Winning Santa Rosa Truck Accidents Attorney With Decades Of Experience

Have You Been Involved in a Truck Accident?

Santa RosaSanta Rosa Truck Accidents Lawyer is an incredible place to call home and a wonderful place to visit. Located just 55 miles north of San Francisco, Santa Rosa’s mild climate, beautiful open vineyards, and sandy Sonoma beaches make it an ideal place to be. And in addition to all of that, we boast the best wineries, breweries, and distilleries in the county. Santa Rosa is a hub for all that Sonoma County has to offer.

And Sonoma County, along with the rest of our world today often seems as if it is in constant motion. In this constantly moving world, many of us find ourselves on busy roadways every day – often multiple times a day. When we share the road, especially in today’s world of constantly moving commerce, we share it not just with other cars, but often with huge semi-trucks and eighteen-wheelers. If you’ve ever seen one of these vehicles involved in an accident, you know that they’re extremely powerful and capable of causing significant damage if involved in an accident. Unfortunately, accidents involving large trucks occur with surprising frequency and cause thousands of injuries and deaths across the country every year.

Do you live in the Santa Rosa area? Have you, or has someone you love, been involved in an accident with a truck? If so, you may have suffered devastating consequences, and you should know that you are not alone. Large trucks can weigh as much as thirty times as much as a car. As a result, a collision can have significant consequences and cause lasting damage. If you or a loved one have been the victim of such an accident, you have rights and you should assert them. Don’t let another day go by without taking the necessary steps toward obtaining the compensation you deserve. At Henderson Law, our proven Santa Rosa truck accidents attorney is ready to help you do exactly that.

Truck Driver Negligence

In many truck accident situations, those accidents are caused by truck driver negligence. Driver negligence can result from, several factors, including:

  •  Illegal drug usage by the driver (often to stay awake while driving);
  •  Drunk driving;
  •  Driver fatigue (commonly caused by demanding schedules that leave little time for rest);
  •  Inadequate vehicle maintenance;
  •  Failure to properly store and contain cargo;
  •  Improper driver training;
  •  Failure to follow speed limits and other road rules;
  •  Using medications that impair judgment and/or reaction time while driving;
  •  And more.

What Is Negligence, Exactly?

If you have been injured in a trucking accident, the word “negligence” is soon to become prominent in your life. Negligence, or fault, must be proven to recover for injuries sustained in a truck accident. So what does it take to prove negligence for your personal injury case?

You must be able to establish the following elements:

  • Duty – that the defendant owed you a duty to either act or refrain from acting;
  • Breach of Duty – that the defendant failed in their duty. This failure to perform is referred to as a breach of duty;
  • Causation – that the defendant’s breach of duty resulted in injuries to the plaintiff;
  • Damages – that the plaintiff suffered actual damages as a result.

A man driving on a prone to accident highway in Santa Rosa.These are the basic elements that must be proven to win a personal injury claim. But let’s dive just a bit deeper. What exactly is a duty? Under California law, people often owe one another a duty of care. What duties are owed are largely circumstantial. For instance, a doctor has a specialized duty of care to their patients due to the professional nature of his job. However, there are more generic duties of care that we owe one another in society. One such duty is to obey traffic laws while driving to put fellow drivers and passengers on the road in as little danger as possible.

But given this definition, how would we (or a judge or jury) determine if someone was negligent in their actions? Well, disobeying traffic laws would be an obvious breach of duty. But there is another standard that is often used, and that is the “reasonableness” standard. California law states that negligence is the failure to use reasonable care to prevent harm to oneself or others. So an essential determination that a jury (or trier of fact) must make is: What would a reasonably careful person do in the same, or similar, circumstances?

In other words, would a reasonably careful person have acted, or refrained from acting, in the way that the defendant did in the specific circumstances of a particular case?

A thorough investigation will help to determine the answer to these questions. It will help determine who may be at fault for the accident, and you may be able to pursue an injury lawsuit against one or more parties. This includes not only the truck driver but his or her employer and/or insurance company as well. At Henderson Law, our skilled Santa Rosa truck accident attorney will listen to your circumstances and provide our professional opinion as to the parties at fault and the recovery that may be possible.

The consequences of driver negligence can, unfortunately, be devastating and sometimes deadly. If you or a loved one have been the victim of such an accident, you need to take action decisively and quickly. Don’t risk missing out on damages that you may be entitled to.

What Compensation Am I Entitled To?

