If you suffered injuries in a truck accident in Sacramento, you may be entitled to financial compensation. However, securing the money you need for your medical bills and collision-related expenses requires proving someone else was at fault. This is called proving negligence.
To prove negligence in a truck accident case, you must construct a solid personal injury claim based on compelling evidence. A truck accident attorney can investigate your case, build your claim, and fight for the money you need to get back on your feet.
Understanding Negligence in Truck Accidents
California is an at-fault state for motor vehicle accidents. This means you can hold drivers and other negligent parties financially accountable for collisions they cause. A party acts negligently when they fail to behave in a manner most others in their position would find reasonable or safe.
Does Negligence Include Willful or Intentional Acts?
Negligence can include willful and intentional acts, like drinking and driving or reckless driving. Common examples of truck accident negligence on the part of a truck driver include:
- Speeding
- Driving too fast for current road or weather conditions
- Driving while fatigued or violating hours-of-service regulations
- Ignoring traffic signs and signals
- Failing to yield the right of way
- Illegal lanes changes
- Improper turns
- Tailgating
- Road rage
Trucking companies, cargo companies, mechanics, and manufacturers can also perform negligent acts that lead to large truck crashes. Outside parties could act negligently by:
- Failing to vet or train truck drivers properly
- Failing to conduct mandatory drug and alcohol screenings
- Setting unreasonable delivery schedules and employee expectations
- Overloading or improperly securing cargo
- Failing to inspect, maintain, or repair vehicles
- Designing or manufacturing faulty auto parts
In addition, you might be able to hold a trucking company or another employer responsible for an employee’s actions under a legal principle known as vicarious liability.
Key Elements of Proving Negligence
Under California personal injury law, proving negligence in truck accident cases requires establishing the following elements:
- Duty of care – Truck drivers and commercial trucking companies have a legal duty to take every reasonable action to keep other motorists safe. This duty includes obeying the same traffic laws as all drivers and abiding by strict Federal Motor Carrier Safety Administration (FMCSA) regulations governing commercial drivers and the trucking industry.
- Breach of duty – A party breaches the duty of care when they violate the law or act in a manner most others would not find reasonable. A breach can also be a failure to act when necessary.
- Causation – You must prove that a truck driver or other party’s breach caused the truck accident. For example, evidence might reveal that the truck driver who hit you was texting and driving at the time of the crash.
- Actual harm – The evidence must show that you suffered actual harm, such as physical injuries and financial losses, due to the at-fault party’s actions.
If your Sacramento truck accident lawyer satisfies these elements of negligence for the insurance company or court, you could receive compensation for medical expenses, lost wages, pain and suffering, and other losses.
If you lost a family member in a trucking accident, you can also seek compensation against the negligent party through a wrongful death claim. It’s vital to consult a knowledgeable truck accident lawyer to learn your legal rights.
How a Sacramento Truck Accident Attorney Can Help
Proving negligence in a truck accident claim is more challenging than the average car accident case. Numerous parties may be at fault, and given the complexity of state and federal trucking laws and the powerful legal and financial resources enjoyed by many trucking companies, fighting for your rights can be difficult and time-consuming. But recovering fair compensation has likely never been more critical. Large truck accidents often result in severe injuries with high financial and personal costs. You need an experienced professional to build a negligence claim that can win.
The legal team at Demas Law Group can help. Our Sacramento truck accident attorneys bring our clients 25 years of legal experience and a proven track record of success. We will use our knowledge and skills to seek full compensation for what you endured. There’s no fee unless we recover compensation for you. Contact us today for a free consultation.
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