What To Do After A Truck Accident

After a truck accident in California, prioritize your safety, get medical care, and gather evidence at the scene. Report the crash to local authorities and your insurer.

Finally, learn how the state’s negligence law applies to your situation. Even if you share some fault, you may be eligible to file a claim and pursue compensation for your losses. Acting quickly and carefully can help protect your health, well-being, and legal rights.

What Are The Steps To Take After A Truck Accident In California?

To navigate the aftermath of a truck accident, you can take these steps:

Prioritize Safety And Get Medical Help

Call 911 immediately and wait for first responders to arrive. Only move yourself or others if there’s immediate danger, such as oncoming traffic. Let emergency personnel move people with serious injuries.

If you’re not taken to the hospital, visit a doctor on your own as soon as possible. Do this even if you feel fine. Some injuries, like internal bleeding or brain trauma, may not be evident at first. Prompt medical care can also create records that support your claim.

Notify Law Enforcement

Report the accident to the police, especially if there are injuries or significant property damage. Stay at the scene or tell dispatch your location if you need to move to safety. When officers arrive, provide a clear, factual account of what happened.

In California, you must also fill out the SR-1 form to report accidents involving injuries, deaths, or over $1,000 in property damage to the DMV. This has to be done within 10 days of the crash. Afterward, obtain copies of this form and the police’s official accident report for your records.

Collect Evidence At The Scene

If you are physically able, gather information at the scene. Supporting evidence can strengthen your claim by proving how the truck accident happened and who caused it. You can collect:

• Driver and Vehicle Information
  • The names and contact information of all drivers involved.
  • Driver’s license numbers.
  • License plate numbers.
  • Insurance details for all parties.
• Photographic Evidence
  • Wide-angle photos showing the position of all vehicles.
  • Close-up photos of vehicle damage.
  • Photos of road conditions, skid marks, traffic signs, and weather conditions.
  • Pictures of any visible injuries.
• Witness and Video Evidence
  • The names and contact information of witnesses or bystanders.
  • Written or recorded witness statements, if possible.
  • Any available dashcam or surveillance footage from nearby vehicles, as well as intersections or private properties with CCTV cameras.

Only attempt to gather evidence if you are uninjured and not in pain. If you are hurt, prioritize medical care. Allow law enforcement and emergency responders to handle documentation.

Maintain Detailed Records

Thorough documentation can help you demonstrate your injuries, losses, and need for compensation. You can prepare for insurance or legal proceedings by keeping all records related to the accident, including:

• Medical bills, doctor visits, prescriptions, and rehab receipts.
• Repair estimates and receipts for property damage.
• Records of lost wages or time off work.
• Transportation or other out-of-pocket expenses.
• All correspondence with insurers (including claim numbers and representative names).
• A personal journal of your symptoms, recovery, and emotional state.

Report The Accident To Your Insurer

Notify your insurance company as soon as possible after a truck accident. Only provide factual details about what happened. Avoid:

• Admitting fault in any form.
• Speculating about what or who caused the accident.
• Disclosing details about your medical history that you aren’t required to share.

Keep your communication concise and refer other insurer inquiries to your attorney. Additionally, avoid posting about the accident on social media. What you say to insurers and share online may be misinterpreted and potentially reduce the value of your claim. By avoiding making unnecessary statements, you can preserve your right to pursue compensation.

Understand How Negligence And Fault Apply

Negligence is a key concept in any truck accident case. It means that someone failed to act with reasonable care to keep other road users safe. As a result, they caused the accident and your injuries.

Examples of negligent actions that can lead to truck accidents include:

• Drivers who break traffic laws, such as by running a red light.
• Trucking companies that skip required vehicle maintenance.
• Cargo loaders that fail to secure shipments properly.
• Manufacturers that produce faulty parts, like brakes

If you can establish the at-fault party’s negligence, you can file a claim against them. California law may hold them responsible for covering your damages.

Notably, more than one party can be at fault for a truck accident. In these cases, liability can depend on:

• Employer-employee relationships
• Truck maintenance responsibilities
• Regulatory compliance

Investigators may review evidence such as driver logs, inspection records, and company policies. These findings can help them determine whether one or more parties failed to comply with required safety standards.

It’s also possible for injured victims to share blame for a truck crash. California follows a pure comparative negligence system. Under it, you can still pursue compensation. However, any potential award can be reduced by your percentage of responsibility.

For example, suppose your damages amount to $100,000. If a court finds you 20% at fault, it will reduce your potential award to $80,000.

