A truck accident has the potential to cause serious injuries that result in huge medical bills, significant missed work, and debilitating pain. Pleasanton truck accident lawyer Stephen M. Fuerch has been helping victims of truck accidents for more than 35 years. If you have been injured in a truck accident you may be entitled to compensation for your injuries.Truck Accidents Injure Thousands of Californians Each Year
With a fully loaded tractor trailer weighing up to 80,000 pounds, accidents involving these vehicles can be especially dangerous. According to the California Highway Patrol, there were 7,249 people injured in California truck accidents in 2011. That year in Alameda County alone, more than 320 people were killed or injured in tractor trailer accidents, making it a top-10 county for truck accident injuries.Truck Accident Victims Can File a Negligence Lawsuit
People injured in truck accidents may be able to seek compensation for their injuries by filing a negligence lawsuit against the person or company responsible for the accident. To prevail in a negligence lawsuit, the plaintiff has to prove:
- The defendant owed the plaintiff a duty;
- The defendant breached the duty; and
- The defendant’s actions were a proximate cause of the plaintiff’s injuries.
Depending on the facts of the case, the defendant in a truck accident case could be the truck driver or his employer, the trucking company. Likewise, defining the duty that the defendant owed the plaintiff also varies from case to case. Truck drivers have a duty to drive while they are alert and not fatigued. Trucking companies have a duty to maintain their trucks and not overload them with cargo. Failing to live up to a legally imposed duty may constitute an actionable breach.
After proving that the defendant breached its duty, the plaintiff must then prove causation. If the injuries at issue were caused by the defendant's actions, like a fatigued trucker or an overloaded truck, the plaintiff can likely prove causation. A plaintiff who successfully proves all these elements will prevail in her negligence case.Speak to an Attorney as Soon as Possible
Because of the unique evidence necessary to litigate truck accidents, truck accident victims should speak to an attorney as soon as practicable. Proving the cause of a truck accident requires special evidence not necessary for ordinary auto accidents, such as driver logs, load information, and maintenance records. The more time that passes, the harder it may be to preserve this evidence before it is lost, deleted, or destroyed.California Law Entitles Prevailing Plaintiffs to Damages
A plaintiff who successfully proves her negligence case is entitled to damages from the defendant. The jury may award damages that reimburse the plaintiff for the direct costs of the accident, including past and future medical bills, lost wages, and property damage. In addition, plaintiffs who have experienced pain and suffering or emotional distress as a result of the accident can recover compensation for those injuries as well.Trust Your Case to an Experienced Lawyer
A person injured in a truck accident has a legal right to compensation for his injuries. The Pleasanton truck accident attorneys of the Law Office of Stephen M. Fuerch have more than three decades of experience helping injured Californians throughout Alameda County, Contra Costa County, and the East Bay. If you have been injured in a truck accident make an appointment to see if we can help you, too. Call (925) 463-2575 or visit our contact page to schedule a free case evaluation.