Truck accidents involving fatigued drivers can see you suffer catastrophic injuries. Those injuries come part and parcel with a significant uptick in your personal expenses as you fight to pay your medical bills. How are you supposed to get back on your feet? Sacramento driver fatigue truck accident lawyers can help.
Triumph Law is here to help you triumph over negligent trucking companies, independent contractors, and other negligent parties. You can count on our truck accident lawyers in Sacramento to represent your best interests, whether you’re filing an insurance claim or going to civil court.
We have over 20 years of experience that we’re prepared to put to work on your behalf.
What Type of Accident Did You Suffer from a Fatigued Truck Driver?
Driver fatigue can cause a wide range of accidents when a truck driver doesn’t get the rest they need. Some types of accidents are more common than others. A Sacramento personal injury lawyer from our firm could help you recover compensation if you were in any of the following types of accidents:
- Rear-end collisions: Fatigued truck drivers may fail to maintain a safe distance from the vehicle ahead, leading to rear-end collisions. The reduced reaction time and impaired judgment can prevent them from stopping in time, resulting in significant damage and potential injuries.
- Lane departure accidents: Driver fatigue can cause truck drivers to drift out of their lane or completely cross into adjacent lanes. This can result in side-swipe, head-on collisions, or collisions with other vehicles in the affected lanes.
- Jackknife accidents: Fatigued truck drivers may struggle to maintain control of their vehicles, leading to jackknife accidents. This occurs when the trailer swings out to the side, forming a “V” shape with the truck, potentially colliding with other vehicles or causing multi-vehicle accidents.
- Rollover accidents: Driver fatigue can impair a truck driver’s ability to react to sudden changes in road conditions or take appropriate evasive actions. This increases the risk of rollover accidents, particularly when taking on curves or obstacles on the road.
- Intersection collisions: Fatigued truck drivers may fail to observe traffic signals, stop signs, or yield signs at intersections, leading to accidents with other vehicles. These collisions can occur due to delayed reactions, misjudgment of distances, or falling asleep at the wheel.
If you’re unsure if your accident type or injuries qualify, one of our Sacramento, CA, driver fatigue truck accident lawyers can help. Our law firm gives our clients free consultations to assess their cases and determine their eligibility for compensation.
Can California Find Someone Guilty of Criminal Misconduct After a Truck Accident?
Yes, California law enforcement can arrest someone after your truck accident. However, you may not ask officers to arrest someone or initiate an arrest yourself.
That doesn’t mean you can’t benefit from a criminal investigation into someone’s negligence, though. If the state finds your liable party guilty of drug abuse, reckless driving, or other forms of criminal misconduct, take note. You can submit a liable party’s criminal conviction as proof of negligence when you bring a driver fatigue truck accident claim forward in civil court.
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(916) 500-0000Filing an Insurance Claim After a Driver Fatigue Truck Accident
California requires anyone with a driver’s license to purchase insurance before they hit the road. If a truck driver works with corporate clients, it’s safe to assume that the driver has the state’s minimum liability coverage, if not additional support.
As such, victims of truck accidents should have the right to file claims with relevant insurance companies after accidents with commercial trucks. Most insurance providers expect an injured party to reach out within a few days of a crash.
You can work with a driver fatigue truck accident attorney in Sacramento, CA, to get your insurance claim to an appropriate provider on time. Our team can represent you as you demand the compensation you deserve.
How to Deal With Insurance Companies’ Bad-Faith Conduct
Unfortunately, most insurance providers will do everything in their power to deny you the support you need to pay your medical bills after an accident with a semi-truck. Many insurance claims adjusters will use bad-faith techniques to:
- Limit your ability to communicate with a provider
- Remove evidence from an accident scene
- Deny your right to certain damages
- Slow down your filing process
You don’t have to let these bad-faith tactics stand between you and maximum compensation. Instead, you can work with legal counsel to challenge an insurance company’s continued disrespect. Our legal team can center conversations on your financial losses, forcing Northern California’s insurance providers to take your losses seriously.
Even if you successfully file a driver fatigue insurance claim, you only stand to recover damages based on your economic losses. If the coverage you receive from an insurance company isn’t enough to pay your bills, our personal injury law firm can help you bring your losses to a California judge’s attention.
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Proving Your Right to a Truck Accident Claim
Injured parties like you have an obligation to meet or exceed California’s burden of proof if you want to charge a truck driver with fatigued driving. Our attorneys can conduct a thorough investigation on your behalf to prove that an at-fault party:
- Owed you a duty of care at the time of your accident
- Violated that duty through avoidable negligence – or, more specifically, fatigue
- Caused an accident due to their fatigue, resulting in devastating consequences for you and your loved ones
The evidence we use to make these points can come from your accident scene in the form of physical debris and environmental damage. We can also interview witnesses and request photos of your crash.
Our professional network can then expand on the evidence we find at the scene of your crash. Expert witnesses, including medical professionals, can elaborate on the extent of your physical losses. We can also use a truck’s black box data or other electronic data to pinpoint when a driver’s fatigue puts you in danger.
Contracts Can Impact Implications of Fault After a Serious Truck Accident
Evidence establishes the foundation of your truck accident case, but it’s not the end-all, be-all of liability. The contracts involved in a commercial truck accident can have a considerable impact on your ability to hold another party accountable for your losses.
