If you have been hurt in a truck crash in Roseville, you may be able to receive financial compensation. Get started on your personal injury case today by calling our law firm and scheduling a meeting with one of our lawyers to receive free, friendly advice at (916) 921-6400 or (800) 404-5400.

When faced with injuries and losses after a truck accident, you may be pressured by the insurance company representing the truck driver and trucking company to settle your bodily injury claim. At our law firm, we understand how you feel about the situation and would like to help you through this difficult time. At AutoAccident.com, we have handled personal injury cases involving commercial truck accidents across California since 1982. We know how important it is for you to receive the justice and compensation you need to move forward. Our legal team can help accomplish that and is available anytime to help you. Contact us today to arrange a free consultation with one of our lawyers to discuss your case.

In California, parties injured in traffic collisions involving large commercial trucks may be eligible to recover financial compensation for losses incurred. That means both economic and non-economic damages. While we would expect the insurance company representing the truck driver and trucking company to do what is right and fairly compensate the injured party for the harm their insured has caused them, that does not always happen. The reason is that the stakes are often high in big rig crash cases due to the severe injuries and damages involved. Insurance carriers and trucking companies often dispute bodily injury claims to protect their bottom line.

No matter the circumstances of a motor carrier claim, it is likely that the insurer and defense counsel will attempt to settle it for the lowest amount possible. Such parties may even try to escape liability for the incident, adding insult to injury for the claimant that has already been through enough. An experienced ruck accident lawyer in Roseville, California, will have the dedication and skills to help claimants obtain maximum compensation. This may include recovery of the following compensatory damages:

• Past and future medical expenses
• Loss of earnings and lost future earning capacity
• Accommodations to the home for permanent injury or disability
• Pain and suffering from the emotional and physical effects of accident-related injuries
• Loss of consortium for the detrimental damage traumatic injuries has had on a marital relationship
• Lost enjoyment of life because of the limitations a severe injury has imposed on an injured party’s life
• Damages for wrongful death if a trucking collision claimed the life of a loved one

As you can see, the consequences of injuries suffered in a commercial truck accident are endless. That is why there is a heightened need for total and fair compensation to address the emotional, physical, and financial consequences an injured party may experience following the incident and that they are likely to incur. It is essential to exercise your rights as a party injured in an accident caused by the negligence of a trucker or trucking company. Fortunately, an experienced injury lawyer may help by handling all aspects of your case so you can focus on your recovery, your loved ones, and getting your life back on track.

As a party injured in a big rig crash, knowing how long you have before your right to compensation is lost forever is essential. There is a limited time that a personal injury lawsuit must be filed in civil court. Generally, a claimant has two years from the date of a commercial truck accident to file a lawsuit. This is by the California Code of Civil Procedure Section 335.1. A different filing deadline may apply if the incident was caused by a large truck owned and operated by the city, county, or state. Under these circumstances, a notice of claim must be filed with the appropriate government entity within 180 days or six months of the accident date, as outlined in the California Government Code Section 911.2.

Some exceptions to the statute of limitations may apply to an accident case. It may be tolled when there is bodily injury to a minor. Under these circumstances, the statute of limitations may start from the minor’s 18th birthday date.

Remember that even if there seems to be ample time to file in either of these situations, that does not necessarily mean that an injured party should wait to build their case. Collecting evidence and speaking with witnesses is vital to any bodily injury claim. As more time passes, witnesses may forget, and evidence may be lost or destroyed. Parties injured in tractor-trailer collisions must retain legal counsel immediately after the incident to protect their rights and ensure all filing deadlines are met in their motor carrier claim.

A spoliation letter advises a defendant to preserve all evidence concerning a big rig crash. Evidence is paramount in personal injury cases as it may help establish liability for the truck driver or trucking company. If the other party fails to comply with the letter of preservation of evidence, the claimant may seek necessary relief from the court. Evidence that may be suggestive of negligence in a tractor-trailer crash may include the following:

• Cell Phone Records
• Data from the Black Box
• Hours of Service (HOS) Logs
• Semi-Truck Inspection Reports
• Truck Maintenance
• Truck Driver Records

An injured party must contact a truck accident attorney in Roseville immediately following an 18-wheeler wreck to ensure that crucial evidence is preserved. It is not uncommon for trucking companies to act quickly and interfere with evidence that may suggest truck driver negligence to protect themselves from financial liability despite an obligation not to do so under the law. Therefore, do not delay contacting an experienced accident attorney with the right experience and skills to handle your claim.

While some bodily injury claims may be resolved with the insurance company, some may proceed to litigation when there are disputes about accident-related injuries and liability for the incident. Under these circumstances, a claimant must prove their case through a preponderance of the evidence. Four elements must be established, including:

• Duty of Care: The at-fault party had a duty to act reasonably to avoid causing bodily injury to others.
• Breach of Duty: The defendant failed to uphold this duty of care.
• Causation: The breach was the direct cause of harm to the injured party.
• Damages: The claimant experienced damages as a result of the incident.

When a Roseville truck accident attorney successfully proves the personal injury case elements, the claimant may be awarded economic and non-economic damages for medical expenses, lost wages, pain, suffering, and other accident-related losses.