Frequently Asked Truck Accident Lawyer Questions
Below you will find answers to many questions that are asked in regard to Sacramento trucking accidents and more.
What are the most common occurrences involved in truck accidents?
- Overloaded trucks
- Poorly maintained trucks
- Unsafe safety systems (i.e., lights, reflectors, and other warning devices)
- No under-ride or under-guard protection system installed on truck
- Lake of training of truck driver
- Bad weather conditions
- Speeding
- Drifting from lane
- Aggressive driving
- Driver exhaustion/fatigue
- Drivers under the influence of alcohol and/or drugs
Who can be held liable in a truck accident case?
Anyone or any entity that is found at fault for causing the accident can be held liable. This includes the truck driver, the trucking company, the owner of the trailer that is being hauled, and the shipper. Additionally, any other individual or entity who in anyway may have contributed to the accident may be held liable, including the manufacturers of any of the vehicles involved in the accident whose negligence contributed to the accident.
Should I deal directly with the trucking company and their insurance carriers?
No. Most trucking companies have highly skilled claims adjusters whose job it is to represent the best interests of the trucking company. Do not give them any statements or sign any releases until you have spoken with our highly skilled Sacramento truck accident attorney who will represent your best interests.
Are trucking companies regulated by the Federal Government?
Yes. The Federal Motor Carrier Safety Administration has established various rules and regulations that govern commercial motor vehicles and the entities that operate the vehicles.
Do commercial trucks have to carry insurance?
Yes. There are federal guidelines that require commercial vehicles to have insurance. Commercial vehicles that travel in interstate commerce are required to carry $750,000 of bodily injury and property damage insurance. In addition, many states also require minimum insurance requirements on vehicles that are not covered under Federal regulations.
Is there a law that limits the number of hours a trucker can operate his/her truck?
Yes. In 1939, the federal government enacted laws that restrict the "hours of service" that a trucker may drive his/her truck.
Will I have to go to court?
It depends on whether or not the case is settled before trial. Most often, the trucking company and its insurance carrier will offer a settlement prior to trial if your case is strong. Nonetheless, if it is necessary to pursue the matter at trial, our Sacramento trucking accident lawyers are fully prepared to do so in order to ensure that you receive a fair and just settlement.
How long does it take before a settlement can be reached?
Depending on the complexities that are involved in the case, it can take anywhere from just a few months to a few years. Generally, cases are not settled until injured parties have fully healed and are released by their doctors or a final diagnosis of permanent injury by a qualified physician is made.
What damages may I be entitled to?
A seriously injured plaintiff may be entitled to recover all of his or her past and future medical expenses, loss of income (including future earning potential that may be lost), emotional distress, pain and suffering, and punitive damages. If a person dies, then his or her survivors may be able to recover monetary damages for their economic losses, as well as for loss of companionship, love, and comfort, and emotional distress.
Is my case different because a family member was killed in a truck accident?
Yes. Although the same rules of negligence do apply, there are special California Vehicle Code sections that do pertain specifically to only commercial truck drivers and trucking companies. Thus, it is important that you retain a knowledgeable Sacramento truck driving accident attorney who is familiar with these sections in order to ensure that your rights are fully protected.
Is there a minimum amount that I can receive for my personal injury case?
No, there is not. The amount that is either settled or awarded in a personal injury case depends on a number of factors, including the nature and extent of injury, the amount of lost wages (past and future), economic damages suffered, and the amount of time the plaintiff suffers with his or her injuries.
I was involved in an accident, but I feel that I am partially at fault. Can I still sue?
Yes. Very rarely is a negligence personal injury case 100% one person's fault. In California, even if the injured party is partially at fault, he or she may recover monetary damages for his or her injuries. However, the recovery is generally reduced by the percentage the injured party is at fault.
I was injured in an accident. Are there time limits for starting a lawsuit?
Yes and the time limits are known as the "Statue of Limitations." In California, there is a two-year Statute of Limitations for a personal injury claim. This means that you have to file a complaint in court within two years from the date of injury. If you do not file the complaint within this two-year period, you may lose your right to make any claim. It is important to note the two-year Statute of Limitations does not begin for injured minors until they reach the age of 18 years, with the two-year period expiring on the former minor's 20th birthday.
It is important to note that claims against any type of public entity, such as a city, county, transit district or public hospital, must be submitted in writing in proper form to the public entity within six months from the date of injury. If the entity rejects the claim in writing, then the complaint must be filed in court within six months from the time the rejection is mailed. If the claim is not rejected in writing, then the complaint must be filed within two years from the date of incident.
What do I do if the other party's insurance carrier offers to settle with me?
Because you may not know what the full extent of your injuries are or how long they will last, as well as how much money is traditionally recoverable in your situation, then it is always wise to first consult with an experienced Sacramento personal injury attorney.