It’s easy to think that truck accidents are just bigger car accidents, but that’s rarely the case. There are specific laws and regulations that apply to commercial trucks that can complicate these cases. That’s why it’s so important to hire an attorney who is experienced with truck accidents. Here are some of the basics of filing a truck accident lawsuit.
California Statute of Limitations
The statute of limitations is how long an injured person has to bring a lawsuit against the person or party that harmed them. There are often different statutes of limitations for different sorts of lawsuits. In California, the personal injury statute of limitations is two years from the time of the accident or one year from the date the injury was discovered.
The second part is an important protection that not all states offer; it means that if you discover three years down the line that a truck accident caused spinal damage, you may still be able to recover damages. Speak with your attorney to find out specifics for your case.
California Laws for Truck Drivers
- Compliance with FMCSA Regulations. The Federal Motor Carrier Safety Administration regulates interstate trucking in the United States. They have specific safety requirements, including limits on how many hours a driver can work.
- Valid Commercial Driver’s License (CDL). These licenses have stipulations and requirements above and beyond a standard driver’s license. A license holder must be at least 18 to operate within California and at least 21 to operate on interstates.
- Stricter impaired driving laws. Commercial drivers are required to keep their blood alcohol content (BAC) at 0.04 or below. This is half the limit that is imposed on non-commercial drivers.
- Vehicle inspection. Commercial drivers are required to inspect their vehicles for damage before, during, and after driving.
- Hours-of-Service restrictions. Interstate limit is 14 duty hours, with 11 hours driving. Intrastate duty period is 12 hours and they may drive the entire time.
Identifying Fault for a Truck Crash
California is an at-fault state, meaning that the amount of damages that can be recovered is reduced based on each individual’s amount of fault. For example, if someone is determined to be 10% at fault for an accident, the maximum amount they can recover is capped at 90% of the amount of damages.
In addition, California uses a pure comparative negligence standard. Some states do not allow you to collect damages if you were 51% or more responsible for the accident. In California, though, you can collect even if you were 99% responsible. Someone in this situation would only be able to collect up to 1% of damages, though.
The determination of fault in California can be complicated and is ultimately decided by a judge or jury. This is one of the reasons it’s vital to have a skilled attorney at your side; they can help you prove fault in court.
How Can An Attorney Help You?
A personal injury attorney can take a lot of stress off your plate and allow you the time you need to heal. Some of the things an attorney can help you with include:
- Negotiating with insurance companies on your behalf. Most personal injury cases settle before they ever make it to trial. Your attorney will know how to fight to ensure you get all the compensation you deserve.
- Investigating your accident. Attorneys will often work with investigators to uncover additional evidence supporting your claim.
- Putting together a coherent narrative. Your attorney can help piece together exactly what happened in the accident, including evidence of fault against the party that injured you.
- Answering questions. You’re probably going to have a lot of questions about the process, and your lawyer will be able to answer these for you.
- Filing a lawsuit. If you and your attorney decide that going to trial is your best option, they will be able to file the lawsuit and make sure you’re prepared.
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