April 7, 2024 | Article by Matt Clark Social Share
Is my case any different if I am injured, or a family member is killed, by a truck as opposed to any other vehicle driver?
Yes. Although the same laws of negligence will apply, there are special Vehicle Code sections that apply only to commercial truck drivers and trucking companies and there are special licensing and training requirements for truck drivers which generally make truck accidents harder to defend and easier to win for plaintiffs.
Who can sue in a truck accident injury or death case?
Anyone who is injured or has had a loved one killed in a truck accident can sue as long as some other person or entity is at fault for the accident. This includes adults and children (who can sue through guardians or parents); and even truck drivers if another person or entity was at fault for the accident.
Who can be sued in a truck accident case?
Any person or entity who was at fault for causing the accident can be sued. This includes the truck driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person, or entity who in any way contributed to the accident, such as the manufacturer of one of the vehicles involved in the accident, the manufacturer of a tire that contributed to the
accident or the owner of any public or private property whose negligence contributed to the accident.
Can I still sue even if I was partially at fault for causing my own injuries in the accident?
California is a comparative fault state. A person can sue for serious Big Rig Accidents even if he or she is partially at fault, as long as he or she can prove that one or more parties are also at fault. However, the amount of a plaintiff’s recovery will be reduced by the amount of his or her fault. Therefore, if someone is awarded $5 million dollars in a serious Big Rig Accidents case, but is found to be fifty percent (50%) at fault, the recovery will be reduced to $2.5 million dollars.
Is investigation important in a truck accident case?
Yes. It is critical. If the truck was commercially owned, in most situations large trucking companies will perform their own investigation immediately after the accident. This puts you at a vast disadvantage. It is important that you retain an attorney who immediately investigates the case to attempt to pin down liability on any potential at-fault defendants.
Are expert witnesses necessary to prove fault in a truck accident case?
Usually. Unless there is no question that one party was completely at fault, a plaintiff in any serious injury or death case involving a truck should usually retain an expert. Further, that expert should have special expertise in the design, manufacture and operation of trucks and the rules of the trucking industry.
What damages can I, or the survivors of a loved one, recover in a truck accident
injury or death case?
Under California law, a seriously injured plaintiff is entitled to recover all of his or her past and future medical expenses; past and future loss of income/earning capacity; past and future pain, suffering and emotional distress and in cases in which the defendant’s conduct is particularly bad, punitive damages which are awarded to punish the defendant. If a person dies in a truck accident, the survivors can recover monetary damages for their economic losses and emotional distress damages for loss of society, love and comfort.
How soon must I bring an injury or death case based on a truck accident?
A Big Rig Accidents and/or wrongful death action, under California law, must be brought within two years of the date of the decedent’s death, if death occurred on or after January 1, 2003; and one year from the date of the decedent’s death if the death occurred before January 1, 2003. In cases against public entities, a claim must be filed against the public entity within six months from the date of death.
Do I need an attorney to litigate my truck accident case?
Yes. Unless you have a very minor injury, which is rare in truck accident cases, you will need to retain an attorney to establish liability against any potential defendants and help maximize your damage recovery.
