Modesto Truck Accident Lawyers

Truck Accidents Are Increasing in Modesto and Nationally

California highways appear in numerous places in the list of top 100 freight bottlenecks throughout the country. Modesto is in the middle of a major freight corridor, as goods make their way throughout California, from the Port of Los Angeles to the Pacific Northwest.

Trucks are causing an increasing number of serious injuries and death, as far more are on the road. Over the past decade, the number of trucks nationally has multiplied, especially in the wake of the pandemic. One estimate had truck traffic growing at 4.5 percent in 2022 over the previous year. Truck traffic will continue to grow in future years, especially as an expected surge in nationwide road construction means more trucks on the highways.

Trucks are not just a problem on highways. More of them are venturing off highways due to clogged traffic or to make local deliveries. Careless driving can increase the risk of accidents on local roads and interstates.

There Are Not Enough Truck Drivers to Safely Operate Trucks

The rise in the number of trucks comes along with a shortage of truck drivers. In effect, trucking companies are facing a double whammy. There are more trucks to find drivers for and fewer drivers overall. Estimates indicate the truck driver shortage has reached 600,000 drivers. Trucking companies cannot fill openings because of truck driver retirements and many younger people who do not want to spend extended periods away from home.

Some trucking companies have responded by raising wages to hire new drivers. However, paying drivers more means that trucking companies have made cutbacks in other expenditures to preserve their profits. Other trucking companies have not significantly raised wages and have staffed their positions with less experienced drivers who are more dangerous to you. Either way, you and your family may end up paying the price of your safety when one of these drivers causes an accident.

Your Damages in a Truck Accident Case

You may be entitled to significant financial compensation if you have suffered an injury in a truck accident.

Many factors have led to large settlements and jury awards after truck accidents, including:

• Truck accident injuries are more serious because of the size disparity between the truck and the car involved.
• Trucking companies have larger insurance policies and more assets to cover settlements and jury awards.
• Trucking companies may be hit with punitive damages because they deliberately cut corners in the name of profits.

How to Win Your Truck Accident Case

Before qualifying for a financial settlement or award, you must show that the truck driver or trucking company caused the acident. In every truck accident case, liability depends on negligence.

To win your case, you need a truck accident lawyer who can prove:

• The truck driver owed you a duty of care
• The truck driver violated the duty of care by doing something unreasonable under the circumstances
• You suffered an injury
• You would not have suffered an injury had it not been for the wrongful actions of the truck driver

Examples of Negligence in a Truck Accident Case

If your attorney learns that the truck driver or trucking company violated a federal trucking regulation, it can be negligence per se. You will not need to prove anything further to be in a position to receive financial compensation.

Negligence in a truck accident case may include:

• A distracted or speeding truck driver rear-ended you.
• A truck sideswiped you because the driver did not check their blind spot when changing lanes.
• The truck driver lost control of their truck because they drove drowsy.
• The truck malfunctioned because of a maintenance problem that the owner ignored.
• You suffered an injury from cargo that flew off a truck because someone did not properly secure it.

How Your Truck Accident Attorney Can Investigate and Prove Your Case

Prompt and extensive investigation is crucial after a truck accident. You need to call an attorney from Silva Injury Law as soon as possible after the accident to get them to work. If you are too injured to make the call, your family members should do it on your behalf.

Your truck accident attorney can use multiple sources of evidence to prove what happened in your accident. Like any motor vehicle accident case, you can use physical evidence and witness testimony to show that the truck driver caused the crash. In a truck accident case, there are additional sources of evidence that can be helpful to your case that the trucking company does not want you getting in your possession.

Relevant evidence can include:

• Black box data that shows how the driver operated the truck before the accident
• Electronic service logs that show whether the driver was following the hours of service regulations that limit the operation of the truck
• The employment and driving records of the truck driver involved in the accident
• The maintenance records for the truck show when inspections happened and what actions they took to fix any problems

Your Attorney Can Aggressively Obtain Even More Evidence During a Truck Accident Lawsuit

Although you may not get this evidence immediately, your attorney can obtain it during a truck accident lawsuit. First, your lawyer will need to direct the trucking company to preserve this evidence in anticipation of a trial. If the trucking company destroys or loses the evidence, it may face serious consequences.

