Best Oakland, CA Truck Accident Lawyers Of 2024 – Forbes Advisor – Technologist

Not all accidents require a lawsuit to obtain fair compensation; in most cases, filing an insurance claim is enough to recover damages and move forward. However, truck accidents can be a different matter, often involving much larger damages. In these situations, a lawsuit may be necessary to secure the high compensation needed to fully cover your losses.

The guide below will walk you through essential topics, including the time limits for filing a truck accident lawsuit, the various laws California enforces on truck drivers and accident claims, how fault is assigned and how it impacts your compensation, and how a truck accident lawyer can help you navigate the claims process.

California Statute of Limitations for Truck Accident Cases

When you’re involved in an accident, the clock starts ticking on your right to seek civil justice, thanks to the statute of limitations—which is a legal rule that sets a limited time frame for filing a lawsuit. This deadline exists to protect individuals, businesses and the government from delayed or frivolous claims.

As time passes, memories fade and vital evidence may be lost, making it more difficult for courts to determine fault and ensure justice. A time limit on filing a lawsuit encourages prompt action from those seeking justice to ensure fairness for all involved.

For truck accidents in California, the statute of limitations is two years from the date of the accident. If a victim dies from their injuries, the deadline shifts to two years from the date of death.

You need only to file your lawsuit within this period, not resolve the case within two years. In some situations, the deadline may be extended or delayed, such as when the victim is a minor, the defendant is a government agency or the defendant leaves the state before being served.

An attorney can confirm how much time you have to file your claim and whether special circumstances apply to your case.

California Laws for Truck Drivers and Truck Accident Claims

Trucks are massive vehicles capable of causing significant damage in the event of an accident. To help prevent such accidents, California has enforced several laws and regulations that truck drivers must follow. Below, you’ll find an overview of the key laws governing truck drivers and a few important rules that affect truck accident lawsuits.

Commercial Driver’s License (CDL) Requirement

In California, anyone operating a commercial vehicle must obtain a CDL. A commercial vehicle is defined as one that weighs over 26,000 pounds, and these vehicles are divided into three categories:

• Class A. This category comprises the largest commercial vehicles, including semitrucks, flatbed trucks and tanker trucks.
• Class B. This category includes vehicles that are smaller than Class A vehicles, such as passenger buses, dump trucks and box trucks.
• Class C. This category includes vehicles such as passenger vans, hazardous materials trucks or tank vehicles, that are smaller than those in classes A and B but slightly bigger than a passenger vehicle.

Before applying for a Class A or Class B CDL, drivers must complete entry-level driver training (ELDT). Those seeking a Class C CDL must first obtain a commercial learner’s permit.

In addition, all CDL applicants are required to complete at least 15 hours of behind-the-wheel training.

Insurance Requirements for Commercial Truck Drivers

The type of insurance commercial truck drivers must carry depends on the type of freight being transported. If the truck operates solely within California and weighs over 10,000 pounds gross vehicle weight (GVW), it must have an intrastate identification number, along with the appropriate liability insurance based on the freight type.

Commercial Truck Insurance Requirements by Freight Type

Hours-of-Service Regulations

Truck drivers must follow strict federal regulations that dictate how many hours they can drive and when they must take breaks. These rules differ slightly between interstate and intrastate travel.

For example, under interstate hours of service rules, drivers are required to take a 30-minute break after driving for eight consecutive hours. However, intrastate hours of service rules within California do not mandate this 30-minute break. These regulations are in place to prevent driver fatigue, thereby reducing the risk of accidents caused by tired driving.

Damage Caps

When you sue the at-fault driver or another party for compensation, you may receive compensatory damages aimed at restoring your life to what it was before the accident. These damages are split into two categories:

• Economic damages. These cover easily quantifiable losses such as medical expenses, lost wages, and property repair costs.
• Noneconomic damages. These compensate for harder-to-measure losses such as pain and suffering, emotional distress and loss of quality of life.

In rare cases, where the defendant’s actions show a conscious disregard for your safety—beyond general negligence—the court may award punitive damages. These damages are meant to punish the defendant and deter similar behavior in the future.

While some states place limits or caps on how much you can recover in compensatory or punitive damages, California doesn’t impose such caps in truck accident lawsuits. This means you can seek full compensation for both types of damages, depending on the specifics of your case.

Identifying Fault for Truck Accidents in California

California operates under an at fault system, meaning the person responsible for the accident must make recompense for the victim’s physical injuries, emotional distress and property damage.

If you’re involved in a truck accident that’s not your fault, you can file a claim through the truck driver’s insurance. In some cases, you may also be able to sue other parties, such as the truck driver’s employer, the company responsible for manufacturing or maintaining the truck or even a government agency, depending on what type of negligence caused the crash.

If your losses exceed the liable party’s insurance policy limits, you have the option to sue the truck driver or other responsible parties directly.

In situations where fault is shared between both parties, California follows the pure comparative negligence doctrine. Under this rule, the amount you can recover is reduced by the percentage of fault assigned to you.

For instance, if a semitruck driver runs a red light and hits you, but you were speeding, and you sustained $200,000 in damages, the court may find you 10% at fault and the truck driver 90% at fault. As a result, your compensation would be reduced by 10%, allowing you to recover a maximum of $180,000 in the semitruck lawsuit.