Stockton Truck Accident Lawyer | Your Rights and Laws After a Truck Accident

Maison Law represents truck accident victims in Stockton. From initial consultation to resolution, we handle every detail of your case, so you can focus on recovery while we negotiate a fair settlement on your behalf.

At Maison Law, we understand that the quality of your life and your family’s future depend on it. That’s why we aim to get you the maximum amount of compensation for the damage done to your life after a truck accident. Don’t wait until it’s too late. Contact us today for a free, no-obligation consultation.

How Maison Law Helps Stockton Truck Accident Victims

With the number of ocean-bound freighters dotting Stockton’s waterways, it’s no wonder Stockton has some of the highest commercial truck activity in California. Many people wouldn’t consider the city of Stockton to be a port city because it’s roughly 70 miles from the coast, but a channel actually reaches from San Francisco Bay to the largest, inland deepwater port located in Stockton.

Since many of Central California’s agricultural crops are brought to Stockton’s ports, it is not uncommon for regular drivers to find themselves in an accident with one of these commercial trucks on Stockton’s highways and main roads. That’s where Maison Law can help.

We protect your right to compensation after a truck accident and will connect you to immediate medical resources while managing your claim. Insurance companies will try to minimize your damages or place blame on you after you file a claim. But at Maison Law, we have you covered. We understand you’ve been through a traumatic accident and ensure you are fully compensated for the following damages:

• Emergency room treatment
• Hospital bills
• Medications and medical equipment
• Ongoing treatment for current and future medical needs
• In-home care
• Lost income
• Loss of consortium
• Vehicle repair

How Maison Law Helps Stockton Truck Accident Victims Win a Fair Settlement

About 95%-96% of personal injury cases like truck accidents are settled before going to court, according to The Law Dictionary. So, it’s important to have a law firm that understands how to negotiate on your behalf and reach a fair settlement. At Maison Law, we reach successful settlements through:

• Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term, medical needs.
• Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
• Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
• Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tactics insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
• Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.

How Does Fault Work in a Stockton Truck Accident Injury Claim?

In most states, the at-fault party’s insurance is responsible for damages. In a truck accident, the liable party is typically the company the truck driver works for, but we’ll discuss truck accident liability later in the article.

In California, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:

“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

So, being found partially at fault for a truck accident doesn’t mean you can’t be compensated for your injuries. When it comes to your insurance rates, if you are found to be less than 51% responsible for the accident, you will generally not be considered to be “principally” at fault, so your interest rates will not go up.

Truck Accident Liability Law in California

In the case of a truck being involved in an accident, the corporation that owns the truck will most likely be liable for the actions of its truck drivers through vicarious liability. This means the company is responsible for the actions of its employees. This is covered in California’s Respondeat Superior Law:

“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.”

However, trucking accidents are more complex because several parties can be liable for causing your accident. It may seem simple, but there are a lot of different factors that go into truck transportation. Other liable parties include:

• The manufacturer of the truck and its parts
• Vendors providing services to the carrier
• The owner of the cargo
• A local government or contract responsible for road or highway maintenance
• Other third-party drivers on the road

Can You Sue a Truck Manufacturer After a Truck Accident in Stockton?

Yes, a truck manufacturer can be sued if you’re involved in a truck accident in Stockton. According to California Civil Code 1714.5, designers, manufacturers, and any companies involved in a product’s chain of distribution can be held liable if a defective product or part causes harm to another.

A truck manufacturer’s liability will typically fall under product liability law. Product liability holds manufacturers, distributors, and retailers accountable for providing a safe product for consumers. If a defective car part causes an injury, the victim may pursue a lawsuit based on:

1. Strict liability: A manufacturer can be held responsible for strict liability. A plaintiff must prove the product was defective and the defect was a direct cause of their injury. Strict liability can be imposed for three types of product defects:
   1. Manufacturing defects
   2. Design defects
   3. Warning defects (inadequate warning)
2. Carelessness: Requires the plaintiff to prove the defendant failed to exercise reasonable care in the design, manufacture, or distribution of their product, which caused substantial injuries.
3. Breach of Warranty: Warranties guarantee a car’s performance, but if a part fails to meet these guarantees, a breach of warranty could be pursued.

Filing a Lawsuit Against Independent Contractor Truck Drivers in Stockton

If an independently contracted truck driver gets into an accident with you and you suffer injuries, you can file a lawsuit against the driver. For the lawsuit to include the trucking company, there are certain instances where they can be liable for the actions of an independently contracted truck driver.

When determining liability between the truck driver and the truck company, their relationship to one another must be clearly understood. You will need to establish if the independently contracted driver was acting within the scope of employment at the time of the accident. Also, the company would have to specify the driver as an independent contractor in writing. Failure to identify an employee as an independent contractor would potentially make the company liable for the truck driver’s actions. Other liability factors to be considered include:

• The level of control the trucking company has over the driver’s work
• The type of work the driver was hired to do
• The truck driver’s employment history
• The truck driver’s intent
• The nature of the accident and where it occurred
• The expectations the company had for the driver

Stockton Truck Accidents Caused By Defective Parts

Defective car parts are considered any component of a vehicle that fails to perform its intended function due to design flaws, manufacturing errors, or inadequate quality control. These failures can have major consequences, causing car accidents with severe injuries or even death. Data from the National Highway Traffic Safety Administration (NHTSA) shows that defective parts are responsible for 2% of auto accidents every year, translating to more than 44,000 accidents per year.