If you can prove that the truck driver was negligent, you can sue the trucking company for your accident injuries. A truck driver is an agent of the trucking company that employs them.

Whatever the truck driver does is an act of the trucking company. Even if a trucking company tries to classify its driver as an independent contractor, you may still sue the trucking company, depending on the realities of the arrangement. The trucking company can also be liable for negligent hiring and retention for not properly vetting their drivers.

Trucking Companies Will Usually Have Large Insurance Policies

Insurance companies will not write an insurance policy for a commercial truck for less than $1 million. Trucking companies often have even more insurance, given the severity of truck accident injuries.

One serious accident can put them out of business without sufficient insurance coverage. Angry juries have issued verdicts that ended trucking companies because they had to pay their own assets to the plaintiff.

Even though there is a large amount of potential liability, insurance companies are still not in a hurry to settle your claim. They know that a large amount of money is on the line, and they will employ their usual tactics and brinkmanship to wear you down. You need a truck accident lawyer to negotiate a truck accident claim with the insurance company.

Besides gathering the necessary evidence, the other important part of preparing for your truck accident legal case is knowing how much your claim may be worth. Even though the value of your case is high, hundreds of thousands of dollars still is not a rounding error. You and your family will need money to compensate for the injuries you have already suffered and will continue to deal with in the future.

You can expect a difficult process before getting a check for your accident injuries. You need to follow this process, and you should always have an attorney leading you.

As a rule of thumb, insurance companies do not like to write large checks. They will drag their feet and delay to keep their money for longer and cut what they need to pay you in a settlement.

Patience and pressuring the insurance company to settle the case will get the best financial compensation.

In the end, the insurance company may need to up its settlement offer out of fear of massive jury verdicts that can include punitive damages.

Always Hire an Attorney for a Truck Accident Lawsuit

Never handle your truck accident case on your own. Not only are you dealing with serious injuries, but you also lack the legal experience to pressure the insurance company and obtain top dollar for your injuries.

Your truck accident lawyer may:

• Immediately investigate your truck accident and establish the cause of the crash.
• Gather the evidence that proves the truck driver caused your accident.
• Estimate the value of your truck accident case.
• Plot the most effective legal strategy to maximize your truck accident compensation.
• Prepare the claim to submit to the insurance company or the lawsuit to file in court.
• Obtain trucking company records that prove your case.
• Negotiate your compensation in a settlement agreement.
• Take your case to trial if you cannot reach a settlement agreement. (Truck accident trials are rare because the trucking company and their insurance carrier have every reason to fear a jury, especially after serious wrongdoing.)

It does not cost you anything out of your pocket to get the legal help you need. Your lawyer can start working for you immediately without you owing them any money upfront. They will not send you bills while your case is pending. Instead, your lawyer only receives fees if you receive compensation. If your case does not result in a settlement or jury award, you will not get a bill from your attorney for their time.

Contact a Modesto Truck Accident Lawyer Today

Michael Joe Silva, Truck Accident Attorney

The Silva Law Firm is the legal team of legal heavy hitters you need when you or a loved one suffer a Modesto truck accident injury. We are determined and aggressive in pursuing financial compensation for you. We will immediately roll our sleeves up and get to work on your case. Reach out to a Modesto personal injury lawyer.

To speak with a lawyer, you can reach out to us online or call us today at (209) 457-0738 . You cannot afford not to make this call. Otherwise, the insurance company can aggressively cut your financial compensation or deny it to you altogether. This money is vital to you and your family.

Don’t delay. Reach out now for the help you need.

Testimonial

“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”

Silva Injury Law – Modesto Office

515 13th St Suite 203
Modesto, CA 953544