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Nobody wishes to be hit by a vehicle, let alone a massive commercial truck. If you are hit by one, you may have the right to pursue compensation for your injuries. It’s important to be aware of certain legal limitations that may apply to your situation. Learning about and understanding your legal rights can help you make informed decisions.
Commercial vehicles, from delivery trucks to the colossal 18-wheelers, are much heavier compared to most cars you travel with on California roads. That’s why accidents involving them often lead to serious injuries. Unfortunately, it’s also not uncommon to hear tragic news of deaths involving innocent motorists and pedestrians caused by these road giants. In fact, the National Safety Council (NSC) reported 436 truck-related fatalities in 2022 in the Golden State alone.
For something so devastating, what could victims do to protect their future? California law grants any person injured in a truck accident specific rights to aid in their recovery, including the right to file a claim and seek compensation for damages. A personal injury lawyer by your side can help protect your rights.
What Are My Legal Rights After Being Injured In A Commercial Truck Accident?
Here are your legal rights as a commercial truck accident victim:
Right To Medical Treatment
Truck accident victims tend to sustain more catastrophic injuries than other traffic accident victims. Whether you suffer from whiplash, head trauma, lacerations, or brain and spinal cord injuries, you may have the right to appropriate medical treatment regardless of its severity. It is advisable to get medical help after an accident to support your health and safety. Additionally, a full assessment may also be helpful for future reference or documentation. Medical reports documenting your injuries can be used as evidence once you claim damages or sue the negligent party.
Right To Seek Fair Compensation
If another party’s negligence caused your injuries, you may be entitled to seek compensation from them. You can file a claim against their insurance company to pursue damages you have incurred. The state generally allows undocumented immigrants to file a personal injury claim.
Your right to pursue a fair settlement includes coverage for both economic and non-economic damages. Economic damages cover medical bills, lost wages, and other out-of-pocket expenses, while non-economic damages compensate you for intangible losses, such as pain and suffering.
Right To Legal Representation
Although not required, the law allows you to hire a commercial vehicle accident lawyer to represent you and advocate for your rights and interests. Hiring an attorney can help you navigate negotiations or court proceedings effectively. Your truck accident attorney will manage interactions with all parties involved, protect your rights, and pursue financial recovery.
Having an injury lawyer also helps prevent costly mistakes that could jeopardize your truck accident claim. Insurers may offer settlements that do not reflect the full extent of your losses and operate in a way that might encourage you to settle quickly. They may ask questions that are more beneficial to them than to you. With a personal injury attorney, you’re better protected from these practices.
Right To File A Lawsuit
If you can’t reach a fair resolution with the insurance company, you may sue the party who caused your injuries. Filing a lawsuit means your case goes to court, where a judge or jury determines responsibility and any potential compensation.
Right To Establish Negligence
Once you decide to take legal action in a commercial truck accident case, it’s crucial to demonstrate that the other party was negligent. Doing so involves showing they failed to take reasonable care and that their actions or inactions directly led to your injuries.
While seemingly daunting, this step is crucial because it determines whether you are eligible for compensation for your damages.
Right To Safeguard Evidence
Of course, the process of proving negligence includes gathering crucial evidence. As a commercial truck accident victim, you also have the right to access, gather, and preserve whatever evidence you deem necessary for your claim. This includes, but is not limited to, the following:
- Police accident reports
- Medical records
- Eyewitness testimonies
- Dashcam footage
- CCTV videos
- Black box data
- Phone records
- Driver’s logs
It’s normal to feel overwhelmed with this extensive list, especially when you’re busy recovering. Personal injury attorneys can help preserve and protect evidence relevant to your case.
Right To Privacy
Keeping your personal information confidential throughout the legal process is paramount. Fortunately, since your truck accident injury attorney is responsible for handling any sensitive information, they can only share what is needed at a given moment.
