If you or a loved one were injured in a truck accident in California, you have the right to pursue compensation for damages by filing a truck accident claim or lawsuit. However, the process can be complex given California’s unique auto insurance and liability laws. This guide will provide an overview on key considerations and steps for filing a successful California truck accident claim.
Assess if You Have a Valid Claim
A valid truck accident claim in California means:
- The truck driver’s negligence directly caused the accident and your injuries. They may have been speeding, driving recklessly, driving while fatigued, disobeyed traffic laws, or failed to perform vehicle inspections.
- You sustained physical injuries and other calculable damages like medical expenses, lost income, property damage, pain and suffering, etc. Soft tissue injuries like whiplash are also eligible.
Gather Evidence to Prove Liability
The strength of your claim relies heavily on evidence proving the truck driver is liable. Key evidence types to collect can include:
- Police accident reports detailing official determinations on causes and fault
- Statements from eyewitnesses on what transpired before, during and after the accident
- Video footage from street cameras, dash cams, cell phones or surveillance systems
- Photo documentation of accident damages, injuries sustained or unsafe truck conditions
- Records related to the truck driver’s duty logs, inspection reports, training certifications, etc.
The more evidence you can gather demonstrating clear truck driver negligence, the higher your chances of a successful claim. Move quickly to collect evidence, take photos and statements, obtain reports and records before evidence disappears or memories fade. An experienced personal injury accident attorney can secure court orders to preserve evidence if needed.
Determine All Liable Parties
Do not limit yourself to only filing a claim against the truck driver. Also, consider if the trucking company, manufacturer, loader or others may hold shared negligence under California law. Some potential liable parties can include:
- Truck driver
- Trucking company employing the driver
- Truck manufacturer if vehicle defects caused the crash
- Company responsible for truck maintenance if failed upkeep was a factor
- Loader if improperly distributed cargo contributed to accident
- Public or private parties responsible for hazardous road conditions
Identify Third Parties That May Share Liability
In complex commercial truck accident cases, multiple third parties beyond just the truck driver often share liability due to negligent behaviors that contributed to the crash. As you build your claim, dig deeper to uncover if any additional parties hold accountability requiring inclusion in your claim. Some examples may include:
- Trucking companies that inadequately train drivers, fail to review driving histories, do not perform required drug tests, demand unreasonable delivery deadlines, or require excessive driving hours.
- Trucking equipment installers or repair companies that improperly service brakes, lights or other critical components.
- Cargo loading companies that improperly distribute a truck’s cargo weight balance.
- Technology companies that provide defective onboard computers, GPS units or logbook monitoring devices.
The greater number of proven liable parties included in your claim, the greater potential paths to securing full compensation for damages incurred.
Identify All Damages to Include
Work closely with your doctors, health providers and other professionals to develop a complete monetary accounting of accident-related damages to include in your claim. Understand that you cannot file for new damages not originally cited in the claim unless additional issues emerge. Ensure your claimed damages are reasonable, accurate and well-documented. Compensable damages can comprise:
- Ambulance fees, hospital bills, rehabilitation costs and other medical expenses
- Repair or replacement expenses for damaged property
- Lost income and reduced earning capacity
- Pain, suffering and diminished quality of life
Carefully Calculate the Value of Non-economic Damages
Non-economic damages like pain and suffering can represent a significant portion of your potential claim value. Thoroughly outline how the accident impacted your ability to enjoy normal activities, professional goals, recreational pursuits and overall wellbeing. Be specific in connecting injuries sustained to ongoing limitations and emotional distress you continue experiencing.
Under California statutes, compensation caps exist on noneconomic damages in truck accident cases. However, exceptions apply if the trucking company defendant is found grossly negligent in their role contributing to the crash. Experienced attorneys deeply familiar with California claim laws can maximize this critical claim component.
Place the Insurance Carrier on Notice
Per California law, you must place the truck driver’s insurance carrier on notice as soon as reasonably possible after the accident. This is required before you can file a lawsuit. The notice should:
- Be sent certified mail with return receipt for proof of delivery
- Provide formal notice you intend to hold their policyholder liable for your damages
- Outline details on the accident, injuries sustained and damages incurred
Allow the insurance carrier 30 days to respond before taking further legal action. Sometimes insurers make fair initial settlement offers during this period, especially if liability is clear.
Consult with a California Truck Accident Lawyer
An experienced California truck accident lawyer can properly advise you on your claim’s validity while managing the evidence-gathering, negotiations, legal filings and litigation processes. Reputable attorneys work on a contingency-fee basis whereby they only collect if they secure compensation for you. Having strong legal guidance maximizes your recovery potential.
Choose an Attorney Familiar with Federal Trucking Regulations
The trucking industry must adhere to expansive federal and state regulations governing critical areas like driver qualifications, required inspections, cargo rules, driving hours limits and more. Identify attorneys well-versed across pertinent federal compliance regulations within the trucking industry. They can effectively establish negligence by proving specific regulatory violations contributing to the accident.
File the Claim in California Civil Court
If informal negotiations with the insurer prove unsuccessful, your personal injury attorney can file a formal California truck accident claim in civil court. They will initiate a lawsuit detailing your allegations of negligence against the liable parties and request a settlement covering your enumerated damages. If a fair settlement cannot be secured in court, the case proceeds to trial whereby a judge or jury determines compensation owed based on arguments and evidence presented.
These are the essential steps for properly filing a California truck accident claim. Keep in mind there are strict filing deadlines under California law so do not delay pursuing compensation you may deserve. With strong evidence and legal representation from Karns & Karns Truck Accident Attorneys, you can successfully recover your damages stemming from a truck crash. Contact us today – we have offices in California, Texas & Nevada.
