A truck accident is a sudden and violent event that changes your life. Pursuing compensation for your truck accident damages requires quick action due to strict laws regarding the California statute of limitations.
A truck accident lawyer can help you through the legal process by representing you in your civil case. If you suffered severe harm due to a negligent truck driver, consider contacting a California truck accident lawyer as soon as possible.
California Statute of Limitations
The California statute of limitations for filing a truck accident lawsuit is two years, and many civil cases settle without ever seeing the inside of a courtroom. However, you may need to file a lawsuit to protect your interests if negotiations with an insurance company do not succeed.
A truck accident lawyer starts the pursuit of compensation by negotiating with an insurance company. Unfortunately, the insurance company representing the trucking company involved in your crash generally does not want the time and expense of a trial.
The negotiation process is vital because it is a case of what the insurance company wants to pay versus what accident victims deserve. If your lawyer decides that negotiations are going nowhere, they may choose to proceed to court.
Before you can go to trial, you must file your case before the statute of limitations expires. Twenty-four months sounds like a long time to file your case. However, this period starts at the moment of injury, and missing the deadline can result in the court dismissing your case.
The same is true of cases involving wrongful death. The time for filing a wrongful death lawsuit begins when your loved one dies. Whether it is a personal injury or wrongful death case, it is a very emotional time. Taking swift legal action by hiring a lawyer can ease your stress as you heal or mourn your loss.
Two years is the amount of time allowed for pursuing your civil case. Why you need to fight for fair compensation and how to fight is where a California truck accident lawyer can help you.
Your California Truck Accident Injuries
A California truck accident can leave victims with severe and catastrophic injuries. A fully-loaded tractor-trailer can weigh as much as 80,000 pounds. This weight, combined with an inability to stop quickly, places those in passenger cars or on a motorcycle at risk of serious harm.
Severe truck accident injuries can profoundly affect your quality of life.
Examples of such tragic injuries are:
- Spinal cord damage: The spinal cord communicates with the brain regarding movement and sensation.
- Brain injury: This type of injury disrupts normal brain function, affecting balance, cognitive skills, etc.
- Broken bones: Multiple broken bones and the type of break can affect recovery time.
- Internal bleeding: If left undetected, internal bleeding can harm organs and result in death.
- Burns: A tanker truck carrying hazardous material can cause a fire, leaving victims with physical and emotional scars.
These are just a few examples of severe injuries in a truck accident. Some accident fictions suffer more than one serious injury. The high cost of medical care makes your mounting medical bills daunting. Returning to your job may become impossible, placing you in a financial bind.
Paying for your medical care now and protecting any future medical care needs is why fighting for fair settlement matters.
Your pursuit of compensation is not one that you can do over should you:
- Accept less than you deserve now
- Need additional funds for your medical care later
The truck company responsible for your accident should pay for your damages. Your medical costs should not come from your funds when your accident resulted from truck driver negligence.
A California truck accident lawyer can help you pursue the best outcome possible. First, however, you must reach out to one for a free case consultation as soon as possible.
Common Types of Negligence Along California Highways
Truck drivers spend long hours behind the wheel, either delivering or picking up items. Unfortunately, the pressure to reach their destination promptly can cause truck drivers to take risks that place other drivers at risk for harm.
Despite oversight by the Federal Motor Carrier Safety Administration (FMCSA), truck accidents still occur due to the following behaviors and actions of commercial truck drivers:
- Distraction: A FMCSA and the National Highway Safety Transportation Administration (NHTSA) study estimated 11,000 truck crashes nationwide due to distractions external to the cab.
- Drowsiness: According to the Sleep Foundation, sleep deprivation leads to a mental impairment similar to drunkenness.
- Speeding: The number of truck drivers speeding 15 miles per hour above the speed limit is on the rise, according to recent data.
- Alcohol or drug use: Commercial truck drivers face a lower blood alcohol concentration (BAC) standard than other drivers. The California BAC level for most drivers is 0.08 percent or higher, while commercial truck drivers face a threshold of 0.04 percent or higher.
This is not a complete list of the types of negligence possible in a California truck accident. If you or a close loved one suffered severe harm due to one or more types of negligence, a truck accident lawyer could help you. A careful review of your evidence and information can help them start building a strong compensation case.
It is generally impossible to escape the path of an out-of-control tractor-trailer. The negligence of the responsible driver is unacceptable, and you deserve to fight for compensation, regardless of whether the driver faces criminal charges.
Common Types of Truck Accident Damages
A truck accident can leave you with a variety of significant damages. In addition to your physical harm, your inability to work and emotional trauma can leave you feeling depressed or anxious.
