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Truck Accident Compensation in California

Posted by Joshua M. Kimura | Oct 10, 2024 | 0 Comments

Truck accident behind police vehicle

Truck accidents often result in catastrophic injuries, significant medical expenses, and lost wages for victims. If you've been involved in a collision with a commercial vehicle, it is essential to understand your rights under California truck accident compensation laws. Pursuing full and fair compensation can be a complex process, but with the proper legal guidance and knowledge, you can effectively protect your interests and secure the recovery you deserve.

According to the California Highway Patrol's most recent publicly released report, our state experienced 7,009 injury-related truck crashes and 334 fatal truck crashes in 2019 alone.

When we talk about truck accident compensation, we're referring to the financial recovery victims can pursue after being injured in an accident involving a commercial truck. This compensation aims to cover various losses, from immediate medical expenses to long-term rehabilitation costs, pain and suffering, and lost income.

Table of Contents:

Understanding California Truck Accident Law

One of the key factors that sets truck accidents apart from typical car crashes is the potential for more severe injuries and damages. Commercial trucks can weigh up to 80,000 pounds, making collisions with passenger vehicles particularly dangerous.

This weight disparity often leads to catastrophic injuries that require extensive medical treatment and prolonged recovery periods. In California, the legal framework for truck accident claims is built on the concept of negligence. 

Under California's strict liability law, designers, manufacturers, and even companies involved in a product's chain of distribution can all be held liable if a defective product contributes to causing a truck accident. You could also file a claim with insurance companies to recover compensation.

Types of Damages in California Truck Accident Cases

When pursuing truck injury compensation, you'll need to understand the types of damages you may be entitled to. These typically fall into three categories: economic damages, non-economic damages, and in some cases, punitive damages. Understanding the average truck accident settlement can help you understand the value of your case and help you get the settlement amounts you deserve.

Economic Damages

Economic damages are straightforward and quantifiable. They include:

  • Medical expenses (both current and future).
  • Lost wages.
  • Loss of earning capacity.
  • Property damage.

Non-Economic Damages

Non-economic damages are more subjective and can include:

  • Pain and suffering.
  • Emotional distress.
  • Loss of enjoyment of life.
  • Loss of consortium (for spouses).

Punitive Damages

In rare cases where the defendant's conduct was particularly egregious, you might be awarded punitive damages. These are meant to punish the offender and deter similar behavior in the future.

It's worth noting that California follows a pure comparative negligence standard in truck accident cases. This means that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault, as California law states.

Type of Damage Description Examples

Economic

Quantifiable financial losses

Medical bills, lost wages, property damage

Non-Economic

Subjective, non-monetary losses

Pain and suffering, emotional distress

Punitive

Damages to punish egregious behavior

Awarded in cases of gross negligence or intentional misconduct

Factors Influencing California Truck Accident Settlement Amounts

When it comes to the value of a truck injury, there's no one-size-fits-all answer. Each accident case is unique, and settlements can vary greatly based on factors such as the severity of injuries, the impact on the victim's life, and the strength of the evidence.

However, it's important to note that truck accident settlements often result in higher compensation amounts compared to typical car accident cases. This is due to several factors:

  1. Severity of injuries: Truck accidents often cause more severe injuries, leading to higher medical costs and longer recovery periods.
  2. Multiple liable parties: In truck accidents, liability may extend beyond the driver to include the trucking company, vehicle manufacturers, or maintenance providers.
  3. Higher insurance limits: Commercial trucks typically carry higher insurance policies, allowing for potentially larger settlements.
  4. Federal regulations: The trucking industry is heavily regulated, and violations of these regulations can strengthen a victim's case. For example, truck drivers are held to higher safety standards when it comes to things like hours of service and drug and alcohol use. If a truck driver is found to have violated these regulations, it could be used as evidence in a personal injury case.

While the average truck accident settlement in California is estimated to be between $70,000 and $75,000, it's crucial to remember that this is just an average. Many cases settle for much more, especially those involving severe injuries or fatalities. An experienced personal injury attorney can help you seek maximum compensation for your claim.

Statute of Limitations for California Truck Accident Cases

If you're considering pursuing California truck injury compensation, it's essential to be aware of the statute of limitations. Under California law, you generally have two years from the date of the accident to file a personal injury lawsuit.

However, if you're filing a claim against a government entity (for example, if a city-owned truck was involved in the accident), you only have six months from the accident date to file a personal injury case, according to Government Code section 911.2. The statute of limitations can be a major factor in your accident claim, which is why it is crucial to consult with a truck accident lawyer as soon as possible.

The Importance of Legal Representation

Given the complexities involved in truck accident cases, it's highly advisable to seek legal representation. An experienced attorney can help you navigate the legal process, gather evidence, negotiate with insurance companies, and ensure you're seeking fair compensation for all your losses. 

Remember, truck accident compensation isn't just about recovering money. It's about justice, accountability, and ensuring you have the resources you need to move forward after a life-altering event. Whether you're dealing with temporary injuries or facing long-term disabilities, fair compensation can make a significant difference in your recovery and future quality of life.

As you engage in this challenging process, stay informed, document everything related to your accident and injuries, and don't hesitate to ask questions. Your journey to fair compensation may be difficult, but with the right support and information, you can work towards the best possible outcome for your situation. It is important to understand the process of a personal injury case and how your lawyer can help fight for you.

Conclusion

Obtaining truck injury compensation is a daunting task, especially when you're dealing with the physical and emotional aftermath of a serious accident. However, understanding your rights, the types of compensation available, and the factors that influence settlement amounts can empower you to make informed decisions about your case.

Remember, each truck accident case is unique, and while averages can provide a general idea, your specific circumstances will ultimately determine the compensation you may receive. Don't let the complexity of the process deter you from seeking the truck injury compensation you deserve. With the right legal support and a clear understanding of the process, you can focus on your recovery while working towards a fair settlement that addresses all your losses.

If you or your loved one were injured in a trucking accident, don't hesitate to reach out. We provide free case evaluations and a no win, no fee promise.

About the Author

Joshua M. Kimura

Joshua M. Kimura is a founding partner of Kimura London & White LLP. He has been recognized as a "SuperLawyer" since 2020 and is listed as one of the Best Personal Injury Attorneys in the United States by "Best In Law".

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