Right To Punitive Damages
In addition to economic and non-economic damages, you may qualify for punitive damages if your case involves gross negligence or intentional misconduct. Unlike compensatory damages, punitive damages are designed to punish the wrongdoer and deter similar future behavior rather than to compensate for your losses. However, it’s important to note that punitive damages are rarely awarded in California.
Can You Refuse A Settlement Offer?
You have the right to refuse any settlement offer from the negligent party at any stage of the claims process. By refusing, you can continue negotiating or going to court.
Remember, acceptance is final. Once you accept an offer, you cannot file another claim for additional compensation, even if you discover the initial amount doesn’t cover all your expenses.
You can consult a trucking accident attorney to help protect your interests. They can provide a more accurate estimate of your claim’s value, thereby giving you better metrics when accepting or rejecting offers.
It is advisable to consult your personal injury lawyers for guidance regarding your case. They can give you professional opinions that’ll help you make informed decisions. Ultimately, however, the final choice is yours to make.
California Laws And Regulations Regarding Commercial Truck Accidents
Now that you’re well-informed of your rights, here are some pertinent laws and regulations to know, all of which could affect your commercial truck accident case:
Statute Of Limitations
California’s statute of limitations generally provides accident victims with two years from the accident date to file a claim against the liable party. However, victims only have six months to act if the liable party is a government entity. Additional exceptions to the rule are as follows:
- Underage victims can wait until they turn 18 to file a claim. Once they reach the legal age, the statute of limitations will begin to run.
- The same “tolling” or pausing of the deadline is applicable for mentally incapacitated victims.
Missing the deadline could result in losing your right to pursue compensation. That’s why starting the legal process promptly is crucial. It is advisable to hire a commercial truck accident lawyer who can guide you through the process and assist in submitting all legal paperwork on time.
Comparative Negligence
California is a “pure comparative negligence” state. This rule means that if the victim is partly to blame, their compensation would be reduced according to their degree of fault. For example, if the victim is 15% liable, their final settlement amount may be reduced by 15%.
Minimum Insurance Requirements
All drivers in the Golden State must carry the minimum liability insurance coverage. Per the Department of Motor Vehicles (DMV), the minimum requirements are:
- $15,000 for injury/death to one person.
- $30,000 for injury/death to more than one person.
- $5,000 for property damage.
Uninsured/Underinsured Motorist Coverage
The state also mandates that all auto insurance policies include underinsured or uninsured motorist coverage. The policyholder can sign a waiver to decline this coverage, but UI/UM insurance can help if the person who is responsible for compensating you doesn’t have insurance or doesn’t have enough insurance.
What To Do After A Commercial Truck Accident In California?
Knowing what to do if you are hit by a commercial truck helps protect your safety and well-being. Furthermore, it can also put you in a better position if you choose to pursue legal action.
Here are the steps you can take after a commercial truck accident:
- Try to stay calm. Assess the situation and check yourself for any injuries. Call 911 as soon as possible.
- If it is safe to do so, move to a secure location by the side of the road, but do not leave the scene.
- Get medical attention as soon as the paramedics arrive. You might feel fine initially, but it could be the adrenaline masking the pain. Sometimes, external wounds might seem minor, but some internal injuries require immediate attention.
- If your injuries are severe, let the paramedics take you to the hospital. Your health is your priority.
- Otherwise, start gathering evidence. Document the accident scene and your injuries in photos and videos. Take close-ups from different angles and pictures from a distance. Also, photograph other information that could be relevant later on, such as traffic signs, skid marks, your position in traffic, and weather conditions.
- Get witnesses’ contacts. You might need their testimony at a later date.
- Exchange information with the commercial truck driver and other parties involved. Get their driver’s license numbers, contact information, and insurance details. Write down the trucking company they work for, license plate numbers, and other identifiers.
- In California, involved parties must report accidents to the DMV within ten days. Notify your insurance company of the accident within 24 hours.
- Consult an injury attorney. They can evaluate your claim and help you understand your legal options.
