Commercial trucks pose a significant risk to others on the road. These vehicles have the potential to inflict substantial harm due to their immense size and weight, accompanied by the fact that some of these trucks are transporting dangerous cargo. If you were injured in an accident with a commercial truck, you may be entitled to recover damages.
At Triumph Law, we know how challenging it can be to get your life back on track after a serious accident. Our team of Woodland personal injury lawyers has helped countless accident victims get the money they need to rebuild after a crash. Contact us today by phone or through our website to schedule a free case evaluation with a member of our legal team.
Safety Regulations That Apply to Commercial Trucks
Commercial truck drivers and trucking companies are held to a higher standard of safety than other drivers on the road. If truck drivers or their employers fail to abide by these regulations, they could open themselves up to legal action in the form of criminal charges and civil lawsuits.
All commercial truck drivers are required to obtain a commercial driver’s license. Depending on the cargo being transported, the driver may also need special endorsements on their license allowing for the transportation of various dangerous materials.
Additionally, truck drivers are required to follow strict hours of service regulations. To ensure the driver is complying with these limits on service hours, they must keep a written logbook, as well as carry a black box in their truck to record data about their driving. The truck and its cargo must also not exceed set weight limits.
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(916) 500-0000Pay Attention to the Filing Deadline When Pursuing a Truck Accident Lawsuit
When attempting to recover damages through a truck accident lawsuit, it is essential that you know the personal injury statute of limitations for the state in which you are filing. California law allows accident victims to file a lawsuit up to two years after the date of their accident. Failure to meet this deadline will likely result in the loss of your right to pursue compensation.
However, you must understand that the deadline set forth by the statute of limitations can be altered in some cases. The details of your case could allow you to file a truck accident lawsuit long after the standard cutoff date. Alternatively, you could find yourself in a position where the time you have to file is greatly reduced.
To avoid losing your right to recover damages after an accident due to an unexpected deadline, you should contact an experienced truck accident lawyer shortly after your accident. Your attorney can help you identify whether there are any alterations to your filing deadline and submit the required paperwork long before time runs out.
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Pure Comparative Negligence Rule in California
When evaluating fault after a truck accident in California, a pure comparative negligence rule comes into play. Under this rule, any accident victim can pursue damages as long as they were not 100% at fault for the crash. However, if you do hold a level of liability, the amount of money you can recover will be reduced at a rate proportional to your level of responsibility.
For example, if you are determined to have been 30% at fault for the truck accident, you will be eligible to recover 70% of the damages you sustained. In this case, if your damages amount to $100,000, you can only make a claim for $70,000.
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Damages Available Following a Truck Accident in Woodland
If you suffered damages in a Woodland truck accident, you can pursue various damages. However, it is important to remember that no two truck accidents are the same. That means that the specific damages available will vary from case to case. Identifying all the damages you qualify to collect is essential for recovering the full value of your claim.
All compensatory damages are sorted into the categories of economic and non-economic damages.
Economic Damages
Every monetary loss caused by a truck accident belongs in the category of economic damages. After a commercial truck accident, the economic damages most often recovered include:
- Medical bills
- Future medical bills
- Lost wages
- Diminished ability to earn income
- Property damage
- Modifications to your vehicle or home necessitated by your accident
Non-Economic Damages
All other losses resulting from your accident belong to the category of non-economic damages. After a commercial truck accident, the non-economic damages most often recovered include:
- Mental anguish
- Loss of companionship
- Diminished ability to enjoy life
- Emotional distress
- Permanent disability
- Scars and disfigurement
- Pain and suffering
Punitive Damages
In contrast to compensatory damages, punitive damages are not awarded to replace losses incurred by accident victims. Instead, the focus of these damages is on punishing the liable party and discouraging similar behavior in the future.
Punitive damages are not awarded in most truck accident cases. Instead, these damages are limited to extreme cases, where actions intended to cause harm or gross negligence were the cause of the accident.
Schedule a Free Case Evaluation With an Experienced Woodland Truck Accident Attorney Today
Attempting to represent yourself as you pursue compensation after a truck accident is unlikely to yield favorable results. You should keep in mind that even lawyers hire other lawyers to represent them in their own legal matters. When choosing an attorney, you should look for a law firm with experience handling cases similar to yours and a history of winning.
At Triumph Law, our team of truck accident lawyers has secured millions of dollars in damages for our clients. We have a history of getting our clients the money they need both through out-of-court settlements and court rulings in our favor. Reach out to us today by giving us a call, completing our online contact form, or using our chat tool and schedule a free consultation.