Best Truck Accident Lawyers of 2024 in Fresno, California – Forbes Advisor

When filing a truck accident lawsuit in Fresno, you need to be aware of California car accident laws that may impact your case. Truck accident cases generally fall under personal injury law, but they can be complicated due to the involvement of multiple parties and various liable individuals and entities.

CA Statute of Limitations for Truck Accident Cases

The statute of limitations determines how long you have from the date of your injury to file your lawsuit. If you wait too long, you may jeopardize your ability to apply because the deadline to submit an application has already passed.

For truck accidents in Fresno, you typically have two years from the date of the accident to file your lawsuit. This does not mean that the case needs to be resolved in two years, as most truck accident cases take much longer.

CA Laws for Truck Drivers

California has special laws for truck drivers. Here are some laws that truck drivers must be aware of.

• Required for Federal Motor Carrier Safety Administration (FMCSA) compliance. California requires all truck drivers and trucking companies to comply with FMCSA guidelines. The FMCSA imposes the following requirements:
  • Mandatory truck driver protocols. FMCSA regulations require truck drivers to keep an electronic log of their transportation behavior. This means they log when and where they stop and how often they take rest breaks.
  • Required Inspections. Truck drivers must regularly inspect their trucks for worn parts and damage to avoid serious safety issues.
  • Restrictions on hours. Truck drivers are not permitted to drive after serving 80 hours in a period of eight consecutive days.
• Liable persons. In a truck accident claim in California, multiple parties could be liable. Here is a partial list of possible liability parties:
  • Truck driver
  • Freight forwarding companies
  • Truck mechanic
  • Cargo loader
  • Truck manufacturer
  • Government agencies
• Damage caps. When it comes to truck accident claims in California, there are no caps on the compensation you can receive unless you are drunk or uninsured. Uninsured drivers are not entitled to compensation for pain and suffering, regardless of fault. However, if the other driver is under the influence of alcohol or drugs, the uninsured driver can claim compensation if they are not at fault.

Identifying Faults in California Truck Accidents

Determining fault in a truck accident is important because it determines legal responsibility for damages and injuries caused by the collision. The person who caused the damage is generally liable for compensation for the injured party.

Typically, the evidence determines fault in a truck accident or a car or motorcycle accident. Evidence may include police reports, witness statements, expert testimony, truck black box data, photo and video images, driver logs and records, and input from accident reconstruction experts.

California follows a purely comparative negligence model when it comes to truck accidents. This model requires that the court determine each party was negligent and adjust the damages award accordingly. If you are found to be 75% responsible for an accident, you will be entitled to reimbursement of 25% of the total damages. This system allows a party to recover damages regardless of the extent of their fault, but the amount of damages is reduced depending on the percentage of fault.