When it comes to commercial vehicle accidents, one factor that can contribute to an incident’s severity is an overloaded truck. Unfortunately, improperly loaded cargo can result in catastrophic injuries and extensive property damage. If you have been involved in an overloaded truck accident in Sacramento, you need an attorney with experience in these cases.
At Triumph Law, P.C., you can connect with a Sacramento overloaded truck accident lawyer who understands these complicated trucking accidents. Our Sacramento truck accident lawyers offer a no-win, no-fee guarantee and are well-versed in commercial trucking regulations, including weight restrictions and proper loading procedures.
We are committed to fighting for the rights of accident survivors and injury victims and holding negligent parties accountable for their actions.
What will a Sacramento Overloaded Truck Accident Attorney Do?
Your Sacramento personal injury lawyer with experience in these cases will thoroughly investigate the incident, gather evidence, and identify the liable parties. Handling negotiations and settlements is another crucial aspect of a truck accident attorney’s role. They will manage all communications with the insurance companies and other involved parties.
While you relax and focus on recovering, your lawyer will work to secure fair compensation for your injuries, medical expenses, lost wages, and other damages. If a fair settlement cannot be reached through negotiations, your truck accident attorney will be prepared to represent you in court.
If your case ends up in court, your attorney will guide you through the entire litigation process, presenting a compelling case before the judge and jury to meet the burden of proof as described by California Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60.
With Triumph Law, P.C. working on your case, you can have peace of mind knowing your legal matters will be handled with professionalism. We can advise you of all the personal injury claim laws that may relate to your case, such as California’s pure comparative negligence laws under California Civil Code 1714.
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(916) 500-0000Are Trucking Companies Liable for Overloaded Truck Accidents?
While trucking companies are often to blame for overloaded truck accidents, determining liability in these cases can be challenging. Depending on the circumstances leading to the crash, multiple parties may share responsibility.
The following parties may be liable for a collision involving an overloaded commercial truck:
- Trucking company: In many cases, the trucking company may bear liability for an overloaded vehicle accident. Businesses are legally obligated to ensure that their trucks comply with weight restrictions and loading regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). When trucking companies ignore federally mandated safety standards, they should be held accountable to the full extent of the law.
- Truck driver: The truck driver also plays a crucial role in the vehicle’s safe operation. If the driver knowingly operates an overloaded truck or fails to report the issue to the trucking company, they may share liability for the accident. Negligent actions such as speeding, distracted driving, or driving under the influence of alcohol or drugs can further compound their responsibility.
- Cargo loaders: The workers responsible for loading the cargo onto the truck must adhere to weight restrictions and proper loading procedures. Unfortunately, supervisors can sometimes encourage them to ignore safety regulations in the interest of profit. They may be liable if they overload the truck or improperly distribute the weight, causing an accident.
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Compensation after a Collision with an Overloaded Vehicle
When you have been involved in a collision with an overloaded vehicle, seeking fair compensation is crucial to your recovery from the physical, emotional, and financial burdens caused by the accident. Accurately calculating every loss you have suffered is one of the most vital jobs of your Sacramento overloaded truck accident attorney. While every case is unique, here are some of the damages you could recover after being injured in a truck collision:
- Medical expenses: Collisions with overloaded vehicles can result in severe injuries that require immediate medical attention and ongoing treatment. Even if you don’t initially believe your injuries are severe, it is critical that you receive a comprehensive medical exam by healthcare professionals and emergency responders. Compensation may cover medical expenses such as hospital bills, surgeries, medications, rehabilitation, and future medical needs related to the accident.
- Lost wages: If your injuries prevent you from returning to work, you may be entitled to compensation for the income you have lost and any future earnings that will be affected. This includes wages, bonuses, commissions, and other employment benefits. It may also include vocational rehabilitation if you are no longer able to perform the job you had before the collision.
- Pain and suffering: Overloaded truck accidents can lead to significant physical pain, emotional distress, and reduced quality of life. Compensation may be awarded for the physical and emotional suffering endured as a result of the collision. It can also cover aspects of your life you did not consider, such as the loss of an intimate relationship with your spouse.
- Property damage: If your vehicle or other personal property was damaged in the accident, you could recover the cost of repairs or the fair market value of the damaged property. If your vehicle can be repaired, you may even demand compensation for the reduced value of your vehicle. While it may be repairable, buyers will often disregard vehicles with accidents in their history.
- Punitive damages: In some cases, punitive damages may be appropriate. If the actions of the liable party are deemed particularly reckless or intentional, the court may award punitive damages under California Civil Code Section 3294. Also known as exemplary damages, they may also signal to the community that this behavior is intolerable.
Do not let an insurance company settle for less than your case is worth. They lose money every time they pay out on a claim and will often look for any reason to reduce or outright deny your claim. Instead, consult with an overloaded truck accident attorney in Sacramento who can assess the specifics of your situation and pursue the maximum compensation available under the law.
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Contact an Overloaded Truck Accident Lawyer in Sacramento
Triumph Law, P.C. has a proven track record of successfully representing Northern California clients in cases involving excessive and improperly loaded cargo. Your overloaded truck accident attorney from our firm will tirelessly pursue justice on your behalf, seeking maximum compensation for your medical expenses, lost wages, and pain and suffering.
Every party responsible for the injuries you have endured should be held to account for their actions.
When you contact our Sacramento office, we will provide you with a free consultation to discuss the details of your case. Our compassionate legal team will listen to your story, answer your questions, and advise you on your next steps. Time is of the essence in a personal injury case, so do not delay.