Large trucks present some of the most serious dangers on the road. These massive vehicles take up a large amount of space and often haul extremely heavy loads of equipment and other goods. No matter how carefully you try to drive, you may find yourself involved in an accident with one of these large trucks. In many cases, the accident is the result of the driver’s failure to check his or her blind spots before executing a turn or other maneuver. Due to their length and height, tractor-trailers have many blind spots that make it easy for people located in these spaces to become accident victims. If you have been struck by a careless commercial driver in the Fremont area, you can seek guidance from truck accident lawyer Stephen M. Fuerch. He can help you assert your right to compensation.Pursuing Compensation through a Negligence Claim
There are numerous state and federal regulations that apply to truck driving operations. For example, trucking companies are required to provide a certain number of hours of training to their drivers and to conduct routine drug screenings to ensure that their drivers are not operating these large vehicles while under the influence. Commercial drivers are also subject to many traffic laws that govern their speed, turning, and operation on the highways.
In order to recover compensation for injuries sustained in an accident, the victim must show that the truck driver or the trucking company acted negligently. Negligence is a legal doctrine that examines whether the defendant acted with the same ordinary care and skill that a reasonably prudent person would use in a similar circumstance. In a truck accident, this standard takes into account all of the road and weather conditions that may have affected the situation and all applicable traffic laws.
In order to recover compensation, the plaintiff must show that the defendant driver or trucking company failed to act according to the duty of care, or violated one of the rules and regulations that apply to trucking operations.
After establishing the appropriate standard of care and proving that the truck driver or trucking company failed to act according to that standard, the plaintiff must show that this breach was the cause of his or her injuries. Personal injury law incorporates a legal doctrine called respondeat superior, or vicarious liability. According to this theory, an employer is liable for the negligent acts of an employee if they were committed during the course and scope of the employee’s duties. Using this theory, many truck accident victims can hold a trucking company liable for a trucker’s negligent driving.
After proving causation, the plaintiff must offer evidence supporting the monetary damages that he or she is claiming in the lawsuit. This frequently includes hospital bills, physical therapy bills, and medication costs. Collisions with massive vehicles often lead to devastating physical injuries that prevent a victim from returning to work for a long period of time. In some instances, the injuries are permanent, and the plaintiff is unable to return to his or her usual occupation. In these instances, the defendant is generally liable for the victim’s loss of income and possibly loss of future earning capacity.Discuss Your Case with a Fremont Lawyer after a Motor Vehicle Collision
At The Law Office of Stephen M. Fuerch, we know how difficult this time can be for you and your family. With over 35 years of experience, injury attorney Stephen M. Fuerch has helped many accident victims in Fremont and the surrounding communities seek the compensation that they deserve. We have assisted individuals throughout the Bay Area, including in Walnut Creek, Alameda, and San Ramon. Call us now at (925) 463-2575 or contact us online to set up a free consultation.