Best Truck Accident Lawyers Sacramento, CA Of 2024 – Forbes Advisor – Technologist
According to recent truck accident statistics, California is one of the most dangerous states for fatal truck accidents. When the worst happens, and you or a loved one suffers injuries in a crash with a truck in Sacramento, knowing the laws impacting your case is essential.
California Statute of Limitations for Truck Accident Cases
The statute of limitations sets a strict deadline for filing a semitruck accident lawsuit in California. You risk losing your right to pursue compensation for your injuries and damages if you file a lawsuit after the deadline.
Under California law, you generally have two years from the accident date to file a personal injury lawsuit. However, specific situations, such as the defendant being a government entity or employee, can severely shorten the time for filing a claim. On the flip side, the statute may be paused in rare instances, such as when the plaintiff (the person bringing the suit) is a minor or incapacitated.
California Laws for Truck Drivers
Knowing the relevant California laws applying to truck accident cases can be crucial when you’re looking for justice and compensation after a crash.
- No damage caps. California does not impose damage caps on truck accident claims, including pain and suffering, meaning victims can recover the full extent of their damages.
- Truck minimum insurance requirements. California insurance law requires commercial vehicles to carry a minimum of $750,000 in liability insurance, with higher limits for oil tankers and vehicles transporting other hazardous materials.
- Hours of service regulations. Truck drivers in California must adhere to strict federal and state hours of service regulations determining their driving hours and mandating rest periods.
- Trucking company liability. California follows a respondeat superior doctrine, meaning employers, such as trucking companies, may be held liable for the negligent actions of their employees. In an at-fault accident, victims could sue both the responsible driver and their employer.
Identifying Fault for Truck Accidents in California
Truck accidents are usually more complex than car accidents, as multiple parties could share fault for the crash. For example, the truck driver, the trucking company, a repair or maintenance shop or even the truck’s manufacturer could all be responsible for an accident. Determining fault typically involves extensive investigations and assessing evidence, such as driver logs, maintenance records and police reports.
In California, under the pure comparative negligence system, you can recover damages even if you are partially at fault for the crash. However, your compensation will be reduced by your percentage of fault. For example, if you are 20% responsible for the accident, you can recover only 80% of your damages.