If you have been hurt in a truck accident, you may be entitled to compensation for medical bills and other damages. However, there may be many factors to consider when pursuing a truck accident case in California. For example, there may be multiple parties who are potentially liable for damages that you have incurred. Furthermore, you may be partially liable for causing the crash as well.
Determining fault in an accident
Let’s say that the truck driver was under the influence of alcohol at the time of the crash. In such a scenario, the operator would likely be negligent in causing the wreck to happen. However, if the truck’s brakes were defective, the company that made the part could also be a defendant in your case if the defective brakes played a role in the crash.
Your actions matter
A failure to yield is a failure to yield regardless of what the truck driver did before the crash. In other words, the actions of others don’t excuse your negligence in a car or truck accident case. Typically, any financial award you receive will be reduced relative to your liability. For instance, if you are deemed to be 10% liable for the crash, your award will be reduced by 10%.
Calculating damages
Actual truck accident damages are relatively easy to calculate because they have already been incurred. However, awarding lost future earnings may be more challenging because you can’t predict how your career would have played out if you weren’t hurt in a crash. Damages for emotional distress may also be harder to calculate as there is no way to predict how long it will take to overcome it.
In California, you typically have two years from the date of your accident to file a lawsuit. However, it may be possible to settle the case outside of court before or after taking such a step. The statute of limitations clock may toll if the crash happened when you were a minor.