A truck crash is a sudden, violent incident that can drastically affect your life. Since California has a strict statute of limitations for personal injury claims, you will need to act fast if you want to pursue compensation for the damages you suffered in a truck accident. A truck accident attorney can assist by fighting for you in your civil case and guiding you navigate the legal process. Consider getting in touch with a California truck accident attorney as soon as you can if you sustained serious injuries as a result of a reckless truck driver. In this article, we learn more about how long you have to file a claim for a truck accident.
California's Statute of Limitations For Truck Accident Claims
The statute of limitations for pursuing a truck accident claim under California law stands at 2 years, and several civil cases are settled without ever entering the courts. However, if discussions with an insurance provider are unsuccessful, you could be forced to file a legal action to safeguard your interests.
The first step in seeking compensation after a truck accident is for an attorney to initiate talks with the insurance provider. Unfortunately, the insurer that covers the trucking firm responsible for your accident typically is reluctant to spend the time and money on a trial.
Negotiation is essential because there is a conflict between what the insurer wants to pay and what the truck accident victim deserves. If your attorney determines that discussions are not yielding any results, they can decide to take the case to court.
Before you are allowed to proceed to trial, you have to file your claim before the state's statute of limitations runs out. 24 months seems like a very long time to pursue a lawsuit. However, this period begins when the damage occurs, and if you miss the deadline, the court could choose to dismiss your case.
The same applies to wrongful death claims. When a loved one passes away, the window for pursuing a wrongful death case opens the moment he or she dies. Personal injury and wrongful death cases always involve overwhelming emotions.
Hiring an attorney and taking prompt legal action could lower the stress while you recover or mourn the loss of a loved one. The time frame for filing any civil case is 2 years. A truck accident attorney can assist you in understanding why you should fight for just compensation and in learning how to go about it.
Exceptions
Truck crash victims are required to file their claims within the law's statute of limitations. Nonetheless, there are some instances whereby the California statute of limitations does not apply as it normally would. First off, the statute of limitations doesn't begin to take effect until there is the discovery of injuries, even if they don't manifest immediately.
Another exception occurs when the wounded individual is under the age of 18. A minor who has been injured cannot file a lawsuit against another individual. The child's parents could file a lawsuit on their behalf, or the magistrate can extend the statute of limitations till the minor turns 18 depending on the jurisdiction.
Another exemption is the wounded party's mental state. If the injured victim is incompetent, the court can postpone or stretch the statute of limitations. If you are unable to serve the opposing party with a notice of the action, the courts can also extend the statute of limitations.
You have to find and serve the opposing party for the case to continue. The courts could look into stretching the statute of limitations if you're unable to locate the other person if they ran away from the jurisdiction, or if they falsified their identification details.
Take Action As Soon As Possible
Even though you have the option to submit your truck accident claim after the statute of limitations has expired, it is usually preferable to do so much earlier. Complex factors surrounding truck accident cases require swift intervention.
When a truck accident occurs, the first thing that the trucking company does is send out a team of representatives to figure out what went wrong and collect evidence. Once the trucking firm obtains these details, there's a possibility that it could misplace, destroy or even mishandle liability evidence.
Once you've retained a truck accident attorney, he or she can serve the trucking firm notice to maintain any potential facts or face the court verdict. You should get legal advice as soon as possible after the incident if you want your attorney to issue the notice as swiftly as possible.
Negligence by Truck Drivers
Knowing who to hold responsible for the incident is a crucial step in making a truck accident case. Truck drivers are the most commonly held accountable parties in truck accident cases. Most truck accidents are the result of negligence on the part of the truck driver. Whether a trucker is drunk driving or speeding, their negligence puts you and other road users in danger.
Liability of Trucking Companies
The trucking business is another accountable party against which you can pursue a truck accident lawsuit. If the trucker is an employee of a trucking firm, the employer is liable for the driver's conduct. Even when truckers engage in risky behavior while driving, the trucking firm could still be held accountable if one of its employees causes a truck collision.
