Drivers throughout the Modesto area are accustomed to encountering large commercial vehicles regularly, and most have no trouble reaching their destinations. Unfortunately, truck accidents can and do happen for all kinds of reasons, often with devastating effects on those involved. Most commercial vehicles are much larger, heavier, and inherently more dangerous than the majority of passenger vehicles on the road, and it’s vital to know what to do if you or a loved one has been injured by a commercial truck.
Anguiano Law has the professional experience to guide our clients through the most difficult truck accident cases. These accident claims tend to involve far more substantial damages than an average car accident case but determining liability for these incidents is very difficult. More than one party is likely to blame for your damages, but the average person may have no idea how they can possibly prove fault and secure full repayment of their damages.
Commercial truck drivers throughout the United States must complete strict training requirements and prove their skill sets before they can be assigned trucking routes. Additionally, the trucking industry is heavily regulated in many ways, not only at the federal level through the Federal Motor Carrier Safety Administration (FMCSA) and the US Department of Transportation, but each state also enforces state-level regulations, and California’s are some of the strictest in the country.
Truck accidents can happen for any of the most common causes of all other accidents, such as distracted driving, reckless driving, or driving while intoxicated by drugs or alcohol. However, large commercial trucks also pose other dangers unique to this vehicle. For example, a tractor-trailer driver likely spends far more time driving than the average person, so their vehicle experiences greater wear and tear over time. Large truck engines are also more complex machines, and these factors combine, making commercial trucks have much greater maintenance demands than the average passenger vehicle. If the party responsible for truck maintenance fails to conduct maintenance correctly, that party could face liability for a resulting accident.
Some truck accidents happen because truck drivers and/or their employers fail to abide by trucking industry regulations. It’s possible for vicarious liability to come into play, implicating an employer for the actions of their employee, if it is revealed that the employer failed to meet their obligations under applicable industry regulations.
When a truck accident happens because of negligence, the plaintiff must identify the party or parties at fault, prove that they failed to act with reasonable care, and prove that their damages directly resulted from the at-fault party’s negligence. If intentional misconduct is the cause, the at-fault driver faces prosecution in addition to liability for the victim’s civil damages.
Auto insurance is typically the first option for recovering from a vehicle accident, and most trucking companies are covered by expansive policies. However, their insurance companies are just as likely, if not more likely, to fight back against claims whenever possible. When you have a Modesto truck accident attorney helping with your recovery, you are far more likely to secure an acceptable settlement offer in a timely fashion. However, truck accidents can be devastating, and it’s possible for your damages to exceed any available insurance coverage the defendant may have. In this situation, you must prepare to file a claim with a personal injury lawyer.
Your Modesto truck accident attorney can help you claim:
You may be legally entitled to recover far more compensation for your recent truck accident than you initially expected. However, it is important to remember that the state’s pure comparative negligence law often comes into play in vehicle accident cases. Therefore, when a defendant claims a plaintiff is partially to blame for a recent crash, the plaintiff may absorb partial fault and lose a percentage of their recovery. For example, if a plaintiff is found to be 25% to blame for causing their claimed damages, they will lose 25% of their case award.
Time is a crucial consideration for anyone thinking of filing any type of personal injury claim in Modesto. There is a strict time limit in which you have to file your auto insurance claim, and you only have two years from the date of the incident to file a personal injury claim against the defendant responsible for causing it. Therefore, the sooner you hire an attorney you can trust, the more likely you are to meet all the procedural requirements of your case and reach the best possible result. Anguiano Law is experienced in helping clients through difficult personal injury claims, including those resulting from truck accidents.
Contact us today to schedule a free consultation with a Modesto truck accident attorney and find out how we can make your recovery efforts easier.