This is where our legal advice comes in handy. We can look into the contracts involved in your case and determine whether you can sue:
- An independent contractor working with corporate clients
- A trucking company that wrongfully violated federal regulations regarding drivers’ breaks
- A corporate client compromising the safety of its drivers
If you get into an accident with an independent contractor, you cannot sue that contractor’s clients. However, if you get into an accident with an employee, you have the right to sue that party’s employer for your losses.
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Pure Comparative Negligence in California Truck Accident Cases
California is one of a few states that operates on a pure understanding of comparative negligence. This understanding dictates that no matter how much fault a person allegedly contributed to their own accident, they may recover damages based on their losses.
However, this understanding of comparative negligence does allow California’s civil courts to reduce the damages a person receives based on the percentage of fault they contributed to their accident. For example, say you deserve $100,000 in damages after a driver fatigue truck accident, but a liable party argues that you’re 40 percent liable for your own losses.
According to California’s understanding of fault, you may still recover damages. However, you won’t receive that $100,000. Instead, the court will reduce your final settlement by 40 percent, awarding you $60,000 in total.
What Is the Statute of Limitations for a Sacramento Truck Crash Claim?
When pursuing a claim for a Sacramento truck accident, it’s essential to understand the statute of limitations. The time window within which you must file a lawsuit is referred to as the statute of limitations.
The statute of limitations in California is typically two years from the accident date for personal injury claims, including claims involving truck accidents. It’s critical to be aware of this deadline and act quickly to protect your rights.
If you don’t file your claim within the deadline, you won’t be able to recover any damages. To avoid this, you need to get in touch with an experienced Sacramento truck accident attorney as soon as possible to meet all necessary deadlines.
How Do Attorneys Work Within Your Statute of Limitations?
One of our Sacramento personal injury attorneys can guide you through the legal process, making sure that all necessary documents are filed on time and that you file your claim within the statute of limitations.
Keep in mind that there may be exceptions to the standard statute of limitations depending on the circumstances of your case. For instance, if the truck crash resulted in a fatality, the statute of limitations for filing a wrongful death claim may differ.
Seeking Compensation as a Truck Accident Victim of Driver’s Fatigue
As a truck accident victim caused by the driver’s fatigue, you have the right to seek compensation for your injuries and damages. Truck accidents can result in significant physical, emotional, and financial hardships, and pursuing a compensation claim can help alleviate some of these burdens.
It is crucial to gather evidence that establishes the truck driver’s fatigue as the cause of the accident to seek compensation successfully. This may include obtaining the driver’s logbooks, surveillance footage, witness statements, and other relevant documentation. An investigation into your accident can help you recover damages based on your:
- Medical expenses
- Property damage
- Essential property repairs
- Lost wages
- Reduced enjoyment of life
- Stress
- Emotional trauma
- Pain and suffering
If a Sacramento, CA, driver fatigue truck accident attorney takes your case to trial, a civil judge may even award you punitive damages. You cannot request punitive damages in your initial claim, but they can supplement the economic and non-economic support you already stand to receive.
Gathering Evidence to Fight for Maximum Compensation in a Driver Fatigue Truck Accident Case
We can help investigate the accident thoroughly, gather necessary evidence, and build a strong case on your behalf. When seeking compensation as a truck accident victim, your attorney will negotiate with the insurance companies and, if necessary, pursue legal action. Our team will advocate for your rights and fight to maximize the compensation you deserve.
By leveraging our knowledge of personal injury law as a legal term and experience in truck accident cases, we will work tirelessly to help you obtain a fair settlement or, if needed, represent you in court to secure a favorable verdict.
What Damages Can You Recover After a Driver Fatigue Truck Crash?
You’ve likely suffered economic and non-economic damages after a fatigued truck driver hit you on Sacramento roads. Our team at Triumph Law understands how stressful the financial burden of the aftermath of a truck accident is. Our team is ready to advocate for you and help you recover damages such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Rehabilitation and therapy costs
- Diminished earning capacity
- Emotional distress
- Loss of consortium
- Funeral expenses, in case of wrongful death
Depending on the details of your Sacramento driver fatigue truck accident, you could be eligible to recover some or all of the abovementioned damages. We’ll let you know what damages you qualify for and a settlement estimate when you meet with us.
We Help Victims of Truck Accidents Request Financial Support In and Out of Court
Many truck accident victims prefer not to reach out to an attorney because they’re concerned doing so may commit them to a civil trial. This is not the case. Our driver fatigue truck accident attorneys in Sacramento, CA, can customize your approach to the civil process based on your preferences and the details of your case.
For example, if you’d prefer not to go to trial, we can arrange private settlement negotiations with the party responsible for your losses. In many cases, trucking companies will push for private settlement negotiations to avoid spending undue time in civil court.
However, the party responsible for your driver fatigue truck accident may not want to acknowledge the total value of your losses. If you can’t get the settlement you deserve in private conversations, you may have to go to trial to win a fair settlement. Fortunately, our team can stand with you throughout this process.
Contact Us to Find Out if Your Sacramento Accident Qualifies for Compensation
No commercial truck driver should get away with distracted driving or other forms of roadway negligence. You have the right to hold these drivers, their insurance providers, and their employees responsible for your severe injuries. Experienced truck accident lawyers in Sacramento, CA, can help you pursue fair compensation immediately after your collision.
Our team has obtained millions of dollars for clients recovering from accidents with commercial vehicles. If you want to learn more about your right to a strong truck accident claim, book a free case evaluation with our staff.