Maison Law Accident & Injury Lawyers of Fremont advocate on behalf of produce truck accident victims. If you or a loved one has been injured in a produce truck accident in Fremont, our team of experienced accident attorneys can help you get the compensation you need. For trusted legal counsel, contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.
Do I Need a Lawyer for a Produce Truck Accident in Fremont?
Truck accidents are far more devastating than your typical car accident. Victims injured in trucking accidents often suffer severe injuries, which require extensive medical treatment and time off work to recover. In certain cases, truck accident victims can be left with permanent disabilities, leaving them and their families with astronomically high medical bills. The financial and physical toll these accidents can have on a person’s life is why it is advisable to speak to an attorney with comprehensive trucking accident experience if you’re ever involved in a truck accident. A trucking accident attorney can:
- Investigate and determine wrongdoing or recklessness: Trucking accidents are complicated due to the amount of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
- Collect and preserve key evidence: Trucking logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim.
- Communicate with insurance companies and other attorneys: With trucking companies and drivers having insurance, it is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
- Prove liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
Who is Liable for Produce Truck Accidents?
With the amount of trucks traveling into Fremont every day, the higher the risk of an accident. According to Heavy Weight Transport Inc., 65% of trucking accidents occur between 6 a.m. – 3 p.m. This is typically when traffic is heaviest and why trucking accidents involve so many other vehicles. For example, let’s say a produce truck is traveling southbound on I-680 north of Mission Boulevard at 7 a.m. and doesn’t see the line of nearly stand-still traffic in front of them. The driver tries to stop, but it’s too late. The enormous three-axel, produce truck plows into the rear-end of one vehicle, causing at least five other vehicles to be hit. Who is liable?
The simple answer is the truck driver. However, the details of the accident may reveal more than meets the eye. Perhaps, the nearly “stand-still” traffic was caused by someone texting and driving. Maybe the truck driver’s brakes stopped working because they were defective. Or maybe the truck company failed to do weekly inspections on this particular big rig. As you can see, these accidents can become complex. However, the most common liable parties in produce trucking accidents include:
- The truck driver: in the case of a grocery store truck driver, they will most likely not be held liable because the grocery company is responsible for the actions of their drivers. However, if the employee is an independent contractor and not associated with a company, then you may be able to bring a claim against the individual driver.
- The truck company: As stated above, the truck company is liable for the actions of their employees when they commit a careless or wrong act within the scope of employment, according to California’s Respondeat Superior Law, which states:
- “The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
- A third party: Another driver, a government body, a road construction crew, or a truck maintenance company could also be liable if their reckless or careless actions resulted in an accident.
How Do I Establish Carelessness in a Produce Truck Accident in Fremont?
Other drivers, including truck drivers, owe a “duty of care” to the people around them on the road. Duty of care isn’t just a suggestion for drivers, it is a law they must follow. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish a careless truck driver caused your accident, you would need to prove the following:
- Duty of care: the Gelson’s truck driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the truck driver failed to uphold their duty of care toward other drivers
- Cause: the truck driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
What is the Typical Compensation for a Produce Truck Accident in Fremont?
If you’re injured in a produce truck accident, you may be able to receive compensation for your damages. There are three damages you can claim that will have a substantial impact on the amount of compensation you can receive. They include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
It is important to note the final settlement amount varies widely depending on the circumstances of each case and the severity of your damages. It is recommended to consult with a trusted accident attorney to fully understand the value of your case.
Contact a Produce Truck Accident Attorney in Fremont
If you or a loved one have suffered injuries due to the carelessness of a produce truck driver, the Maison Law Accident & Injury Lawyers of Fremont can help you obtain the compensation you need. Our firm understands how traumatic and overwhelming a trucking accident can be. The road to recovery can seem difficult, but it doesn’t have to be. For trusted trucking accident legal counsel, contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation. There are no upfront fees for our services and you don’t pay a dime until your case is won.