Maison Law Accident & Injury Lawyers of Modesto advocate on behalf of produce truck accident victims. If you or a loved one has been injured in a produce truck accident in Modesto, our team of truck accident attorneys will exercise every legal avenue to get you the compensation you need. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.
Do I Need a Lawyer for a Produce Truck Accident in Modesto?
Seeking personal injury compensation from a produce truck accident is more complex than it seems. Produce trucks are typically owned by major grocery corporations such as Safe Way, Walmart, Whole Foods, or Vons. Grocer trucks will most likely have teams of lawyers backing them and insurance adjusters aiming to settle with accident victims for the lowest amount possible.
For these reasons, it is recommended to speak to an attorney if you’ve been injured in a produce truck accident before you agree to settle with the insurance company. These claims are complex, and oftentimes, insurance companies are hoping accident victims will be too overwhelmed to understand the value of their injury claim. An experienced accident attorney understands the value of a produce truck accident and will hold the insurance company responsible for the following:
- Medical bills
- Lost wages
- Loss of future earnings
- Pain and suffering
- Wrongful death damages
- Punitive damages
Common Causes of Produce Truck Accidents in Modesto
According to the Transportation Injury Mapping System, Modesto’s Stanislaus County had nearly 1500 accidents with serious injuries in 2021 with 22% of them occurring because a vehicle failed to give the right-of-way to another driver. This is an unfortunate statistic because these accidents could have been avoided, but knowing what causes your accident will be detrimental to your case. It tells a story of what happened and who was at fault for the incident. The most common causes of produce truck accidents in Modesto 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.
Who Can Be Held Liable for a Produce Truck Accident in Modesto?
Let’s say you’re driving late Saturday evening, going East on HWY 108 toward the State Theater. A produce van attempts to make a quick lane change to get in front of you, but hits the side of your vehicle, sending you over the curb and into the side of the building. Your trip to the movies has turned into an accident scene in a matter of seconds. Your airbags are deployed and the hood of your car is crumpled against a brick wall. Who is at fault?
In the case of a major grocer being involved in an accident, the corporation will most likely be liable for the actions of their truck drivers through vicarious liability, which is covered in California’s Respondeat Superior Law, which states:
“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 grocery truck distribution. The details of your accident will reveal who, or how many people will be held responsible for your damages. The 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
What is the Typical Compensation for a Produce Truck Accident in Modesto?
While produce truck accidents vary on a case-by-case basis, certain factors will largely determine the amount of compensation you can receive. These items can be calculated based on your economic damages and non-economic damages, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
The more severe your damages are, the more your compensation you will typically receive. However, for a more specific amount, a California accident attorney can help you understand the value of your case.
Contact a Produce Truck Accident Attorney in Modesto
If you or a loved one have suffered injuries due to the carelessness of a produce truck driver, the Maison Law Accident & Injury Lawyers of Modesto can help you obtain the compensation you need. We know how traumatic and overwhelming a trucking accident can be. Contact us today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.