Injured in a Truck Accident in California: What To Do
A truck collision leaves little room for error. When you’ve been injured in a truck accident, your immediate actions significantly influence your health, legal rights, and ability to obtain fair compensation.
California’s congested highways see thousands of truck-related accidents each year, involving privately-owned trucks, such as pickups, as well as large commercial vehicles like semi-trucks, 10-wheelers, big rigs, FedEx trucks, and Amazon delivery trucks. Knowing exactly what to do after you’ve been hit by a truck in California can protect your rights and strengthen your claim.
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Immediate Steps to Take After a Truck Crash
Call 911 and Seek Medical Attention
Immediately call emergency services. Prompt medical attention is vital, even if injuries seem minor. Certain injuries, especially head and internal traumas, may not exhibit immediate symptoms.
Gather Evidence at the Scene
If possible, photograph the accident scene, your injuries, vehicle damage, and any road conditions. Collect names, contact details, and statements from witnesses. Request information from the truck driver, including their license number, vehicle registration, insurance details, and employer information if it’s a commercial vehicle.
Report the Accident to Authorities
Ensure law enforcement files an official report, clearly stating how the accident happened. This report is critical when pursuing compensation.
Notify Your Insurance Provider
Report the accident promptly to your insurance company, providing only factual details. Avoid speculating on fault or injuries without medical consultation.
Talk to a Lawyer
Consult with a truck accident attorney so you don’t make any filing mistakes and accidentally throw your case away. Better yet, have the accident lawyer speak to insurers on your behalf.
Private Truck vs. Commercial Truck: Who’s Responsible?
California law differentiates between privately-owned trucks and commercial vehicles in determining liability:
Privately-Owned Trucks
When injured in a truck crash involving a privately-owned vehicle, liability generally rests on the driver of the vehicle. Their insurance policy typically covers compensation claims, including medical costs and property damage.
Commercial Trucks
If you’re hit by a truck in California that operates commercially, multiple parties may share liability. These include the truck driver, trucking company, maintenance provider, vehicle manufacturer, or cargo-loading company.
Under California’s vicarious liability laws, trucking companies such as FedEx or Amazon can be held financially accountable for their drivers’ negligence if it happened during employment activities.
California Laws Protecting Truck Accident Victims
Several California laws favor victims injured in a truck accident:
Comparative Negligence Law
California follows pure comparative negligence rules, meaning even if you partially contributed to the accident, you can still seek compensation proportionate to the other party’s level of fault.
Hours of Service Regulations
Truck drivers must adhere to strict limits on driving hours. Violations of these regulations significantly strengthen a victim’s case by proving negligence.
Insurance Requirements
California requires commercial trucks to carry higher liability insurance than private vehicles. Victims hit by a commercial truck can pursue substantial claims for severe injuries or wrongful death.
FAQs on California Truck Accident Cases
How long do I have to file a truck accident claim in California?
California law allows two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means losing the right to pursue compensation.
Can I still claim compensation if the truck driver was not charged by police?
Yes. Criminal charges or citations issued by police do not affect your right to seek civil compensation. Civil liability and criminal guilt are separate matters.
What if the trucking company’s insurer contacts me for a statement?
You are not legally required to provide a statement. It’s advisable to avoid speaking directly with insurers representing trucking companies without first consulting a personal injury attorney.
Do I need an attorney?
Due to multiple potential liable parties, involving an attorney often increases your chance of securing higher truck accident settlement. Experienced truck crash attorneys understand trucking industry regulations, the statute of limitations, and can negotiate with large insurance firms.
What compensation can I claim after being hit by a truck in California?
You can claim medical expenses, lost income, pain and suffering, emotional distress, property damage, and, in certain severe cases, punitive damages if the driver’s actions were especially reckless.
Our Truck Accident Lawyer Has Your Back. Contact Us Today.
If you’ve been injured in a truck accident, immediate legal guidance makes a difference in your compensation claim.
RTM Law, APC provides expert legal representation to California truck accident victims, offering compassionate and aggressive advocacy. With a no-win, no-fee policy, our attorneys handle your claim with care and compassion, aiming for maximum compensation.
Call today for a free consultation. We speak Spanish and Filipino.
You need compassionate support and effective representation?
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