California Commercial Vehicle Accident Lawyer

Proving the Negligence of Another Party

To recover the compensation you need after a commercial vehicle accident, you need to establish who was at fault for the collision. Doing so will either mean proving that the other party caused the crash on purpose with the intent of causing harm or that the accident was the result of another party’s negligence.

Proving negligence can be challenging and may require the assistance of an experienced commercial vehicle accident attorney in California. To prove negligence, you will need to show that:

• The defendant owed you a duty of care
• The defendant violated their duty of care
• You incurred damages
• Your damages were the direct result of the other party’s breached duty of care

Existence of a Duty of Care

Proving that the other party owed you a duty of care could be simple in a commercial vehicle accident. If you are attempting to recover compensation from the driver of the vehicle, then they automatically owed you a duty of care. All drivers owe a duty of care to those around them.

If filing a claim against a trucking company, then they owed you a duty of care to provide proper training and perform background checks of their drivers to ensure the safety of others on the road.

A Breached Duty of Care

Next, you need to demonstrate that the liable party breached their duty of care. For example, if the company responsible for putting the vehicles on the road did not perform proper background checks or provide their drivers with adequate training, they breached their duty of care.

Likewise, if a commercial vehicle driver was speeding, intoxicated, or otherwise in violation of the rules of the road, they breached their duty of care.

Your Damages

You will be required to show that you sustained damages as a result of the accident. This element of negligence can be established with copies of your medical files and repair bills for your vehicle. 

However, you need to be sure that you seek attention from a medical professional immediately. Delays will give the defense an opening to introduce doubts about whether your damages were caused by the accident for which you are seeking compensation or another unreported incident.

Your Damages Were the Result of the Breached Duty of Care

Finally, you will need to show causation. You must be able to prove that the accident which caused your injuries occurred because the liable party breached their duty of care.

Take Action Before Time Runs Out

When attempting to recover compensation through a commercial vehicle accident lawsuit, you should become familiar with the statute of limitations for the state in which you are filing. In California, victims generally have two years to file a lawsuit against the liable party. If you miss this deadline, you may be out of options for compensation.

However, the standard deadline does not apply in all cases. Depending on the details of your situation, you could discover that you are still able to take legal action, even if the usual deadline has long passed. At the same time, it could turn out that you actually have far less than two years to take action.

The best way to ensure you meet all deadlines is by consulting an experienced California commercial vehicle accident attorney as soon as possible.

Recoverable Damages After a Commercial Vehicle Accident

After suffering an injury caused by a commercial vehicle accident, you will likely be able to pursue a multitude of damages. Any compensatory damages you can claim will be categorized as either economic or non-economic damages.

Economic Damages

Any financial losses related to your accident fall into this category. The most commonly recovered economic damages in commercial vehicle accident cases are:

• Medical expenses
• Future medical expenses
• Lost wages
• Lowered ability to earn income
• Property damage
• Necessary modifications to your vehicle or home to accommodate a disability

Non-Economic Damages

Every other loss caused by your accident belongs in this category. The most commonly recovered non-economic damages in commercial vehicles accident cases are:

• Loss of companionship
• Emotional distress
• Mental anguish
• Permanent disability
• Scars and disfigurement
• Pain and suffering
• Diminished ability to enjoy life

Punitive Damages

In a small percentage of commercial vehicle accidents, you may also be able to claim punitive damages. For punitive damages to apply, the at-fault party must have been criminally negligent or trying to cause harm with their actions.

The main difference between punitive damages and compensatory damages is who the damages are focused upon. Compensatory damages are all about the victim and ensuring they get money for their losses. Meanwhile, punitive damages are all about the liable party and ensuring they get punished for their role in the crash.