When truck operators drive while exhausted, their reaction times are significantly reduced, making a serious accident almost inevitable. If you or a loved one has been struck by a fatigued truck operator while driving on the highway, you could be dealing with severe injuries, medical expenses, and a number of other struggles.
Fortunately, a California personal injury lawyer from Triumph Law can take on your case and fight for the compensation you’re owed. Our firm has over 20 years of experience and has secured countless high-value case results for clients dealing with the same challenges as you. You can rest assured that we have what it takes to win your case.
What Is a Driver Fatigue Truck Accident?
Driver fatigue truck accidents are an all too common occurrence throughout the state of California. They occur when truck drivers fail to take rest breaks between their shipments, leading to extreme exhaustion. When a truck operator drives while fatigued, their ability to safely operate the vehicle is severely compromised.
Due to the immense size of commercial trucks, an accident caused by a fatigued driver can lead to catastrophic and even fatal injuries. If you or a loved one has been hurt in such an incident, a California driver fatigue truck accident attorney may be able to obtain compensation for the pain, suffering, and financial losses you’ve been burdened with.
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(916) 500-0000Who Can Be Held Liable for My Accident?
When someone is held “liable” for an accident, it means they’re held legally responsible for the damage they caused. In most cases, there are two parties that can be held liable for a driver fatigue truck crash. Depending on the details of your collision, a driver fatigue truck accident lawyer from California may pursue damages from one of the two following parties:
The Trucking Company
Sometimes, trucking companies will have unwritten policies that pressure or incentivize drivers to work long hours without taking the rest breaks they need to operate their vehicles safely. If we find that the driver’s employer encouraged them to skip rest breaks and drive while fatigued, our truck accident attorneys in California can take action against the company.
The Driver
The driver may also be held liable for your injuries and losses if they took it upon themselves to work through their rest breaks and drive while exhausted. Since the average truck driver’s insurance policy is typically smaller than their employer’s, your attorney may choose to hold both parties liable, allowing you to collect a higher payment.
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How a Driver Fatigue Truck Accident Attorney from California Can Win Your Case
To win your case, an attorney must find evidence that proves the driver or trucking company should be held liable for the accident. First, your lawyer will inspect the driver’s logbooks to find out if they drove longer than the limits imposed by hours of service regulations.
If your lawyer finds that the driver falsified their logbook or skipped a rest break, they can use that information to support your claim.
Our California driver fatigue truck accident lawyers may also investigate the trucking company to find out if they failed to properly train the driver, hired a driver without the proper commercial license, or neglected to properly vet the driver before hiring them.
Our team can also look into the company’s history to find out if they’ve pressured drivers to skip rest breaks in the past. All of the information and evidence your lawyer obtains can be used to strengthen your case and fight for the compensation you deserve.
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Compensation You Could Receive from a Successful Truck Accident Claim
When you work with our California driver fatigue truck accident attorneys, they’ll aim to secure compensation for all of the expenses, employment-related losses, pain, and other challenges you’ve faced due to the collision. If they’re successful, our legal team could recover a variety of helpful damages, including the following:
- Medical expenses
- Ongoing and future treatment costs
- Cost of assistive medical devices and physical therapy sessions
- Cost prescription medication
- Vehicle repair or replacement costs
- Lost wages
- Decreased earning ability due to long-term injury or disability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If you’re suffering from intense physical pain, anxiety, post-traumatic stress disorder, or another hardship because of the accident, let your attorney know. They’ll be able to use your testimony, your medical records, and even a statement from your mental health counselor to get the compensation you need to cope with the effects of the accident.
How Long do I Have to Take Legal Action After a Truck Crash?
All personal injury incidents, including car accidents, truck collisions, and motorcycle crashes, have a statute of limitations. A statute of limitations is essentially the amount of time you have to file a lawsuit against the party that caused your accident.
In California, Code of Civil Procedure § 335.1 gives you two years from the date of your truck accident to submit a civil suit. Failure to comply with this law will not only result in your case being thrown out of court, but it will also leave you without the compensation you need to support your physical and mental recovery.
We’re Committed to Your Claim’s Success and Your Recovery
At Triumph Law, we go above and beyond to help our clients recuperate from their injuries. We do everything we can to locate available insurance coverage and help clients get better medical treatment opportunities. Everything we do is geared towards getting our clients the medical assistance and financial support they need to improve their lives after an accident.
We also make our services incredibly affordable by operating on a contingency-fee-basis. That means we won’t charge any upfront or out-of-pocket fees for the legal services we provide. Instead, your California driver fatigue truck accident lawyer will take a portion of the money you receive from your claim.
Contact us today to schedule a free consultation and get the no-cost representation you need to make a full and lasting recovery.
