San Diego Truck Accident Lawyer
350 10th Avenue, Suite 1000
San Diego, California 92101
About 500,000 commercial truck accidents occur annually, resulting in about 5,000 fatalities and tens of thousands of injuries, many of them serious, according to the U.S. Department of Transportation. One out of every eight traffic fatalities involve in a commercial truck. A San Diego truck accident lawyer deals with both people injured in commercial truck accidents and also the families of people killed in those types of collisions.
San Diego Truck Accident Wrongful Accident Cases
A wrongful death case arising from a truck accident when the collision was caused the rig driver or someone else associated with the commercial vehicle's negligence. Certain family members identified in California law are able to file a wrongful death lawsuit in the aftermath of a loved one being killed in a truck accident.
Examples of family members who may be eligible to file a wrongful death lawsuit include a spouse, parents, and children. An experienced San Diego truck accident lawyer from The Doan Law Firm is able to explain the ins and outs of a wrongful death case to family members of a person killed in a commercial truck collision.
The facts and circumstances of a specific case determine what a family member is able to obtain in the way of compensation. A skilled lawyer helps to determine the impact of the specific facts and circumstances of a case.
Examples of possible compensation in a wrongful death case include:
- loss of companionship
- loss of consortium
- lost income
- medical expenses
- funeral expenses
- emotional suffering
San Diego Truck Accident Personal Injury Cases
In the same manner the facts of a wrongful death case govern financial recovery in that kind of proceeding, the circumstances of surrounding a personal injury case determine the type of recovery potentially available.
In a truck accident case, an injured person may be entitled to compensation that includes:
- medical bills
- pain and suffering
- lost wages
- emotional distress
- permanent disability
In a truck accident case, an injured person may be entitled to more than merely compensation for current losses. An individual may also be entitle to financial compensation for future losses. For example, an injured person may continue to incur medical bills and endure pain and suffering in the future.
Punitive Damages in Wrongful Death and Personal Injury Cases
In some cases, a person injured in a truck accident case may also receive punitive damages in a lawsuit. In addition, the family who pursue a wrongful death lawsuit may also be entitled to this type of recovery.
Punitive damages represent an additional payment to an injured person, or the family a person killed in a truck accident, when the conduct of the negligent part is particularly reckless. Punitive damages are ordered to punish the party who caused the accident who was particularly reckless or egregious in that individual's conduct.
Proving Negligence in a Truck Accident Case
From a legal standpoint, three elements must be demonstrated in order for someone to be negligent in causing a commercial truck accident. First, the individual must have a duty of care. For example, the driver of a rig has the legal duty to operate it in a responsible, safe manner.
Second, that duty of care must be breached. For example, the rig driver texting at the time of the collision would be deemed to have breached his or her duty of care.
Finally, the breach of duty must be the proximate cause of the accident and the injuries sustained by the injured individual. For example, if a rig driver is texting while driving and runs through a stop sign colliding with a car with the right away, the accident and associated injuries of the driver of the other car would be legally connected.
Hiring a Lawyer
The first step in retaining the services of a San Diego truck accident lawyer from The Doan Law Firm is scheduling an initial consultation. During an initial consultation, a lawyer from the law firm evaluates a truck accident case. In addition, the attorney will answer any questions the potential client may have regarding the case.
There is no fee charged for an initial consultation with an attorney from The Doan Law Firm. The appointment can be scheduled by calling 760-991-0000, any time day or night, 365 days a year. The appointment can be scheduled at the offices of the firm, at a person's home, or even at the hospital if the circumstances require. An appointment can be made any time at a potential client's convenience.
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