When a passenger vehicle collides with a commercial truck, the driver of the smaller vehicle will likely take the brunt of the damage. Due to their significant size and weight, paired with the fact that these vehicles often carry dangerous cargo, the danger that commercial trucks pose is substantial. You could be entitled to compensation if you suffered an injury in a collision.
At Triumph Law, we are well aware of the difficulties faced by truck accident victims. Our team of commercial truck accident lawyers in Marysville has helped our clients recover significant compensation from those responsible for their damages. Use our chat tool, fill out our online contact form, or give us a call today to schedule a free case review with a member of our team.
Make Sure You File Your Truck Accident Lawsuit Before Time Expires
When pursuing compensation through a truck accident lawsuit, you need to know the filing deadline that applies to your case. In California, accident victims have up to two years to submit the paperwork necessary to sue the liable party. If this deadline passes before you take action, you will likely forfeit your right to claim damages.
However, exceptions to the standard deadline could allow you to file even if the deadline set forth by the personal injury statute of limitations has passed. At the same time, there are cases where the deadline shifts in the other direction, leaving you with far less than two years to take legal action.
The best way to protect yourself against an unanticipated deadline is by hiring an experienced truck accident attorney in Marysville as soon as possible after your collision. Your lawyer will be able to determine the exact deadline that applies to your case and ensure that all paperwork is ready and filed long before the deadline.
Commercial Truck Drivers Face Increased Safety Standards
When operating a commercial truck, drivers and trucking companies are held to higher safety standards than other drivers on the road. This is because these vehicles pose a much greater danger than the average passenger car. If a truck driver or trucking company fails to abide by federal or state safety regulations, they open themselves up to legal action.
Obtaining a commercial driver’s license (CDL) is essential for all commercial truck drivers. Further endorsements on the license are also required if the truck driver will be transporting various dangerous cargo.
Truck drivers must also follow strict hours of service regulations. These rules help to keep drowsy and dangerous truck drivers off the road. Truckers are required to complete a written log, as well as carry a black box in their vehicle to ensure they are in compliance. There are also strict weight limits for commercial trucks and their drivers.
California Uses Pure Comparative Negligence When Evaluating Fault
In California, a pure comparative negligence rule comes into effect when assessing fault after a truck accident. According to this rule, anyone who incurred damages in a truck accident is entitled to pursue compensation as long as they were not 100% at fault for the accident.
However, if you were partially responsible for the accident, the amount of compensation you can collect will be reduced by your liability level. For example, if it is decided that you were 10% to blame for your accident, you will only be able to recover 90% of the total losses you incurred. That means that if your case is worth $100,000, you can claim $90,000.
Damages You Can Claim After a Marysville Truck Accident
After a truck accident that results in serious damages, there are several different damages you will likely be eligible to claim. The specific damages available after a truck accident vary from case to case. To recover the full compensation to which you are entitled, it is essential that you identify all the damages that apply. Fortunately, an experienced truck accident lawyer can help.
All compensatory damages available after a crash can be divided into the categories of economic and non-economic damages.
Every financial loss you sustain as a result of your truck accident belongs in this category. The economic damages most frequently collected in truck accident cases include:
- Medical costs
- Future medical bills
- Property damage
- Modifications to your home or vehicle necessitated by your accident
- Lost wages
- Lessened ability to earn income
Every other type of loss caused by your truck accident is sorted into this broad category. The non-economic damages most frequently collected in truck accident cases include:
- Permanent disability
- Scars and disfigurement
- Pain and suffering
- Mental anguish
- Loss of companionship
- Emotional distress
- Diminished ability to enjoy life
Unlike compensatory damages, punitive damages are not used to replace losses sustained by the accident victim. Instead, the purpose of punitive damages is to punish the liable party for the role they played in causing the accident to occur with the aim of discouraging similar behavior in the future.
Punitive damages are not available in the majority of truck accident cases. These damages are reserved for extreme situations involving intentional harm or gross negligence.
Get a Free Consultation From an Experienced Truck Accident Lawyer in Marysville Today
When pursuing damages after a truck accident, hiring an experienced attorney will significantly improve your chances of recovering the compensation you need and deserve. When choosing a lawyer, you want to go with a firm that has experience handling cases similar to yours and a proven track record of getting their clients the money they need and deserve.
At Triumph Law, our team of truck accident attorneys in Marysville has helped countless accident victims recover fair compensation, both through out-of-court settlements and court rulings. We have secured millions of dollars in damages. Contact us today to schedule a free case review.
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