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

When filing a truck accident lawsuit in Fresno, you must be aware of the California car accident laws that may impact your case. Truck accident cases generally fall under personal injury laws, but they can be complicated due to the involvement of multiple parties and different liable individuals and entities.

CA Statute of Limitations for Truck Accident Cases

The statute of limitations defines how long you have to file your lawsuit from the date of your injury. If you wait too long, you may jeopardize your ability to file, as the time period to file may have ended.

For Fresno truck accidents, you typically have two years from the date of the injury to file your lawsuit. This doesn’t mean that the case has to be resolved in two years, as most truck accident cases take much longer to complete.

CA Laws for Truck Drivers

There are specific laws that pertain to truck drivers in California. Here are a few laws that truck drivers need to keep in mind.

• Required to comply with the Federal Motor Carrier Safety Administration (FMCSA). California requires all truck drivers and trucking companies to comply with FMCSA guidelines. The FMCSA has the following requirements:
  • Mandatory truck driver logs. Under FMCSA rules, truck drivers must keep an electronic log of their trucking patterns. This means logging when and where they stop, as well as how often they take rest breaks.
  • Required inspections. Truck drivers must regularly inspect their trucks for worn parts and damage to prevent serious safety issues.
  • Limitations on hours. Truck drivers are not eligible to drive after being on duty for 80 hours in any given eight-day consecutive period. 
• Liable parties. In a truck accident claim in California, multiple parties could be liable. Here is a noncomprehensive list of potential liable parties:
  • truck drivers
  • trucking companies
  • truck mechanics
  • cargo loaders
  • truck manufacturers
  • government entities
• Damage caps. In California truck accident claims, there are no damage caps on what you can recover in terms of compensation, unless you’re intoxicated or uninsured. Uninsured drivers cannot recover pain and suffering damages, regardless of who is at fault. However, if the other driver is under the influence of alcohol or drugs, the uninsured driver can recover pain and suffering damages if they weren’t at fault.

Identifying Fault for Truck Accidents in CA

Determining fault in a truck accident is important because it determines legal responsibility for damages and injuries caused by the collision. The person who is at fault is generally liable for compensating the injured parties.

Typically, the evidence determines fault in a truck accident or any car or motorcycle accident. Evidence can include police reports, witness statements, expert testimony, black box data from the truck, photo and video images, driver logs and records and input from accident reconstruction experts.

California follows a pure comparative negligence model in truck accidents. This model mandates that the court determines each party’s negligence, and the recovery of damages is adjusted accordingly. If you are found to be 75% responsible for an accident, you are entitled to recover 25% in total damages. This system allows a party to recover damages no matter how much they are at fault, but the damage amount is reduced based on the percentage of fault.