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Accidents involving commercial trucks are a whole different category than a typical car accident. The size of these vehicles can result in devastating consequences, leaving victims with irreparable injuries, large medical bills, and a future filled with uncertainty.
If you're a victim of a commercial truck accident, you're probably grappling with the situation's complexity and wondering how to prove fault. Dealing with insurance companies, trucking corporations, and legal intricacies can feel like an uphill battle.
But you don't have to face this alone. At The Sevey Law Firm, we have a proven track record in handling commercial truck accidents. With over 25 years of experience and more than 3,000 successful cases under our belt, our commercial truck accident lawyers understand the ins and outs of complex personal injury cases. We know how to determine liability and navigate insurance issues. Contact us today for a free consultation.
In a commercial truck accident, more than one party may be held liable, making the process of determining fault complex. Here are probable parties who could be liable:
The Driver: The first point of investigation is usually the driver. Were they under the influence? Were they adhering to the regulations on driving hours? Did fatigue play a role in the accident? These are some of the questions that need to be answered.
Commercial Trucking Company: Trucking companies can often be held liable for accidents. This could be due to negligent hiring policies, inadequate training, or failure to run regular vehicle inspections.
Vehicle Manufacturer: The manufacturer could be held accountable if a defective truck contributed to the crash. This could include faulty brakes or malfunctioning steering equipment.
Cargo Loading Company: Incorrectly loaded or overloaded cargo can lead to disastrous accidents. The cargo loading company may be held responsible if this is a contributing factor.
The aftermath of a commercial truck accident can be financially devastating. That is why we believe in fighting for what's right at The Sevey Law Firm. Our personal injury attorneys strive to secure compensation for all damages you've suffered from the accident. This includes:
Medical expenses: This covers medical bills from emergency room visits, surgeries, medication, rehabilitation, and any future medical care costs related to the accident.
Lost wages: If your injuries have kept you from working, temporarily or permanently, you're entitled to compensation for your lost income.
Pain and suffering: In addition to medical costs, accident victims might also recover damages for the pain and emotional distress caused by the accident. While it's difficult to put a price on these non-economic damages, they are often a significant part of the compensation.
Remember, every case is unique, and determining the value of your claim involves a detailed analysis of your situation. We have the experience and knowledge to ensure no stone is left unturned when securing the compensation you deserve.
Navigating insurance after a commercial truck accident can be frustrating. These cases often involve multiple insurance policies, and insurers are notorious for attempting to minimize payouts.
The truck driver, the trucking company, the vehicle manufacturer, and the cargo loading company all likely have separate insurance policies. Each one could potentially provide coverage for your injuries and damages. However, each insurer will likely try to shift blame to avoid paying out.
At The Sevey Law Firm, we're not intimidated by big insurance companies. We have the experience and tenacity to take them on and fight for your rights. We thoroughly investigate your case, gather evidence, and negotiate persuasively on your behalf to ensure you receive the compensation you deserve.
Both state and federal laws govern commercial trucking regulations and compliance in California.
The Federal Motor Carrier Safety Regulations (FMCSR) cover various aspects of commercial trucking, including driver qualifications, hours of service (HOS), vehicle maintenance, and safety standards. Specifically, HOS rules stipulate that drivers can drive 11 hours after taking 10 consecutive hours off duty.
Furthermore, a 30-minute break is required if more than 8 hours have passed since the driver's last off-duty period. Driver qualifications mandate that individuals must have a valid Commercial Driver’s License (CDL) and be at least 21 years old to drive interstate. Additionally, drivers must obtain medical certification to ensure they can operate a commercial vehicle.
Our skilled Roseville truck accident lawyers can effectively counter insurance tactics. By leveraging our experience, we strive to increase settlement offers and ensure that victims are justly compensated for their injuries and losses.
If negotiations fail to yield a fair settlement, our Roseville truck accident attorneys are prepared to take the case to court. They handle all the necessary legal paperwork and strategize aggressively. Clients benefit from a contingency fee arrangement, which means you only pay if they win your case, providing financial relief during the legal proceedings.
Led by Jeff Sevey, a truck accident lawyer, we understand how disorienting a truck crash can be. We're here to help you navigate these laws and ensure that your rights are protected every step of the way.