A settlement offer check from an insurance adjuster may seem like a quick fix to your circumstances. However, the unfair harm you suffered deserves fair and just compensation.
The following list contains a few examples of the types of damages common in a truck accident claim:
- Medical costs, such as hospital and doctors’ fees, along with medical transport costs
- Continuous medical expenses, such as rehabilitation or therapy
- Lost earnings from time spent in the hospital or at home recovering
- Loss of future earnings if you are unable to return to the same job as before the accident
- Pain and suffering for the negative impact of the crash on your quality of life
You can help your lawyer with your case by providing them with as much information as possible. For example, copies of your medical records detailing your injuries and bills related to the cost of your care are critical for your case.
A California truck accident lawyer will treat you with care and compassion as you navigate the legal process. No question is too silly as you work together to secure the best possible outcome of your case.
Your lawyer’s approach with insurance companies is assertive and aggressive. Insurance companies seek to pay as little as possible or deny your claim. A truck accident lawyer will stand firm and fight for what is right.
Fatal California Truck Accidents and Wrongful Death Cases
A fatal truck accident is a heartbreaking experience for you and your family. The death of a close loved one forever changes your life and can cause you financial stress. While compensation can never replace your loved one, it can ease your financial burden.
Like personal injury cases, Wrongful death cases have a two-year limit under the statute of limitations. If your loved one lingered in a hospital or trauma center before dying from their injuries, the time of death is the official start of the two years.
Two years seems like a long time. However, when your world changes so drastically, two years can pass in a blur. A wrongful death lawyer can work to ensure your case meets all court requirements on time.
Filing your lawsuit within the statute of limitations is imperative for not missing your chance for a trial. If negotiations with an insurance company are unsuccessful, your lawyer may want to proceed to court.
A lawsuit filed within the required deadline serves as protection if negotiations fail. If you miss the deadline for filing your civil lawsuit, you generally have no further legal options for pursuing compensation.
Compensation possible in a wrongful death case includes:
- Final medical expenses for your loved one
- Funeral, burial, or cremation costs
- Loss of income if your loved one provided financially
- Loss of future income possible, had your loved one survived
- Loss of companionship from your loved one
- Loss of inheritance for surviving children
Your lawyer can determine the best course of action for your case. No one personal injury or wrongful death case is alike. The details specific to your truck accident and damages are at the core of proving negligence and fighting for a fair outcome.
Why You Should Never Settle for Less Than You Deserve?
The trucking industry sometimes retains powerful attorneys and hires large insurance companies to protect their best interests. You, too, can protect your best interests by hiring a California truck accident lawyer for your case.
It is with great hope that you never experience this type of accident again. Your truck accident was traumatic, and fighting for compensation is new to you. For the trucking industry, civil cases are quite common. This uneven match of knowledge and skill makes hiring a truck accident lawyer all the more important for protecting your best interests.
An insurance adjuster can use their experience-along with a variety of tactics-to convince you to accept a settlement. Unfortunately, this move by adjusters is typically made soon after the accident and before you have the opportunity to retain a lawyer.
The initial amount offered to you may seem like the answer to your situation. However, while it is a quick fix, chances are it is not enough to support your future medical needs.
Severe injuries are unpredictable, and you may develop complications years from now. Making a serious financial decision, like accepting a settlement, is not one you should make alone.
Pain medications and the psychological effects of the accident can cause you to make the wrong decision. Consider protecting your best interests by contacting a California truck accident lawyer for a free case evaluation without delay.
A California Truck Accident Lawyer Can Help You
A free case consultation leaves you nothing to lose and everything to gain. The outcome of your case depends upon a variety of factors, and no one can predict the final result. However, a lawyer by your side can manage essential details, such as the statute of limitations.
Filing your civil lawsuit promptly is crucial for your case. There are no second chances when it comes to pursuing compensation. Missed deadlines or accepting a settlement without a lawyer can cause you financial harm later.
Commercial truck drivers must share California highways responsibly with other drivers. There is no room for negligence behind the wheel of a fully-loaded tractor-trailer.
If you or a loved one suffered severe harm or a permanent loss, you are not alone. Consider reaching out to a California truck accident lawyer as soon as possible for a free case consultation.
The time for your case is ticking away, requiring quick action. Allowing a lawyer to handle your case can ease the heavy burden on your shoulders. Your lawyer can file your lawsuit and begin negotiations with an insurance company on your behalf.
Severe injuries and loss affect victims in multiple ways. Now is not the time to learn California law or give in to pressure from an insurance adjuster. Instead, it is time to consider contacting a California truck accident lawyer for a free case evaluation.