Best Truck Accident Lawyers Anaheim, CA Of 2024 – Forbes Advisor – Technologist

Filing a truck accident lawsuit in California is relatively easy. California has some of the most generous personal injury laws, placing minimal roadblocks between a plaintiff and compensation. Plaintiffs should still, however, hire an Anaheim truck accident lawyer before pursuing a case.

While California laws may not hinder plaintiffs, the legal system is still quite complex. Many plaintiffs are unlikely to understand the differences between economic damages (costs and expenses incurred due to an injury) and noneconomic damages (compensation for pain and suffering).

An experienced Anaheim truck accident lawyer will help their clients navigate the legal system smoothly.

California Statute of Limitations for Truck Accident Cases

The statute of limitations is a regulation that limits how long a plaintiff may wait to file a California personal injury lawsuit after suffering an injury. In California, a claimant may file a lawsuit up to two years after getting hurt.

While this law does not explicitly place a time limit on insurance claims, it does so in effect. There is no way to force an insurance company to pay compensation once the statute of limitations has run out.

Thus, a claimant needs to act quickly when they have a truck accident claim, regardless of whether they are filing a lawsuit or pursuing an insurance claim.

California Laws for Truck Drivers

Several California laws can impact truck accident lawsuits and insurance claims. Truck drivers need to be aware of these laws to protect themselves in the event they are involved in an accident.

Claimants also need to be aware of these laws before pursuing damages, but typically, their Anaheim truck accident lawyers will explain them before they pursue any legal options.

• Pure comparative negligence. California applies a pure comparative negligence standard to personal injury lawsuits. If the plaintiff is partially responsible, they can still receive damages from a lawsuit. Those damages are prorated based on the percentage for which the plaintiff is responsible.
• Uninsured drivers. If a driver is uninsured, they may seek only economic damages from a lawsuit. Uninsured drivers can never receive noneconomic damages after a truck accident.
• Criminal activity. If a driver was engaged in criminal activity when they got into a truck accident, they can’t receive noneconomic damages for their injuries. Thus, if the driver was fleeing police, for example, even if the truck driver was liable, they could get compensation only for economic damages.

Identifying Fault for Truck Accidents in California

California uses a fault-based system for auto insurance. This means that the insurance company of the driver who is at fault is responsible for compensating the driver who was not at fault.

As previously noted, though, California uses pure comparative negligence. Thus, if a driver was 10% at fault, the insurance company of the other driver would cover 90% of their compensation, and their insurance company would cover the remaining 10%.

This can create some complicated scenarios. More importantly to most drivers, it allows insurance companies to dispute how much an individual driver is at fault, potentially leaving them on the hook for expenses that neither company will cover.

One of the ways that an Anaheim truck accident lawyer can help is by determining fault. Typically, an Anaheim truck accident lawyer will independently investigate an accident to collect evidence of which party is responsible.

An experienced lawyer will talk to witnesses, examine the log books of the truck driver, examine the black box of the truck and find any relevant physical evidence.