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California Truck Accident Lawyer
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California Truck Accident Lawyer
We have seen the severity of injuries caused by truck accidents. Commercial vehicles introduce a complex legal element after a driver or operator negligently causes your accident injuries or loved one’s wrongful death. Heavy loads and high speed already present a potential hazard. Plus, different laws apply to commercial vehicles. If you or your family member were harmed in a trucking accident, you can pursue a compensation claim equivalent to your financial and emotional losses. It is critical to recognize that truck accident claims can be challenging, which means that our California truck accident lawyer can help you protect and pursue your claim.Negligence in Truck Accidents in California
A truck accident claim is different from the process involved in a typical passenger vehicle accident. The Federal Motor Carrier Safety Administration (FMCSA) establishes legal regulations for both truck drivers and operators. If they fail to meet these civil requirements, they may face significant federal and state penalties. California civil laws also permit accident injury victims to file a claim for their out-of-pocket-expenses, lost work wages, and more. Signs of negligence that we will look for include:- Driver fatigue
- Improperly secured cargo
- Manufacturing defects
- Failure to maintain the truck
- Poorly trained truck drivers
- Driving under the influence
- And more
Proving Negligence in California Truck Accident Cases
For successfully negotiating a settlement or civil award, you must prove that the trucker’s negligence caused the accident. Proving negligence will require your California truck accident lawyer to demonstrate the following:Duty of Care
The first element is to prove that the truck driver, owner, operator, or government entity owed you a duty of care. There is a general responsibility to drive safely and not endanger others.Breach of Duty
The second element to prove is that a breach in the duty of care occurred. In other words, a reckless or careless act manifested, including distracted driving, failure to follow trucking guidelines, or poorly maintained roads.Causation
The third element to prove is that this breach in the duty of care caused your bodily harm or loved one’s wrongful death. The accident must be the cause of your injury for your damages to qualify for a negligence lawsuit.Damages
The fourth and final element to prove is that your accident injuries or family member’s death resulted in financial, physical, and emotional losses. While all cases are unique, Tien Law Firm’s California truck accident lawyer will thoroughly investigate the circumstances surrounding yours to demand the compensation you deserve. Depending upon your situation, we can negotiate an insurance settlement or litigate a civil award to pay for things like:- Current and future medical expenses
- Current and future lost income
- Physical pain and suffering
- Mental anguish
- Lost enjoyment of life
- Wrongful death losses
- Punitive damages
- And possibly more