California Truck and Trucking Accidents
If you were injured in a truck accident in California that was someone else's fault, you may be entitled to money to pay for:
- Past, present, and future medical bills for treatment related to your California truck-accident injuries
- The cost of hiring someone to do household chores you're unable to do because of your injury
- Permanent disability and disfigurement from the California truck crash
- Emotional distress from the California truck accident
- The repair or replacement of your motor vehicle and any property damaged or destroyed in the California truck accident accident
- Lost wages for time off from work (including time spent going to medical appointments) as a result of your trucking accident
- Any other costs you've incurred because of the accident
If anyone was killed in the truck crash or if either driver was intoxicated, the State of California will prosecute the driver at fault and/or the intoxicated driver. However, you may still have to file a truck accident personal injury lawsuit in California courts against the party responsible for the accident to recover money to pay for your injury-related expenses. The responsible party or parties may include the truck's driver, his or her employer, or even the truck or trailer manufacturer.
Whether you live in San Jose, Fresno, Long Beach, Anaheim, or elsewhere in California, your California trucking accident attorney can advise you on your specific legal options and help you get the money to which you're entitled.
How Is Fault Determined in California Truck Accident Cases?
To collect money stemming from California truck crash injury claim, California law requires you to prove that the other driver was negligent. You must show:
- The party responsible for your injuries had a duty not to injure you and failed to live up to that duty
- There is a connection between the other party's responsibility and your injury
- You suffered damages, or a financial loss, as a result of the accident
California law will reduce the total amount you can recover if it's found that your carelessness contributed to your truck accident injuries.
How Long Do You Have to File a Truck Crash Injury Claim in California?
California law gives you two years from the date of your California truck accident to file a claim against the party responsible for the crash. (This time limit is known as the statute of limitations.)
If you and your California truck accident lawyer are unable to negotiate a settlement with the responsible party (or the party's insurance company), you should consider filing a lawsuit before the statute of limitations runs out. If you do not file a lawsuit within two years, you will give up your right to sue the party responsible for your injuries.
Where Should You File a California Trucking Accident Lawsuit?
For California truck crash injury claims worth more than $7,500, you would file your lawsuit in the appropriate California Superior Court.
If your California trucking accident claim is for less than $7,500, you would file your personal injury lawsuit in the California Small Claims Court that has jurisdiction.
Your California trucking accident lawyer can tell you which specific court is the appropriate court to resolve your dispute.
Additional California Truck Accident Resources
Lawyers.com trucking accidents information