Being in an accident involving a truck can be devastating, and may result in a litany of serious, if not fatal, injuries. According to a 2011 report generated by the California Highway Patrol, there were more than 5,100 accidents involving injuries, and nearly 250 that resulted in death. Most of these accidents in California however, they primarily stem from driver negligence. Meaning, they typically arise due to the fault of the truck driver, and could range anywhere from distracted driving to poor maneuvering in traffic. In the event that you or a loved one has been injured in an accident, it is crucial to know your rights and, the laws that apply to your case. Consider the following primer on California accident laws:
An Overview of California’s Accident Laws
If you have been injured in a trucking accident in California due to a truck driver’s negligence, you may be entitled to damages to compensate you for the following:
- Medical bills to treat your injuries
- The expenses associated with having to hire someone to help you complete household chores and other tasks
- Pain and suffering
- The costs associated with repairing your vehicle
- Lost wages
- Emotional trauma
- Long term disability
- Maiming or Disfigurement
In the event that someone was killed in a truck related crash, the State of California allows family members to sue the responsible party in a wrongful death action. Whether a trucking accident case involves injuries or death, California law requires victims or family members to prove driver negligence. This is accomplished by showing that the truck driver who caused one’s injuries breached his or her duty to exercise reasonable case and caution while driving, that there is a significant nexus between the party’s breach of duty and the cause of a person’s injuries, and that the person suffered damages, including financial loss, due to the trucking accident. In the event that an individual is found partially responsible for the trucking accident, one’s damage award may be reduced.
Additionally, California law limits the timeframe in which a trucking accident can be brought. Specifically, the statute of limitations, or legal timeframe, for filing a truck related law suit is two years from the date of the crash. If a person is unable to reach a settlement with the responsible party, they should strongly consider filing a lawsuit before the limitations period runs out. If you don’t file a suit within the 2 years, you may not be able to recover for your injuries.
For parties that seek to file a lawsuit, the State of California requires truck injury claims worth more than $7,500 to be brought in the appropriate Superior Court located within the individual’s jurisdiction. If a trucking accident claim is worth less than $7,500, then a party must file their lawsuit in the Small Claims Court of their jurisdiction.
Were You Injured in a Trucking Accident? Contact the Skolnick Law Group Now!
In order to learn more about the laws governing trucking accidents in California, it is highly recommended that you consult with an attorney experienced in handling these types of accidents. At the Skolnick Law Group we will advise you of all your legal options and, help maximize your chances of recovering the money you deserve for your injuries. We serve clients in Carlsbad, Encinitas, Vista, Oceanside, San Marcos and throughout North County San Diego. Contact us today at (760) 405-4397, or, feel free to visit us online to schedule your free and completely confidential initial consultation. We have evening and weekend appointments available, and will also visit you at home in the event you can’t come to us. We look forward to providing you with superior legal representation.