Trucking businesses can be held liable for negligence if they allow inexperienced individuals to drive their trucks or they neglect to maintain the trucks. Your attorney will look into each of these as potential liability puzzle pieces.
Truck Accident Injuries
A California truck collision can result in serious and life-threatening injuries. A tractor-trailer that has been fully loaded can weigh up to 80,000 pounds. The truck's weight, coupled with its inability to halt quickly, puts occupants in passenger vehicles or on motorcycles in danger of sustaining serious injury.
Serious truck accident injuries can result in significant effects on the quality of life. These catastrophic injuries include:
- Injury to the spinal cord—the spinal cord is the part of the body that connects to the brain and sends information about movement and feeling.
- Brain damage—this kind of injury interferes with the normal functioning of the brain, impairing balance, cognition, and other abilities.
- Fractures—the number of fractures as well as the type of fracture can affect how quickly a patient recovers.
- Internal bleeding—this can damage organs and cause death if it goes unnoticed.
- Burns—when a tanker truck transporting hazardous cargo catches fire, the victims can sustain both physical and psychological scars.
These are only some of the most common catastrophic injuries sustained in truck accidents. In certain accident stories, there are multiple grave injuries. The increasing medical costs can be daunting because medical treatment is so expensive.
You might find it difficult to secure a job again, which could leave you in a tight spot financially. You should fight for fair compensation so that you can afford your current medical bills and safeguard against any additional medical expenses in the future.
This doesn't constitute a comprehensive list of all forms of negligence that could result in an accident involving a truck. If you or a loved one has been seriously injured as a result of someone else's negligence, your truck accident attorney can be able to help. Reviewing your documentation and details will give them a solid foundation on which to develop a claim for financial compensation.
When a tractor-trailer driver loses control of their vehicle, it is nearly difficult to avoid being implicated in an accident. Whether or not criminal charges are filed against the culpable driver, the negligence committed by that person is intolerable, and you have every right to pursue financial restitution for the harm they have caused you.
Common Truck Accident Damages
A crash with a truck could cause you to sustain a number of serious injuries. You might experience depression or anxiety as a result of being injured physically, unable to perform daily tasks, and sustained emotional trauma.
An insurance adjuster's settlement check could appear like a simple solution to your problems. But you deserve proper and fair restitution for the unjustified harm you experienced.
Some common forms of compensation awarded after a truck accident are listed below:
- Expenses related to getting medical care, including hospitalizations, medical appointments, and ambulance expenses.
- Ongoing medical costs for things like therapy or rehabilitation.
- Income loss due to recovery time spent at home or in a medical facility.
- Lost potential earnings lost if you're unable to get back to your previous position as a result of the injuries sustained in the accident.
- Suffering and pain due to the accident's detrimental effects on your standard of life.
Providing your attorney with as many details as you can will assist in strengthening your case. For example, having copies of medical files describing the injuries you sustained as well as your hospital expenses is crucial to the case.
If you've been hurt in a truck accident in California, a good lawyer will handle your case with empathy and professionalism. There is no such thing as a ridiculous question when you're working together to win the case.
An experienced attorney will deal with insurance providers diligently and aggressively. Insurance firms work to minimize their payouts or reject your claim. If you've been in a truck accident, you need a lawyer who won't back down.
California Fatal Truck Accidents and Wrongful Death Cases
It's devastating to lose a loved one in a tragic accident involving a truck. Your life can be altered permanently by the wrongful death of a family member, and it could also put a strain on your finances. Even though the compensation will never be able to bring back your loved one, it could lessen the financial strain.
Wrongful death claims are subject to two years under the California statute of limitations. The two-year period officially begins when the person dies, even if they spent time in the trauma center or hospital before succumbing to their injuries.
