Sacramento Trucking Accident Lawyers
Over $1 Billion Recovered for the Injured
Because commercial trucks are large and dangerous they are held to very strict safety standards. However, many truck drivers and shipping companies violate these regulations in order to save time and money, which frequently results in terrible, destructive collisions.
If you were injured in a truck crash, or you lost a loved one in a fatal accident, contact our truck accident lawyers in Sacramento to discuss your case. Our team of highly experienced truck accident attorneys in Sacramento is ready to fight for your rights. Kershaw Talley Barlow has recovered more than $1 billion in compensation for accident victims throughout California.
- Why Should You Call Kershaw Talley Barlow?
- Over $1 Billion Recovered
- No Legal Fees Unless We Win
- 100+ Years of Combined Experience
- Free & Confidential Consultations
On This Page:
- How a Truck Accident Lawyer Can Help
- Who Is Responsible for My Accident?
- FMCSA Violations
- Common Truck Accident Injuries
- Truck Wrongful Death Accidents
- Truck Accident FAQs
How a Sacramento Truck Accident Lawyer Can Help You
If you've suffered a traumatic injury because of a negligent truck driver, you don't have to go through this time alone.
When you come to Kershaw Talley Barlow, you will have access to a team of advocates who can:
- Help you receive needed medical treatment
- File all paperwork and ensure you meet any deadlines
- Negotiate with the insurance company on your behalf
- Investigate your accident and determine who was at fault
- Take your case to court in the event a settlement can't be reached
Recovering Compensation for Your Losses
A trucking accident lawyer in Sacramento from Kershaw Talley Barlow can help you file a truck accident claim against the negligent party to pursue maximum compensation for any losses you have sustained, including:
- Medical treatment and expenses
- Pain and suffering
- Permanent injury
- Lost wages
- Emotional distress
Your Advocate with the Insurance Company
The at-fault party’s insurance company will call you after an accident. You do not want to make admissions of fault or liability to the other party. In addition, you should not agree to any recorded statements. In the heat of the moment, things may have unfolded differently than you remember or perceived.
Before talking to an insurance company, contact a Sacramento truck accident attorney to discuss your legal rights.
Identifying Liable Parties in Your Truck Accident Case
Truck accidents are unlike other accidents in that they frequently result in catastrophic injuries and death. To further complicate matters, 18-wheeler accidents often involve multiple vehicles, which means that more than one party may be liable. To improve your chances of securing the level of compensation you deserve, it is crucial to hire an attorney with experience in these cases.
Below are some of the parties who might be held liable:
- The truck driver
- The trucking company
- The manufacturer of the truck’s parts
- Cargo loaders
- The owner of the truck
Depending on the circumstances of your crash, one or more of these parties might be held liable for injuries or death caused by the accident. If you were hurt in a truck accident, your case may require an investigation to obtain all the facts, which can result in a challenging negotiation process.
There are many reasons for truck crashes; the most common causes include:
- Distracted driving
- Sleep-deprived and drowsy driving
- Speeding and reckless driving
- Driving under the influence
- Over-capacity trailers
- Equipment malfunction
- Substandard truck maintenance
- Lack of training or experience
At Kershaw Talley Barlow, our truck accident attorneys in Sacramento can effectively navigate the complexities of your case to ensure the parties responsible for your injuries are held liable for the suffering they have caused.
Violations of FMCSA Guidelines
The Federal Motor Carrier Safety Administration (FMCSA) regulates how long truckers can be on the road and when they must rest. Hours-of-service regulations are designed to prevent accidents caused by fatigued truck drivers.
The FMCSA allows drivers to work up to 14-hour days; however, in this 14-hour window, a driver is only allowed to drive for 11 hours. The remaining three hours in the workday must be spent resting. Once a trucker has reached 14 hours, they are required to take at least 10 consecutive hours off.
The FMCSA also regulates how many days a driver can work before they must take a take off, which is known as the 60/70 rule. If a trucking company is open seven days a week, a driver may only work up to 70 hours in an eight-day period before they must take at least 34 consecutive hours off.
If a trucking company is open five to six days a week, then a driver cannot work more than 60 hours in a seven-day period before taking 34 hours off. If a truck driver violates any of these regulations, and subsequently causes an accident, they can be held liable for the resulting damage.
Common Truck Accident Injuries
Big rigs represent a danger on our roadways because of their size. The average big rig, semi-truck, tractor trailer, and 18-wheeler traveling on California roads can weigh up to 80,000 pounds and can be as much as 75 feet long, while the average passenger vehicle weighs only 4,000 pounds. Sadly, when these types of accidents occur, catastrophic injuries and fatalities aren’t uncommon.