The most common defective car parts include:

• Brakes: these can feature defective brake pads, rotors, or hydraulic systems, causing drivers to be unable to stop or slow down.
• Tires: tire defects lead to loss of control of the vehicle, blowouts, and tire separation
• Steering systems: steering component malfunctions can make it impossible for drivers to control their vehicles, leading to horrific accidents
• Fuel systems: fuel leaks can lead to fires or even explosions when collisions happen
• Airbags: defective airbags are the result of numerous car accident fatalities as they are necessary to preventing excessive force to the driver and passengers during an accident
• Seatbelts: a defective seatbelt during a car accident can result in the driver, or passengers, being ejected from the vehicle

How Do I Establish Carelessness in a Stockton Truck Accident?

Truck companies and truck drivers owe a “duty of care” when it comes to other drivers on the road. Duty of care isn’t just a suggestion for truck drivers, it is a law that applies to manufacturers, distributors, and maintenance companies as well. 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 that a trucking company caused your accident, you would need to prove the following:

• Duty of care: The truck company has a legal obligation to prevent any hazardous incidents that could injure someone
• Breach: The truck company failed to uphold its duty of care
• Cause: The truck company’s carelessness was a direct cause of the accident
• Damages: You suffered verifiable damages and incurred heavy losses due to the truck accident, which could have been reasonably prevented

Common Causes of Truck Accidents

Knowing what caused your accident is detrimental to your case. It tells a story of what happened and who was at fault for the incident. The most common causes of truck accidents include:

• Driver fatigue: demanding schedules and long drives often cause truck drivers to become fatigued if they don’t take the time to rest. Fatigue results in slower reaction times and a lack of attentiveness, resulting in a higher risk of an accident.
• Distracted driving: calling or texting, interacting with dispatchers, taking your eyes off the road, using the GPS, and eating or drinking while driving.
• Speeding: truck drivers work under strict deadlines, which often causes them to drive recklessly.
• Improper loading or unsecured cargo: improperly stored cargo can make the truck unbalanced, causing the driver to lose control and even flip the truck while driving.
• Poor vehicle maintenance: trucks must adhere to high maintenance standards. If any maintenance is missed it can build into a much bigger problem.
• Lack of training: truck driving is a difficult job. They must know how to safely maneuver their vehicles through all sorts of scenarios and drive through a number of weather conditions. If they are not properly trained, then their risk of causing an accident increases.

What if a USPS Mail Truck Hits You in Stockton?

If a USPS mail truck hits you and you suffer injuries, you reserve the right to file a lawsuit against them. However, since mail delivery drivers are employed by the government, they are afforded certain protections and immunities.

Filing a lawsuit against USPS is not like filing a claim against an Amazon, UPS, or Walmart truck because the United States Postal Service is a government entity. In fact, USPS trucks are not even insured, as they have sovereign immunity to protect them from injury claims. However, it is not impossible to sue the United States Postal Service for compensation.

To file a claim against California state agencies or employees, you will need to go to the California Department of General Services, Office of Risk Management. This site allows any person to file a government claim to receive compensation for damages caused by the state of California.

If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your own wrongful death claim. Your written, wrongful death claim must include the following:

• Your name and address
• Address where you’d like to receive notice
• Date, location, and circumstances surrounding the wrongful death
• A general description of damages caused by the wrongful death
• The name of the employee (if applicable) or agency that caused the wrongful death
• The dollar amount you are claiming
• If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).

What is Sovereign Immunity?

A government entity can deny your claim through sovereign immunity.”

Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness, or corruption.

Depending on the circumstances, suing the government can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.

What is the Typical Compensation for a Truck Accident in Stockton?

If you’re injured in a truck accident in Stockton, 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 at Maison Law to fully understand the value of your case.

Stockton Truck Accident Injury Settlements

Truck accident injuries are usually devastating, resulting in long-term medical care or permanent disability for some victims. However, some accidents may be minor and result in far less serious injuries. It is important to remember that the final settlement amount will largely be based on the severity of your injury. For example, if your injury requires surgery or results in permanent disability, then your settlement can be far more substantial due to the cost of medical treatment, missed time at work, and suffering.

Average injury settlements are as follows:

• Low settlements: Low settlements usually consist of minor accidents with little to no injuries. These could include back sprains and strains. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages. These tend to fall around $5,000 to $10,000.
• Moderate settlements: Moderate settlements apply to accidents with moderate injuries such as broken bones or soft tissue damage. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery. These tend to fall anywhere from $10,000 to $100,000.
• High settlements: High settlements involve severe injuries, resulting in long-term medical treatment or permanent disability. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.

Contact Maison Law | Stockton Truck Accident Lawyers

If you or a loved one has been injured in a truck accident in Stockton, you shouldn’t have to bear the financial burden of medical bills and other losses. At Maison Law, we are committed to helping you rebuild your life by getting you compensation for all of your current and future damages. There are no hidden fees for our services, and you will only be charged if we win your case. Get the legal help you need by contacting us for a free consultation and case evaluation.