Call 911, seek medical attention, and photograph the truck's license plate, DOT number, and all visible damage. Do not give a recorded statement to any insurance company before speaking with a truck accident attorney. Evidence like electronic logging device data and dashcam footage can be overwritten quickly, so contacting a lawyer early is critical.
Two years from the date of the accident under CCP 335.1. If a government entity is involved, a separate six-month deadline applies under California Government Code 911.2 to file a formal tort claim before any lawsuit can proceed.
The truck driver, the trucking company, the cargo loading company, the maintenance provider, and the manufacturer of defective parts can all share liability. Under respondeat superior, the trucking company is liable for its driver's negligence when the driver was acting within the scope of employment.
It depends on the severity of injuries, medical costs, lost wages, and pain and suffering. Truck accident cases involving catastrophic injuries like TBI, spinal cord damage, or wrongful death carry higher values. California law allows both economic and non-economic damages, and punitive damages may apply in cases involving willful misconduct under Civil Code 3294.
Yes. California follows pure comparative fault, so you can recover compensation even if you share some responsibility. Your damages are reduced by your percentage of fault.
An hours-of-service violation is strong evidence of negligence and can anchor the entire truck accident claim. Electronic logging device records, which trucking companies are required to maintain, often reveal these violations.
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Traumatic brain injuries, spinal cord injuries, multiple fractures, internal organ damage, severe burns, crush injuries, and wrongful death. These catastrophic injuries require long-term care and rehabilitation, and compensation must account for the full lifetime cost.
Truck accident cases involve federal regulations, multiple liable parties, and corporate legal teams that standard car accident claims do not. A truck accident attorney knows how to preserve ELD data, identify every responsible party, and counter the resources the trucking company's insurer will deploy against you.