When a commercial truck is involved in an accident, the resulting damage is usually significant. These vehicles pose a great risk to others on the road due to their substantial size and weight. Many commercial trucks carry the additional danger of transporting hazardous materials. If you were harmed as the result of a commercial truck accident, you may be entitled to compensation.
At Triumph Law, our team of personal injury lawyers in Granite Bay has helped countless accident victims recover the compensation they need after a crash. We understand the challenges faced by truck accident victims and work diligently to ensure our clients get the money they deserve. Contact us today to schedule a free consultation.
Be Mindful of the Statute of Limitations When Planning to File a Truck Accident Lawsuit
If you are planning to file a lawsuit after a truck accident, you must pay attention to the personal injury statute of limitations for the state in which you are filing. California generally grants accident victims two years to file a lawsuit against the liable party. Missing the filing deadline could result in the loss of your ability to pursue compensation from the at-fault party.
However, there are still cases where you can file even if the two-year deadline has already passed. At the same time, special circumstances can further limit the amount of time you have to submit the paperwork for your lawsuit.
To avoid losing your right to recover compensation because of an unexpected deadline, you should contact an experienced truck accident lawyer soon after your collision. Your attorney will be able to identify whether any special circumstances apply to your case and ensure that all the required paperwork gets filed well in advance of the deadline.
Damages You Might Be Eligible to Pursue After a Truck Accident in Granite Bay
Following a truck accident where you sustained significant damages, you will likely be able to collect various damages. However, you should understand that no two truck accident cases are identical. This means that the specific damages you are eligible to claim after a truck accident will vary from case to case.
Identifying all the damages you can pursue is critical for recovering the full value of your claim. Fortunately, when you hire an experienced Granite Bay truck accident attorney, they’ll be able to assist you in identifying the exact damages for which you qualify. All compensatory damages are divided between the categories of economic and non-economic damages.
All monetary damages resulting from your truck accident are sorted into the category of economic damages. The economic damages most often available in truck accident cases include:
- Lost wages
- Decreased ability to earn income
- Medical costs
- Future medical expenses
- Property damage
- Modifications to your home or vehicle necessitated by your accident
Every other type of loss resulting from your truck accident belongs in the broad category of non-economic damages. The non-economic damages most often available in truck accident cases include:
- Loss of companionship
- Permanent disability
- Scars and disfigurement
- Diminished ability to enjoy life
- Pain and suffering
- Emotional distress
- Mental anguish
Punitive damages are significantly different from compensatory damages. Rather than replacing the losses suffered by accident victims, punitive damages focus on the actions taken by the liable party. A judge will award punitive damages to punish the at-fault party for the role they played in causing your accident.
Only a small percentage of truck accident cases qualify for punitive damages. These damages are reserved for situations where the at-fault party acted in a grossly negligent manner or with the intent of causing harm.
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Safety Regulations for Commercial Truck Drivers
Commercial trucking regulations set higher standards for safety than those required of the average driver on the road. If a truck driver or the company they work for fails to abide by the safety standards set forth by federal and state governments, they will be making themselves vulnerable to legal action, including both criminal charges and civil lawsuits.
Drivers can not operate large commercial trucks with a standard driver’s license. Instead, they must obtain a commercial driver’s license. Depending on the cargo they are transporting, drivers may also be required to get special endorsements, allowing them to transport dangerous materials.
Hours of service regulations also set limits on the number of hours a truck driver can be behind the wheel. These restrictions help keep tired and dangerous truck drivers off the roadways. To ensure drivers are in compliance, they must keep a written logbook that matches the black box data in their trucks. Additional rules regulate the weight of trucks and their cargo.
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Pure Comparative Negligence in California Truck Accident Cases
California uses a pure comparative negligence rule when determining a truck accident victim’s right to recover compensation. This rule allows all accident victims to pursue compensation as long as they were not 100% to blame for causing the accident. However, if you did hold some of the fault for causing your accident, the amount you can recover will be reduced accordingly.
For example, in a case where you are determined to have been 30% responsible for the crash, you would only qualify to recover 70% of the total value of your claim. In this situation, if your case is worth $100,000, the most you could recover would be $70,000.
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Contact an Experienced Granite Bay Truck Accident Attorney to Schedule a Free Case Review
When attempting to recover compensation after a truck accident, the best action you can take to ensure you recover the compensation you deserve is to hire an experienced lawyer. At Triumph Law, our team of Granite Bay truck accident attorneys has a long history of securing significant compensation for our clients, both through court rulings and out-of-court settlements.
Contact us today by phone or through our website to learn more about how we can help with a free case evaluation.
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