California is heavily dependent on the trucking industry. Our state has the second-highest employment of commercial truck drivers in the nation.
The California trucking industry creates over $700 billion in revenue annually. Our state has an extensive network of highways for transporting goods across the state and the nation.
With so many trucks on the road, it’s no wonder that we see high numbers of trucking accidents each year. Many of those accidents lead to catastrophic injuries and fatalities.
There were 400 fatal truck collisions in California last year.
When not fatal, the injuries caused in truck accidents are often life-altering for the victims and their families. Truck accident victims often require life-long medical care and daily assistance.
If you have been injured or lost a loved one in a truck accident, the Oakland truck accident attorneys at Jacoby & Meyers want to help you. We have over 50 years of experience helping truck accident injury victims get the justice and full compensation they deserve.
Call us at (510) 616-9169 or visit our contact page to schedule a free consultation to discuss your case. We look forward to meeting you, evaluating your case, answering your questions, and helping you get the maximum recovery possible.
Act Quickly After an Oakland Truck Accident
You should seek the advice and representation of an Oakland truck accident attorney as soon as possible after an accident.
You need to determine the statute of limitations for your claim. The statute of limitations sets your deadline for filing.
In California, most personal injury cases have a statute of limitations of two years. However, there are exceptions to the two-year deadline.
If your defendant is a government entity, you must file a claim through the Government Claims Act within six months from the accrual of your cause of action.
There are also cases where the statute of limitations will toll or be paused for a period of time. For example, if the defendant is temporarily not of sound mind or has left the state, the clock may be paused until they regain competency or return to the state.
If the truck accident victim dies from their injuries, a wrongful death claim could be filed by their family members. In wrongful death cases, the two-year statute of limitations begins to run on the date the injury victim died rather than on the date of the truck accident.
Additionally, if your injury was not known until a later date, the statute of limitations may not begin to accrue until you knew or should have known of your injury.
These are only some exceptions to the two-year rule for the statute of limitations.
You must consult with an experienced Oakland truck accident attorney to determine your deadline for filing a claim. If you miss your deadline, you cannot recover compensation for your damages.
You should also act quickly after an Oakland truck accident because critical evidence can be lost or diminished if not collected and secured promptly. Over time, evidence can be lost or destroyed, memories fade, and witnesses move away.
When the Oakland truck accident attorneys at Jacoby & Meyers take on a case, they immediately investigate the accident to identify all possible causes and potentially liable parties.
They work quickly to locate and gather the evidence needed to support your claim and build your strongest case so you get maximum compensation for your injuries.
Comparative Negligence in California Truck Accidents
In 1975, California adopted a pure comparative negligence rule. This means that a party that is partially at fault is not barred from seeking compensation.
In California, even if you are partially at fault for the truck accident, you may still be able to recover compensation from the other at-fault parties. However, your damages award will be reduced by the percentage of fault assigned to you.
For example, if your percentage of fault is determined to be 25%, and your damages award is $100,000, you would receive $75,000 because your percentage of fault (25%) is deducted.
Insurance companies will try and put as much blame as possible on you to deny or devalue your claim. With over 50 years of personal injury experience, our attorneys know all the tactics used by insurance companies and how to overcome them to get maximum compensation for you.
Proving an Oakland Truck Accident Case
To be successful in an Oakland truck accident case, you must prove the existence of specific elements. You will have to prove by a preponderance of the evidence that:
- The defendant owed you a duty of care to act reasonably and prudently.
- The defendant breached that duty of care by negligent, intentional, or reckless actions.
- The defendant’s breach of duty of care directly caused your injuries.
- You suffered actual damages by the defendant’s breach of duty.
These elements are not easy to prove. You need the help of an experienced, skillful Oakland truck accident attorney to help prove your case.
The experienced personal injury attorneys at Jacoby & Meyers will identify and gather the best evidence to prove your claim. Some of the types of evidence we may use in an Oakland truck accident case could include:
- A copy of the police report of the accident
- Eye witness statements
- Expert witness reports and testimony (such as medical experts or accident reconstructionists)
- Your medical records
- Photographs of the accident or your injuries
- Video footage of the accident scene, dashcam video, or any other video that may have captioned the collision or the scene of the accident
- Maintenance and safety records of the trucking company
- The truck driver’s background and behavior information
- The truck’s electronic data recorder (EDR), also known as the black box
These are just some possible evidence we may use to prove your case. Our attorneys work tirelessly to find the best evidence to support your claim.
Contact an Oakland Truck Accident Attorney
If you have been injured or lost a loved one in an Oakland truck accident, you need the help of an experienced truck accident attorney.
Jacoby & Meyers has protected California injury victims’ rights for more than 50 years.
We have a proven track record of collecting the maximum compensation for our clients, and we want to do the same for you.
Call us at (510) 616-9169 or visit our contact page to schedule a free consultation to discuss your case. We will listen to your story, answer your questions, explain your rights, and help you take the next steps to get the justice and compensation you deserve.
Call or text 888-522-6291 or complete a Free Case Evaluation form