Trucking accidents in California can lead to catastrophic injuries, property damage, and financial burden. In searching for justice, familiarity with the laws in California regarding trucking accidents is quite valuable. These laws govern how claims are filed, who can be held liable, and how compensation is awarded. Knowledge of this information can significantly affect the success of a claim.
Comparative Fault under California Law
The state applies the pure comparative fault theory to determine liability in a trucking accident. Under this theory, consecutive parties may share in fault, and the victims might recover their damages even if they are partially responsible for the accident. However, the compensation awarded will be reduced by the portion of fault apportioned to the victim.
Consulting a California truck accident lawyer can be crucial in these cases, as they can help gather solid proof to reduce the percentage of fault assigned to the victim. To clarify, an injured victim found to be 20 percent liable in an accident can recover 80 percent of the total damages. This law states that getting solid proof will help to decrease the percentage of fault put on the victim.
Statute of Limitations
The statute of limitations is a specific timeline within which the trucking accident claims can be filed. According to that, two years are available for the victim to issue a personal injury claim after the accident. For property damage, the deadline extends up to three years.
However, the time is much shorter if the concerned truck comes from a government agency, such as the Public Works Department. In these cases, victims must raise a claim with the organization within six months of the accident.
Liability and Negligence
A truck accident can often involve several parties, such as
- The truck driver
- The trucking company
- Companies providing defective parts
Under California law, trucking companies are liable for the actions of their employers once negligence is established.
Negligence refers to the act of violating the duty of care an individual owes to another. The breach of federal and state regulations, improper vehicle maintenance failure, and violations of proper loading are some examples. For victims to be able to prove that the negligence caused the accident is a matter of much documentation and expert analysis.
Minimum Insurance Requirements
California makes basic requirements for insurance policies for commercial trucks operating within the said state. Trucking companies have liability insurance policies to protect against damages in accidents. The minimum coverage requirements vary depending on the cargo and whether the mover travels within or outside California.
All these insurance requirements are vital to be understood by a victim, as these play a big role in unearthing the compensation available. Legal professionals can help victims deal with insurance policies to achieve every cent they deserve.
Wrapping Up
The laws related to truck accidents in California are defined to help the victim and provide them with enough compensation. Yet, all this can be tough to handle without adequately understanding the rules and requirements. This is why it is important to seek the right lawyer. With their assistance, victims can overcome all the challenges involved in compensation claims.
