Huntington Beach
Truck Accident Lawyer

Commercial trucks, like tractor-trailers, 18-wheelers, and semi-trucks, are large and can weigh tons, which is why accidents involving these oversized vehicles can be catastrophic. Due to the threatening nature that commercial trucks inflict on California highways, trucking companies are legally obligated to operate under a specified set of rules. Additionally, if a trucking accident occurs, the applicable laws and regulations will vary in comparison to a regular car-to-car collision.

Statute of Limitations for Truck Accidents

California laws limit how long someone has to file a claim or lawsuit against the truck driver and/or trucking company. Similar to car accidents, a trucking accident must be filed within a two-year span from the date of the crash. However, if the truck accident was caused by a government vehicle, like a USPS delivery truck, city bus, garbage truck, or fire truck, victims only have six months to file a truck accident claim. If the process has not been started in the given timeframe, then truck accident victims will be left covering all expenses. 

Determining Fault

When filing a truck accident claim, the at-fault party must be identified. What complicates matters is that fault is based on who was negligent and caused the truck accident. In this type of crash, a trucker, trucking company, loading company, or another party could be found liable. Although a truck driver is employed by a truck company, that company may not always be held responsible for an employee’s negligence. For example, if the trucker was drinking and driving, then that driver could be held solely responsible. However, if the truck driver fell asleep at the wheel because they were instructed by their employer to not take a rest break to meet a dropoff deadline, then the company could be held liable. 

Truck Licensing

Federal laws require that a special license be acquired before someone can operate a commercial truck. Referred to as a commercial driver’s license or CDL, this type of license allows truckers to transport cargo weighing an excess of 26,001 pounds or more. Passengers, hazardous waste, and vehicles that are being towed can also be transported with a CDL. There are different types of licenses that can be obtained, such as a Class A, Class B, and Class C CDL. Depending on the type of commercial license that is obtained, truckers are limited to the type of cargo they can haul. It is absolutely illegal for truck drivers to drive commercial motor vehicles (CMVs) without the proper licensing. 

Damages and Insurance Requirements

California requires all CMVs to have proof of financial responsibility in the event of a truck accident. Liability insurance for these vehicles ranges from $300,000 – $5,000,000 depending on coverage, the type of commercial vehicle, and the property that was being transported. However, this does not mean truck accident victims are guaranteed these payout amounts. Insurance of the liable party (trucker, trucking companies, etc.) should cover damages. However, they will make a strong attempt to minimize compensation by placing fault on the victims or minimizing the severity of the sustained injuries.

The early stages of what to do following a crash with a truck are similar to what to do after regular motor vehicle accidents. Following a truck accident, proceed with the following steps:

1. Move to the side of the road and out of traffic
2. Call 911 to report the truck accident to the California Highway Patrol (CHP)
3. Get a copy of the police report from the Huntington Beach Patrol Department (HBPD)
4. Take pictures of the scene of the trucking accident
5. Collect witness statements and their contact information
6. Seek medical attention even if you don’t believe you suffered severe injuries and retain all medical records, medical bills, and other invoices

Similar to a motor vehicle accident, victims will also need to exchange information with truck drivers and all other involved parties. Then, truck accident claims can be filed. However, there are further instructions involved for each process. 

Getting the Right Information

Because California is an “at fault” state and follows comparative negligence laws, multiple parties will be held responsible for their role in the truck accident if found guilty. Therefore, victims must ensure that they collect all necessary information while at the accident scene. This includes the trucker’s name, personal insurance information with the policy number, driver’s license number, the truck license plate number, and the name of the employer with a contact number. Depending on the investigation, it could be discovered that the trucking company shared fault in the truck accident, so it’s vital to make sure you have a valid way to contact them.

Filing Truck Accident Claims

California’s statute of limitations laws only allow injured victims to file a personal injury claim within a two-year span. Therefore, it’s essential to begin the claims process as soon as possible. To ensure deadlines are met and safeguard your claim, seek legal advice from a qualified truck accident attorney. Our experienced truck accident lawyer helps clients complete and file all necessary paperwork and prepare them for the questions insurance adjusters will ask. Responding to these questions before being prepped by a legal professional can severely affect your case and result in your claim being denied. We will protect you from being taken advantage of by the insurance companies.