If you are the victim of a trucking accident, you may be entitled to damages on several different grounds. Here at Henderson Law, our Santa Rosa truck accident lawyer will fight on your behalf. Compensation in truck accident cases may include the following:

  •  Medical expenses;
  •  Estimated future medical costs;
  •  Occupational and/or physical therapy;
  •  Loss of consortium;
  •  Lost wages, or lost future earnings;
  •  Pain and suffering;
  •  Damages for permanent disability or disfigurement;
  •  Wrongful death;
  •  And more.

At Henderson Law, we can assist you in determining as to who was at fault in the accident and what type of law may apply. Depending on the details of the accident, state law may apply. However, federal law will apply if the truck is involved in interstate commerce. We understand both the California laws and regulations as well as federal laws that may apply to your situation. We can help you to craft the most effective legal strategy, to argue for the recovery of maximum compensation on your behalf.

Immediate Actions and Legal Considerations

A truck driver that is about to get into an accident in Santa Rosa.The steps after a truck accident are vital for your safety, health, and future legal claim. Here is what you should do immediately following an accident with a large truck in Santa Rosa:

  1. Check for injuries and call for emergency services. Assess your condition and that of any passengers in your vehicle. Call 911 right away, especially if there are any injuries or significant vehicle damage.
  2. Move to safety. If possible, move your vehicle to a safe location away from traffic to prevent additional accidents.
  3. Exchange information with all parties. Obtain the truck driver’s name, contact information, insurance details, and the trucking company’s name.
  4. Document the scene. Take photos of the accident scene, including vehicle positions, damages, and any relevant road signs or conditions. Look for skid marks or any debris left behind. This visual evidence can be crucial for your claim.
  5. Look for witnesses. If there are witnesses, get their contact information. Their statements can support your account of the accident.
  6. Avoid discussing fault. Be cautious about what you say to the police or any other parties at the accident scene. You don’t want something you say to be misconstrued where it looks like you’re admitting fault.
  7. Seek medical attention. If you are not transported to the hospital from the accident scene, visit a doctor as soon as possible. Some injuries may not be immediately apparent.
  8. Report the accident. Notify your insurance company about the accident right away. Your insurance company will let you know whether you need to set up a claim with the truck driver’s insurance or whether they will handle it.

Consider contacting a Santa Rosa truck accident lawyer early on. The truck driver’s insurance company or employer will try to dissuade you. However, the sooner you contact us, the sooner we can protect your rights. Let us review your case and provide guidance on your rights and the best course of legal action.

Legal Considerations in Truck Accident Cases

Understanding the legal landscape is vital when dealing with the aftermath of a truck accident in Santa Rosa. It goes beyond just proving negligence against the other driver. Here are some fundamental legal considerations to keep in mind:

  • Statute of limitations. In California, you generally have two years to file a personal injury lawsuit from the accident date. Failing to act within this timeframe can bar you from seeking compensation. Courts are not very forgiving when someone misses the deadline.
  • Investigate all avenues of recovery. A thorough investigation can reveal multiple potential sources of liability, including the truck driver, trucking company, vehicle manufacturer, or maintenance provider. Identifying all responsible parties is crucial for maximizing your compensation, especially in cases involving catastrophic injuries.
  • Explore federal and state regulations. Truck drivers and trucking companies are subject to stringent federal and state regulations, such as hours of service limits and maintenance standards. Violations of these regulations can be crucial in establishing liability in a truck accident case.
  • Recognize how a truck accident attorney can help. An experienced truck accident lawyer at Henderson Law will not only investigate the case; we will handle negotiations and all communication with the other parties and prepare your case for litigation if settlement negotiations break down.

Truck accident claims are notoriously complex, which is why we suggest hiring a lawyer. Trying to handle your claim independently could jeopardize your case and lower your compensation.

Why Henderson Law?

An injured man talking to his lawyer after a truck accident in Santa Rosa.Our winning Santa Rosa truck accidents lawyer, Michael Henderson, has decades of knowledge and experience in the courtroom. He understands the complex law surrounding trucking accidents and the best strategies to pursue to obtain results. Michael Henderson has dedicated his practice and career to helping victims like you. He prides himself on helping clients recover from devastating losses and helping them to obtain the compensation they deserve to move on with the process of rebuilding their lives.

If you live in the Santa Rosa area and you have been the victim of a trucking accident, Henderson Law wants to put that knowledge and experience to work for you. Our experienced legal practitioner also handles other types of injury cases, including:

Call us today to schedule your consultation. We would welcome the opportunity to hear your story and to learn how we might be able to help. We look forward to speaking with you soon.