Truck accidents in California can be devastating, often resulting in severe injuries, significant property damage, and even fatalities. So how do truck accident lawsuits work in California?

Due to the size and weight of commercial trucks, these accidents tend to be more complex than regular car collisions.

If you or a loved one has been involved in a truck accident, you may be wondering how to seek compensation for your losses.

In this comprehensive guide, we’ll explain how truck accident lawsuits work in California, covering the legal process, liability determination, compensation options, and crucial steps to take after an accident.

Understanding these aspects will help you protect your rights and maximize your chances of receiving fair compensation.

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Understanding Truck Accident Laws in California

California operates under comparative negligence laws, meaning that fault can be shared among multiple parties involved in an accident. This makes determining liability in a truck accident case complex.

Additionally, state and federal trucking regulations play a critical role in truck accident claims, making it essential to work with an experienced truck accident lawyer in Los Angeles.

Some key regulations affecting truck accident lawsuits in California include:

• Federal Motor Carrier Safety Administration (FMCSA) rules
• California Vehicle Code (CVC) Sections 34500-34520 governing commercial vehicle operations
• Hours-of-service (HOS) regulations, limiting the number of hours a truck driver can operate without rest
• Truck maintenance and inspection requirements
• Drug and alcohol testing regulations for commercial drivers

Understanding these laws is crucial in proving negligence and securing compensation in a truck accident lawsuit.

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Who Can Be Held Liable in a Truck Accident?

Truck accidents are different from typical car accidents because multiple parties may be held liable.

Depending on the circumstances, the following parties could be responsible:

1. Truck Driver

• Driver fatigue due to HOS violations
• Distracted driving (texting, eating, adjusting GPS, etc.)
• Driving under the influence of drugs or alcohol
• Speeding or reckless driving

2. Trucking Company

• Hiring unqualified or undertrained drivers
• Encouraging drivers to violate HOS regulations
• Failing to maintain and inspect vehicles properly

3. Truck Manufacturer

• Defective truck parts or mechanical failure (e.g., brake failure, tire blowouts)

4. Cargo Loading Company

• Overloading trucks beyond legal weight limits
• Improperly securing cargo, leading to rollovers or cargo spills

5. Government Entities

• Poor road conditions or lack of proper signage that contributed to the accident

A thorough investigation will help determine who should be held accountable for the accident.

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Steps to Filing a Truck Accident Lawsuit in California

If you’ve been injured in a truck accident, here’s what you need to do to protect your legal rights and ensure you receive the compensation you deserve.

Step 1: Seek Medical Attention Immediately

Even if you feel fine, it’s crucial to get a medical evaluation. Some injuries, like whiplash or internal bleeding, may not be immediately apparent but can become serious over time.

Step 2: Gather Evidence at the Scene

If you are physically able, collect as much evidence as possible, including:

• Photos of the accident scene, vehicle damage, and injuries
• Contact information of witnesses
• The truck driver’s license and insurance details
• The trucking company’s information

Step 3: Report the Accident

Call 911 to report the accident and obtain a police report. The police report will serve as an official document detailing what happened.

Step 4: Contact a Truck Accident Lawyer in Los Angeles

Truck accident claims are complex and involve multiple legal aspects. Hiring a skilled attorney ensures that you:

• Understand your legal rights
• Gather the necessary evidence to build a strong case
• Negotiate effectively with insurance companies
• File a lawsuit if necessary

Step 5: Investigate the Accident

Your lawyer will conduct a thorough investigation, which may include:

• Reviewing the truck’s black box data (electronic logging device)
• Examining trucking company records
• Interviewing witnesses
• Consulting accident reconstruction experts

Step 6: File an Insurance Claim

Before filing a lawsuit, your lawyer will negotiate with insurance companies to reach a fair settlement. However, insurance companies may attempt to lowball you, so having an attorney negotiate on your behalf is essential.

Step 7: File a Truck Accident Lawsuit (If Necessary)

If a fair settlement cannot be reached, your lawyer will file a lawsuit against the responsible parties. The litigation process includes:

• Discovery phase (exchanging evidence with the opposing party)
• Depositions (interviewing witnesses under oath)
• Mediation or settlement discussions
• Trial (if no settlement is reached, the case will be presented before a judge or jury)

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What Compensation Can You Receive in a Truck Accident Lawsuit?

Victims of truck accidents in California can seek compensation for economic and non-economic damages, including:

Economic Damages (Tangible Losses)

• Medical expenses (hospital bills, surgeries, rehabilitation)
• Lost wages and future earning capacity
• Property damage (vehicle repairs or replacement)

Non-Economic Damages (Intangible Losses)

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Punitive Damages (If Applicable)

In cases of extreme negligence or reckless behavior (e.g., a trucking company knowingly violating safety regulations), the court may award punitive damages to punish the defendant and deter future misconduct.

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Statute of Limitations for Truck Accident Claims in California

In California, the statute of limitations for filing a truck accident lawsuit is two years from the date of the accident. If the claim involves a government entity (e.g., faulty road maintenance), you must file a notice within six months of the accident.

Failing to file within these deadlines may result in losing your right to pursue compensation.

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Why You Need a Truck Accident Lawyer in Los Angeles

Truck accident cases require in-depth legal knowledge and aggressive representation. An experienced truck accident lawyer can:

• Navigate complex federal and state trucking laws
• Identify all liable parties
• Negotiate with powerful insurance companies
• Maximize your compensation
• Represent you in court if necessary

At The Law Offices Of Gerald L. Marcus, we have a proven track record of helping truck accident victims secure the compensation they deserve. Contact us today for a free consultation to discuss your case.

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Conclusion

Understanding how truck accident lawsuits work in California is essential if you or a loved one has been involved in such an incident.

From determining liability to negotiating with insurance companies and potentially filing a lawsuit, the process can be complex.

Hiring a skilled Los Angeles truck accident lawyer ensures you receive fair compensation and justice for your suffering.

Don’t wait—schedule a free consultation today to explore your legal options and protect your rights.

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Need Legal Help After a Truck Accident in California?

Call The Law Offices Of Gerald L. Marcus today at 818-784-8544. Let us fight for you!