driver. Your Stockton truck accident attorney can be essential for gathering the evidence you need to firmly establish liability for your accident. Once fault is proven, you can proceed with claiming compensation for the losses you suffered.
Many people injured in truck accidents initially undervalue their claims, not realizing the full extent of the damages they are entitled to claim from those responsible for causing their accidents. Your recovery process following a truck accident will follow a similar framework to what you might expect after a standard car accident. After proving fault, you can then file your auto insurance claim against the at-fault driver, seeking compensation for the damages you suffered. However, while most truck drivers and their employers have greater insurance coverage than the average individual driver, this does not mean that insurance alone will be able to fully cover your damages.
Your Stockton truck accident attorney can help file your auto insurance claim and resolve any issue that arises between you and the insurance carrier. If disputes are raised against your claim, your attorney can be ready to ensure that the insurance company handles your claim in good faith and that you receive a fair settlement offer. After you recover as much as possible through insurance, you can proceed with claiming compensation for any remaining damages with a personal injury claim.
Under California’s personal injury laws, the plaintiff has the right to seek compensation for any economic losses the defendant’s insurance can’t cover, which may include:
Beyond these economic losses, you also have the right to seek financial compensation for pain and suffering. Many truck accidents cause incredibly painful injuries, and victims will face further pain and discomfort as they recover. The experience itself is also likely to be psychologically traumatic, and the defendant is financially responsible for the pain and suffering they inflicted. It may sound difficult to put these intangible losses into monetary terms, but your Stockton truck accident attorney can help determine a suitable amount of pain and suffering compensation to seek from the defendant.
When you hire the Law Offices of David Davidi, APLC, to help you recover from your recent truck accident, we will do everything we can to maximize your recovery through insurance, and if this does not yield full repayment of your losses, you can count on us to help build a comprehensive personal injury claim against the driver who injured you. You have a limited time in which to pursue your recovery, so it is vital that you reach out to legal counsel you can trust as soon as possible to start building your case.
Truck accidents adhere to the same fault rule that applies to all other vehicle accidents. The party that caused the accident absorbs liability for the resulting damages. However, truck accidents are often more complex when it comes to proving fault due to the issue of vicarious liability that can arise in these cases. A truck driver could bear sole liability, or they may share fault with their employer under certain conditions. Your Stockton truck accident attorney can help identify each liable party responsible for your damages.
Much like any other vehicle accident, you have the right to claim full compensation for all damages you suffered in your truck accident. The total value of your claim depends on the extent and severity of the losses you suffered, which may include your medical expenses, lost income, lost earning capacity, property damage, and pain and suffering. Hiring an experienced attorney increases your chances of maximizing your final case award significantly.
California upholds the pure comparative fault rule, which comes into play in any civil case in which the plaintiff shares fault with the defendant for causing the damages cited in the claim. If you are found partially liable for the accident, you will lose a percentage of the compensation you secure for your damages to reflect this shared liability. For example, if you are found 40% at fault, it would mean losing 40% of the total compensation recovered from the defendant.
If you plan to file a personal injury claim against whoever caused your truck accident, you must do so within two years of the date the accident occurred. Failure to file your claim within this timeframe means losing your chance to recover compensation from the at-fault driver. You have an even shorter time limit to file an auto insurance claim after a vehicle accident in the state, so it is important to consult an experienced attorney as soon as possible after receiving medical treatment for your injuries.
The majority of personal injury attorneys operate on a contingency fee basis. When you choose the Law Offices of David Davidi, APLC, to represent your truck accident case, we do not charge upfront or ongoing legal fees to our clients, and you will pay nothing if we are unable to secure compensation for you. If we do succeed with your case and help obtain a case award, we take a percentage of the total compensation won from the defendant, and you keep the remainder.
The attorneys at the Law Offices of David Davidi, APLC, have the professional experience and resources necessary to handle the most complex truck accident cases in Stockton. You have a limited time in which to pursue recovery from your damages, and the sooner you reach out to our team, the better your chances are of maximizing your final case award. Contact us today to make an appointment for a free consultation with a Stockton truck accident attorney.