Commercial truck accidents can occur for various reasons. Some of the most common causes include:
Driver fatigue: Truck drivers often work long hours and cover long distances, leading to fatigue and impaired driving.
Distracted driving: This includes anything that distracts the driver from the road, such as texting or eating.
Speeding: Due to tight delivery schedules, drivers may exceed speed limits or drive too fast for conditions.
Improper loading: Overloaded or improperly loaded trucks can cause imbalance, leading to accidents.
Equipment failure: This could be due to a manufacturing defect or lack of proper maintenance.
Following Too Closely: This is very similar to a driving pattern that often leads to rear-end collisions or “run-over” accidents.
Failing to Stop: Running a red light or blowing through a stop sign means 40 tons of force is about to T-Bone somebody. Never a position you want to be in.
Parking Illegally: Blocking lanes of traffic, driveways, or street signs can cause other drivers to swerve into oncoming traffic to pass. Doing so can be a recipe for disaster.
At The Sevey Law Firm, we have over 25 years of experience handling personal injury cases, including commercial truck accidents.
Commercial vehicles are much heavier than standard cars. A fully loaded big rig can weigh 25 more than a standard automobile. With such an enormous weight difference, it’s no wonder that large trucks can cause serious injuries, often many times worse than car accidents. Common injuries include:
Broken Bones: Commercial truck accidents can cause multiple fractures, leading to prolonged medical treatment and rehabilitation.
Head and Brain Injuries: Traumatic brain injuries may result in long-term cognitive impairment, requiring extensive medical care and increasing medical costs.
Spinal Cord Damage: Spinal injuries can lead to partial or complete paralysis, necessitating lifelong medical support and significant financial resources.
Amputations: Limbs may need to be amputated due to severe crash injuries, resulting in permanent disability and the need for prosthetics and ongoing medical care.
Severe Burns: Accidents involving commercial vehicles can cause fires, leading to severe burns that require specialized treatment and long-term care.
Given the serious nature of these injuries, it’s essential to have an experienced lawyer from a reputable law firm for effective legal representation. We can help manage the complexities of third-party liability and ensure victims receive the compensation needed for medical expenses and ongoing care.
As in most personal injury cases, being able to demonstrate fault or negligence is the key to a successful outcome. But determining exactly WHO is liable in a commercial vehicle accident can be tricky.
If the commercial operator is employed by a trucking or shipping company, then the business is usually responsible for the driver’s actions. As long as the accident occurred as part of the employee’s assigned duties while on the job.
The situation becomes cloudier when the commercial driver is an Independent Contractor or works for themselves. Depending on the terms of their employment, the commercial driver's employer may be held liable. On the other hand, the responsibility may fall entirely upon the driver.
Additionally, if hazardous materials are involved, the manufacturer or shipper of the products may bear some of the blame also. Your best bet is to work with a qualified commercial vehicle injury attorney.
For truck accident claims in California, you must file your claim within two years to pursue compensation. However, there are exceptions to this rule. For instance, minors have the statute of limitations begin on their 18th birthday, effectively extending the time to file a claim.
Additionally, individuals who are mentally or physically incapacitated or who discover their accident-related injuries later may be eligible for extensions to the statute of limitations period.
Whether you were in a passenger car that collided with a commercial truck or you were hurt as a pedestrian, you need a personal injury firm on your side. At The Sevey Law Firm, a team of experienced truck accident attorneys is committed to providing victims with the personalized and aggressive representation they need to secure the best possible outcome for their case.
We can help determine the extent of responsibility and deal with insurance companies so you can focus on your recovery. With over 25 years of experience and over 3,000 successful cases, we have the knowledge and expertise to fight for your rights. Contact us today for a free consultation.
After a truck accident in Roseville, it's important to contact the authorities, seek medical attention, and consult a Roseville truck accident attorney to preserve evidence and initiate the claims process promptly.
Victims of commercial truck accidents may recover compensation for medical care, lost income, pain and suffering, loss of companionship, and wrongful death in fatal cases.
Victims have two years to file a personal injury claim in California after the accident, with exceptions for minors and incapacitated individuals. Make sure to take action within this time frame to protect your rights.
Commercial vehicle accident cases differ from car accidents due to their complex scenarios, greater risks, and intricate legal and regulatory standards.