A period of two years may seem like a long time. However, it could fly by when you experience such a significant crisis. A wrongful death attorney can make sure that your case is submitted on time and in compliance with all court regulations. If you want your case to go to trial, you must file your lawsuit before the statute of limitations expires. Your attorney can decide to take the case to court if talks with the insurance provider are fruitless.
If talks break down, you can safeguard yourself by filing a legal action within the allotted time frame. In most cases, you will be permanently barred from seeking monetary damages in a civil court when you miss out on the specified time frame for bringing your claim.
There are several types of compensation available in wrongful death cases:
- The cost of your loved one's final medical care.
- Costs of cremation or burial.
- A reduction in income the deceased supported you financially.
- Potential lost future earnings if your loved one had survived.
- Lost companionship.
- Lost inheritance for the loved one's children.
Your attorney will be able to advise you on the action that is most appropriate given the circumstances surrounding your case. Each wrongful death and personal injury scenario is unique. Proving culpability and seeking a just conclusion depends heavily on the specifics of the accident and the losses incurred.
The Reasons Why You Should Never Accept Less Than You Deserve
To safeguard its interests, trucking businesses occasionally employ powerful lawyers and major insurance providers. If you've been hurt in a truck accident, you should hire an attorney to represent your interests.
Civil lawsuits are rather typical in the trucking sector. A truck accident attorney should be retained to safeguard your rights due to the disparity in expertise and experience between the parties involved.
Adjusters for insurance companies are trained professionals who utilize various strategies to coax policyholders into agreeing to settlement offers. Unfortunately, adjusters usually make this decision quickly after an accident has occurred and before the victim has a chance to hire an attorney
You might think that accepting the first amount presented to you will solve your problems. Even though it is a temporary fix, it probably won't be adequate to cover your medical demands in the future.
You can experience consequences years later if you've suffered a severe injury. You shouldn't make a major financial decision—such as signing a settlement—alone. Making the wrong choice can be influenced by the medications you're taking and the emotional effects of the injury. Consider defending your best interests by speaking with a truck accident attorney as soon as possible.
What Happens If You Miss the Deadline?
The law typically prevents you from utilizing California's civil court process to pursue damages for injuries sustained if the legal period for filing the truck accident lawsuit has passed. You might be wondering why the claim's statute of limitations matters when the majority of personal injury cases are resolved by negotiations instead of a courtroom trial.
It matters since insurance companies are eager to settle to avert the unpredictability and cost of going to court. There's not much motivation for the insurer to give a payout if the person making the claim is not allowed to file a lawsuit since they're aware the case won't get to trial.
How a California Truck Accident Attorney Can Help
A no-obligation case consultation can be beneficial for you. No one can foresee how your case will turn out because so many different things could affect it. However, having an attorney on your team can help you with important matters like filing your claim before the statute of limitations expires.
Timely filing of your civil claim is essential to your case. No one gets a second chance regarding suing for damages. Subsequent financial loss can result from failing to meet deadlines or negotiating a settlement with the adjuster without legal counsel. Commercial truckers have to share the road safely with other motorists on California's roadways. Driving a tractor-trailer that is completely loaded leaves no opportunity for negligence.
Your case has a limited window to act, so you must act quickly. You can lessen the strain by letting an attorney oversee your case. Your attorney can represent you in court and negotiate with the insurance provider.
Find a Truck Accident Injury Lawyer Near Me
If you've been injured in a truck accident, don't hesitate to seek medical treatment. The next thing you should do is get in touch with a personal injury attorney. A truck accident attorney can assist you throughout the entire claims process. He or she can help you gather the required evidence for the case and make sure that you seek the compensation you deserve before the statute of limitations expires.
If you have experienced the loss of your loved one or suffered serious injuries after a truck accident, you're not alone. Consider getting in touch with the Truck Accident Injury Attorney Law Firm as soon as possible for a free case evaluation. Our team of California truck accident attorneys can help you get back on your feet by handling your legal matters. Call us today at 888-511-3139.
