Because of their massive size and weight, trucks can inflict significant damage when involved in an accident. If you were involved in an accident with a commercial truck, you are likely dealing with significant injuries and expensive medical bills. Attempting to cover these costs on your own can be overwhelming. Fortunately, you may be entitled to compensation.
The Auburn truck accident attorneys at Triumph Law understand the challenges you face after an accident. We will work tirelessly to ensure you recover the compensation you need and deserve after an accident. Reach out to us today by completing our online contact form, using our chat tool, or giving us a call and scheduling your free case review.
Commercial Trucks are Held to a Higher Safety Standard
Several safety regulations apply to commercial trucks beyond the standard requirements that all drivers must abide by. For example, truck drivers must follow strict hours of service regulations. These hours of service guidelines help keep tired truck drivers off the road. Drivers are required to keep a written log and have a black box installed in their vehicle.
Commercial truck drivers are also required to obtain a commercial driver’s license (CDL). Depending on the cargo being hauled, the driver may also need to get special endorsements on their license, as well. Other regulations include things like restrictions on the total weight of the truck and the cargo it carries.
Both commercial truck drivers and trucking companies must abide by all safety regulations. If any violations occur, both the driver and their employer could face potential legal consequences, including criminal charges and civil lawsuits.
Make Sure to File Your Truck Accident Lawsuit Before the Deadline
It is essential that you familiarize yourself with the personal injury statute of limitations in the state where your accident occurred. In California, this statute of limitations grants accident victims two years to submit lawsuits against those liable for their injuries. Missing this deadline will likely mean you are out of options for pursuing damages.
However, the two-year deadline does not apply in every situation. Depending on the details of your case, you could be eligible to file a lawsuit long after the typical deadline has passed. On the other hand, you could find yourself facing a much shorter cutoff date for filing than the one laid down by the statute of limitations.
The best way to protect yourself from losing your right to recover compensation due to an unexpected deadline is by hiring an experienced truck accident lawyer shortly after your crash. Your attorney can determine whether any special conditions apply to your case that alters the filing deadline and will make sure all of the required paperwork is submitted in time.
Recoverable Damages in an Auburn Truck Accident Case
After suffering serious damages in a truck accident, there are several types of damages you will likely be able to claim. Every truck accident is different, and the specific damages available vary from case to case. Determining all the damages you qualify to pursue is essential for recovering the full compensation to which you are entitled.
All compensatory damages can be divided between the categories of economic and non-economic damages.
All financial losses caused by a commercial truck accident fall into the category of economic damages. The economic damages most often available following a truck accident include:
- Lost income
- Diminished ability to earn income
- Medical bills
- Future medical costs
- Property damage
- Modifications made to your vehicle or home necessitated by your accident
Every loss you suffer that is not financial in nature is sorted into the broad category of non-economic damages. The non-economic damages most often available following a truck accident include:
- Loss of companionship
- Emotional distress
- Permanent disability
- Pain and suffering
- Mental anguish
- Lowered ability to enjoy life
- Scars and disfigurement
While compensatory damages focus on replacing the losses sustained by accident victims, punitive damages are concerned with the at-fault party’s actions. A judge will award punitive damages to punish the liable party for the part they played in causing an accident.
Punitive damages are not available in the majority of truck accident cases. The court reserves punitive damages for extreme situations involving gross negligence or intentional harm.
California Uses Pure Comparative Negligence When Assessing Fault
When determining how much you are eligible to recover after an accident, you need to take California’s pure comparative negligence rule into account. Under this rule, accident victims can recover compensation for damages in an accident as long as they were not 100% responsible for causing the crash.
However, the amount you can claim will be reduced at a rate proportional to the level of fault you hold for the crash. That means that if you were 20% to blame for your truck accident, you will only be eligible to pursue 80% of the total value of your claim. Under this example, if your case is worth $100,000, you will be able to pursue $80,000 in damages.
Reach Out to an Experience Truck Accident Lawyer in Auburn to Schedule a Free Case Review
To give yourself the best possible chance of recovering the compensation you need after a crash, you need an experienced truck accident attorney on your side. When hiring a lawyer, you should look for a firm experienced in handling cases similar to your own.
You want to make sure you choose a firm with a track record of securing favorable compensation, both through court rulings and out-of-court settlements. At Triumph Law, we have helped our clients recover millions of dollars in damages. Contact us today to schedule a free case evaluation with a member of our legal team.
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