If you’re in a vehicle accident with a truck, chances are there are some people who are liable besides the truck driver. The liable parties can include the truck or trailer owner, individual who leased the truck, manufacturer and the shipper of cargo on the truck. According to California law, you have the right to sue all individuals responsible for the truck accident.
Statute of Limitations in a California Truck Accident
You have a limited about of time to file an injury lawsuit in Orange County if you’re injured in a truck accident. You have two years from the date of the accident to file your claim in Orange County Court. If you are only seeking property damage, statute of limitations is three years from the date of the crash. If a minor was injured in the truck accident, you have two years from the time they turn 18 years old to file a lawsuit.
How to Prove Fault in a Truck Accident Lawsuit
To prove the driver, company, shipper or manufacturer was liable for the truck accident; you must show they were negligent. Negligence means the wrongful party breached their duty to you not to cause an accident. Besides causing a truck accident the wrongful party also your injuries. These injuries and property damage requires them to pay you the amount of money you’re seeking.
You can receive damages, or money, for:
• Pain and suffering
• Additional medical bills
• Property damage
• Mental anguish
• Death of a loved one caused by the truck accident
Please note that if the wrongful party was the government, different rules apply. For instance, you must file a government claim within 180 days of the truck accident. That’s why it’s important to speak to a personal injury attorney about proving negligence with a private or government party that caused your truck accident.
Comparative negligence is often a defense the wrongful party uses to decrease the amount of money they have to pay an injured party. Comparative negligence looks at the actions of the wrongful and injured parties to compare fault or blame for the accident. If the suing party was at fault, their award decreases by a percent. This means they won’t receive the full amount of the award, but they will receive something.
To learn more information about your rights in a truck accident, contact an Orange County personal injury attorney. They’ll help you get the money you need.