Life in San Diego is wonderful. As a resident, you can soak in its perfect weather, craft beer, and popular attractions. When everything goes right in your life, you find this city paradise. Unfortunately, this city is also not flawless, particularly when you look at its traffic and rate of accidents. You must have seen news of trucking accidents and the resulting catastrophic injuries. Those scenes can be heartbreaking. While you are safe right now, you cannot rule out the possibility of the same thing happening to you or your loved ones. How you handle everything can make a massive difference to your situation, even after a mishap. Here is some critical knowledge to alert you about your position in such events.
- Truck Accident Lawsuit
Road accidents involving commercial trucks are not the standard car accident types. They follow a different set of rules and regulations. In California, a victim can file for personal injury within two years of the accident or one year after learning about the injury on a particular date. Please focus on the latter part of the sentence. It implies that a victim can recover damage from the truck accident case even after three years if he faces spinal damage. However, your personal injury lawyer must understand the legal nuances to get justice. They can vigorously represent your interests with their knowledge of truck driver laws. One of the regulations suggests that drivers can work for only specific hours of the day under safety requirements. Driver must be 18 years old to drive in California and 21 to navigate interstates.
Truck drivers also have to follow strict alcohol limits. Their blood alcohol levels must remain 0.04 or lower, although non-commercial drivers are allowed to have more. Drivers must keep their trucks in good condition during, after, or before driving.
- Truck Crash Fault
California has implemented the at-fault legal system in US jobs workers in accident matters. That means a victim’s damage claim can vary based on his level of liability in the collision. If you are 10% responsible for the crash, you can recover up to 90% of the total damage claim. In this context, one must also learn about comparative negligence. Other states prohibit victims from collecting compensation if their liability in the accident was 51% or more.
However, California lets you claim damage even if you were primarily responsible for the crash. Suppose you are found to have 99% of the responsibility for the accident. You can still be eligible for up to 1% damage claim. These scenarios become complicated. A judge or jury remains in charge of the decision. If you get the right attorney, they can fight on your behalf with solid information and make you eligible for the higher side of compensation.
Most people avoid going to the court for compensation. You may also want to know whether it is mandatory to visit one. Fortunately, settlement is an option. Your lawyer can negotiate well with the at-fault party to get you a suitable amount of damage. If it doesn’t happen, they can represent your case in the courtroom, safeguarding your best interest. So, find a reliable local advocate for your needs if you ever get into trouble.
