Who Is Responsible For My Truck Accident Injuries?
In California, any person who contributes to the cause of an accident can be held financially responsible for any injuries that result. Since there can be so many different causes of truck accidents, it follows that there can also be a few different potentially liable parties.
Truck drivers have an obligation to drive their large trucks with as much caution as possible. In fact, before a truck driver can even legally drive they must obtain a commercial driver’s license and receive specialized instruction. When truck drivers are on the road and traveling long distances, they are legally required to stop once every few hours. If truck drivers breach their duty of care to others on the road, they can be held financially responsible for resulting injuries.
Truck Driver Employers
Companies that employ truck drivers have an obligation to make sure that their drivers are properly trained and driving safely. If an employer fails to train, oversee or instruct their driver and an injury results, that employer can be held financially responsible.
Truck owners must make sure that their vehicles are fit for the road. If an owner fails to inspect, maintain or fix a truck, he or she can be on the hook for any resulting damages.
Companies that design, manufacture and sell trucks can be held strictly liable for any defects that result in injuries. If a truck is sold with defective tires or faulty brakes, the company (or companies) responsible for putting that unsafe truck on the road can be held responsible.
Truck drivers do not operate in a vacuum. Instead, they travel on roads among other vehicles. All drivers on the road — not just those operating trucks — have an obligation to drive safely. When other drivers become aggressive or get distracted and cause an accident, they can be held financially liable for resulting injuries.
Orange County, local city governments and the state of California must prove that roads and highways are free from dangerous conditions. If a government agency knows (or should have known) about a dangerous road condition but fails to take reasonable steps to fix that hazard, it can be held liable for resulting injuries.
What Is The Statute Of Limitations In Truck Accident Cases?
If you’ve been injured in an Orange County truck accident, you may have the right to file a personal injury lawsuit against the person (or people) responsible for your injuries. However, you do not have an unlimited amount of time to file a claim. In California, the statute of limitations for most personal injury claims is two years from the date of an accident. If you do not file your claim within this period of time, you will be prevented from getting the money you really need.
There are certain times when the statute of limitations will be accelerated or extended. It is important to consult with an experienced truck accident attorney immediately after your accident to make sure that your claim is filed before the statute of limitations expires.
What Damages Are Available In My Truck Accident Injury Case?
If you’ve been injured in a truck accident, you may be entitled to recover monetary damages. These damages are generally divided into two distinct categories: economic and noneconomic.
Economic damages are awarded to compensate for the financial losses you’ve endured because of an injury. In other words, these damages should put you back in the financial position you would have been if the accident had never happened. Examples of economic damages include:
- Hospitalization costs
- Surgery costs
- Medication costs
- Rehabilitation costs
- Nursing care costs
- Lost wages
- Reduced earning capacity
Economic damages are limited to your present and projected future financial losses.
Some injuries may not have a direct financial effect on your life. Noneconomic damages are awarded to compensate you for these subjective and difficult-to-value injuries. Examples of noneconomic damages include:
- Pain and suffering
- Emotional trauma
- Disfigurement and scarring
- Loss of enjoyment of life
Call a lawyer to learn more about filing a trucking accident lawsuit.
Get A Free Case Evaluation Tailored To Your Case
At the Law Offices of John Rapillo, we understand each case is unique. We provide personalized legal representation for you every step of the way. Call us at 949-652-2604 or reach out to us online to schedule your free case evaluation.