Who Is Liable In A Commercial Truck Accident?
As an injured victim of a commercial truck collision, it’s also essential to know the possible parties you could hold liable for the accident. You may file a claim against them and pursue compensation for your injuries and related losses.
The type of truck accident will partly determine the liable parties, which could include:
- Commercial Truck Drivers — The truck driver could be liable for your injuries if their recklessness contributed to the accident. For example, they may have gone over the speed limit, drunk alcohol before or while driving, or used a smartphone while operating the truck.
- Trucking Companies — These companies can be held accountable for your damages if they fail to train, supervise, or maintain their fleet properly. They may also share responsibility if they pressure drivers into violating safety regulations.
- Truck Owners — If the truck owner is different from the driver, they may also share liability, especially if auto defects caused by poor maintenance led to the accident.
- Cargo Loaders — Unsafe and unsecured cargo loads are among the common causes of commercial truck accidents. Whoever is responsible for loading them can be held liable.
- Truck/Vehicle Parts Manufacturer — If the truck’s faulty design or part is responsible for causing the crash, victims can file a product liability claim against the manufacturer.
- Other Motorists — Some truck accidents are caused by cars. The recklessness of other motorists could also contribute to a collision. In these cases, you can file a claim against them.
- Government Entities — If the accident is partly caused by poor road conditions, lack of signage, defective traffic lights, and other factors that fall under the government’s responsibility, they could share some of the liability.
Why Hire Arash Law’s Truck Accident Lawyers?
If you’re injured in an accident, you might wonder how to find the right accident attorney for your case. One of our experienced injury lawyers will do much more than simply represent you.
Here is what our commercial vehicle accident lawyers at Arash Law can assist you with:
- They can explain your rights in full detail.
- They are knowledgeable of the federal and local truck regulations and laws.
- They can help you file a claim within the statute of limitations.
- They will launch a private investigation into your accident, collecting information, evidence, and witness statements to bolster your side of the story.
- They can gather evidence to support a negligence claim and give you an accurate estimation of your losses.
- They will handle all negotiations between you, the negligent parties, and the insurance companies involved.
- They understand how comparative fault laws work and can help apply them correctly to your specific case.
- They can initiate a lawsuit if all parties do not reach an agreement at the negotiation table.
- They will guide you and keep you up-to-date with developments throughout the claims process.
Consult Our Commercial Truck Accident Lawyers
Following a commercial truck accident, or any accident for that matter, knowing your legal rights is essential. This knowledge can help you make informed decisions when filing a personal injury case. If you are unsure about what to do next or what you may be entitled to under California law, our personal injury lawyers are available to provide legal guidance. We will assess your situation, advise you on the validity of your claim, and discuss all possible courses of action you can take.
Our injury lawyers can help calculate the potential compensation that may be available to you from the liable party, advocating for your commercial truck accident settlement.
Although we can’t undo the trauma and injuries you sustained, we will pursue a resolution that can help cover your ongoing and future losses. Our injury attorneys in California will do all the legwork, including communicating with the other parties on your behalf, so that you can focus on your recovery. If you want to file a lawsuit, our commercial vehicle attorneys can represent you and work to present a compelling case before a judge or jury.
At Arash Law, we will guide you throughout the process from start to finish. In addition, we have a team of car accident attorneys who handle a wide range of cases, including Lyft and Uber collisions, hit-and-run incidents, motorcycle crashes, DUI accidents, wrongful deaths, and others.
We cater to injured victims across the Golden State on a contingency basis, so you don’t have to worry about upfront attorney’s fees when hiring our lawyers. Please note that you may still need to cover certain court costs or additional case-related expenses regardless of the outcome. Our lawyers will explain our fee arrangement and answer any questions you may have during a free initial consultation.
Start your legal journey with us and understand your rights with the help of our experienced injury attorneys. Contact us at (888) 488-1391 for a free case review.