Some of the most common injuries sustained in truck accidents include:
- Severe burn injuries
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Crushed or fractured bones
Wrongful Death from a Truck Accident
In California, the statute of limitations for filing a wrongful death claim is two years from the date of your family member’s passing, so you must act quickly. Do not let time run out on the statute of limitations for your wrongful death lawsuit, or you will miss out on your chance to seek justice.
Damages available for a wrongful death case can include funeral and burial expenses, loss of financial support, expenses related to the decedent’s medical care before death, and loss of companionship, among other things. Contact our firm today to learn more about your rights.
Contact our Sacramento 18-wheeler accident lawyers at Kershaw Talley Barlow today for a free evaluation. You can reach us at (916) 520-6639.
Truck Accident FAQs
How Soon Do I Need to Contact An Attorney?
With truck accident cases in particular, it's important to speak with a Sacramento trucking accident attorney as soon as possible after the accident. Trucking companies have a lot to lose if their driver causes an accident, which makes them highly motivated to settle your claim quickly, even if it means short-changing the injured victim and/or their family. Having an attorney by your side from the outset means you have an advocate who can stand up for your rights and protect your best interests.
What If I Am Partially to Blame for the Accident?
California is a pure comparative negligence state which means you can still recover compensation even if you share fault for your injuries. If your case proceeds to trial, the judge will divide fault among all parties involved and reduce the amount of compensation awarded by your percentage of fault. The insurance company may also reduce your compensation based on shared fault laws, so either way, it's essential to have an attorney on your side during a California truck accident lawsuit.
What is a personal injury lawsuit?A personal injury action is a civil lawsuit that seeks to recover compensation for the harm caused, either physically, mentally, or emotionally, by another’s negligence. Personal injury lawsuits provide a way for victims of preventable accidents to recover compensation for damages like medical bills, lost wages, property damage, and more. In order to be successful, the plaintiff (the injured person bringing the lawsuit) needs to prove that the actions or inaction of the defendant (the person accused of negligence) were to blame for their accident.
Does my injury qualify for a personal injury lawsuit?
In order to file a personal injury case for negligence, you must meet the four following criteria:
- Duty – In order to successfully bring a case against a defendant, the plaintiff must show that the law imposed a “duty” on the defendant to act a certain way. This “duty” is an obligation to act as a “reasonable person” would act, and courts have illustrated how a “reasonable person” would act in a variety of specific circumstances. For example, a manufacturer of a product has a “duty” not to release products that can foreseeably cause harm to consumers.
- Breach – This requirement simply means that a defendant must have failed to act as a reasonable person would have acted in his or her circumstances, and thereby breached his or her duty.
- Harm – This requirement merely means that the plaintiff must have suffered some kind of real harm, physical, financial, emotional, etc.
- Causation – This requirement means that a defendant’s breach of duty must have caused the plaintiff harm. There are two types of causation that typically must be shown: 1) actual causation, meaning that, but for the defendant’s breach, the plaintiff’s harm would not have occurred, and 2) proximate causation, meaning that the link between the defendant’s breach and the plaintiff’s harm must not be ‘stretched too thin’ by intervening events or other factors.
To fully understand your rights after suffering an injury, contact Kershaw Talley Barlow at (916) 520-6639. Our Sacramento personal injury attorneys can provide you with a free case evaluation.
How many personal injury cases go to trial?
The majority of civil cases filed are personal injury tort cases where a plaintiff is seeking monetary damages for an injury sustained by another person’s negligence. These lawsuits are brought for various reasons, such as motor vehicle accidents, medical malpractice, or defective products.
Many civil cases can be resolved without going to trial through an Alternative Dispute Resolution (ADR) process, such as arbitration or mediation. Arbitration and mediation bring together the persons involved in the lawsuit in an informal setting. The goal is to reach a fair resolution without incurring the time and expense of trial.
While there is no exact national data, the U.S. Department of Justice reports about 4% of all personal injury cases filed nationally actually go to trial. The majority of personal injury cases are resolved in either settlements or dismissals before trial is even assigned.
Can I still file a claim if I was partially at fault?In states that recognize the “pure comparative fault” rule, injured parties may recover damages even if they were 99% at fault. Under this rule, the plaintiff's recoverable damages are proportionally reduced by the percentage they are at fault. So, if you were 70% at fault in a crash and suffered $100,000 in damages, you could still recover $30,000 from the other driver. Approximately 1/3 of states have adopted pure comparative fault—including California.
Can I afford a personal injury lawyer?A big concern for many people when considering hiring an injury lawyer is that they may not actually be able to afford their attorney fees, especially if their injuries prevent them from working for a long period of time. The good news is that personal injury lawyers operate on what's known as a "contingency fee basis." This means that unless we recover compensation for you, you won't have to pay any attorney fees. We only win if you win! Additionally, our fees will be deducted from the settlement that you receive as a percentage, therefore you won't be paying anything out of pocket. Want to learn more about how we get paid? You can reach out to our team today for a free consultation and discuss your case!
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