Track Deadlines For Claims Or Lawsuits

Truck accident victims may need to file a lawsuit if settlement negotiations fail. If so, they must meet California’s statute of limitations. It generally gives them two years from the date of the accident to sue the responsible parties. For property damage claims (such as damage to your vehicle), the statute of limitations is three years from the date of the crash.

These deadlines encourage victims to prepare and pursue claims while the evidence is still fresh. That way, courts can review cases based on accurate information. The statute of limitations also protects at-fault parties from facing outdated claims. As such, you may lose your right to seek compensation if you don’t file a case on time.

Some situations may extend or “toll” the statute of limitations:

• The Victim is a Minor — The deadline starts when they turn 18.
• Injuries Aren’t Immediately Apparent — The statute of limitations begins when an injury is discovered or should have been discovered.
• The Responsible Party Leaves California — Time spent out of state may not count.
• A Government Vehicle or Employee is Involved — Victims must first file an administrative claim with the appropriate government agency within six months.

Consult An Attorney

Generally, you can pursue insurance claims on your own. However, truck accident cases are often more complicated than those that only involve cars. Consulting an attorney can help you understand the legal process and how you can protect your interests.

You may need a personal injury lawyer for a truck accident case if:

• You have serious or permanent injuries.
• Multiple vehicles or parties are involved.
• There are disputes over fault.
• The insurer denies or undervalues your claim.
• You need a spoliation letter to preserve key evidence (e.g., black box data).

An experienced truck accident lawyer can also:

• Assess your case and establish liability.
• Explain your legal rights and options.
• Gather and preserve crucial evidence.
• Calculate and document your damages.
• Negotiate a settlement with insurance companies.
• Represent you in court if necessary.

Frequently Asked Questions About California Truck Accidents

After a truck accident in California, you may have questions regarding the insurance and legal processes involved in pursuing compensation. Here are answers to some of the most common concerns victims have after these crashes.

How Much Are Most Truck Accident Settlements?

Truck accident settlements vary widely depending on the facts of the case. Injury severity, disputed fault, available insurance coverage, and documented losses can all influence the amount of compensation you can pursue.

How Long Does It Take To Settle A Truck Accident Claim In California?

Settling a truck accident claim in California can take anywhere from a few months to several years. Straightforward cases may resolve quickly. By contrast, those involving serious injuries, multiple parties, disputes, or a trial often take longer to settle.

What Kinds Of Compensation Can I Seek In A Truck Accident Case?

California law allows injured victims to seek damages after a truck accident. The types of compensation they can pursue will depend on how the crash and their injuries impacted their life:

• Economic Damages — These cover the direct financial costs resulting from the accident, such as:
  • Medical expenses and doctor visits.
  • Future treatment costs, such as chiropractic care.
  • Lost wages.
  • Loss of future earnings.
  • Funeral and burial costs (for wrongful death cases).
• Non-Economic Damages — These losses are difficult to quantify. They can include:
  • Pain and suffering.
  • Loss of companionship (for spouses and registered domestic partners).
  • Reduced quality of life (due to permanent disabilities or changes to your lifestyle).
• Punitive Damages — In rare cases, courts may award these damages. They aim to punish at-fault parties who act with malice, fraud, or extreme negligence.

What Happens When A Truck Driver Has An Accident In California?

They are legally required to stop right away, check for injuries, and provide assistance if needed. A trucker must also exchange contact and insurance information with everyone involved. If the accident results in injuries, death, or significant property damage, they need to report the incident to the DMV.

Is It Necessary To See A Doctor If I Don’t Feel Much Pain After Being In A Truck Accident?

Yes. Some injuries may not show symptoms immediately. A medical evaluation can catch hidden issues before they worsen. It can also create documentation that directly links your injuries to the accident. This record could help address disputes caused by pre-existing health issues or delayed symptoms.

Are There Any Differences Between A Car Accident And A Truck Accident Case?

Car crashes typically involve one at-fault party, simpler evidence, and fewer damages. In contrast, truck accident cases often involve multiple at-fault parties. They may also cause extensive losses and more severe injuries.

Commercial truckers, companies, cargo loaders, and even parts manufacturers must comply with both federal and state regulations. Examples include hours of service rules and driver qualification requirements. Multiple parties may cause an accident by violating these rules, complicating negligence analysis and settlement negotiations. Unlike in car accidents, investigators may also review additional evidence, such as electronic logging devices, black box data, and inspection records.

How Much Does It Cost To Hire A Truck Accident Lawyer?

The cost of hiring a lawyer depends on the complexity of your case. However, an attorney may charge more for truck accident claims because they often involve extensive case preparation, multiple at-fault parties, and complicated settlement negotiations. A lawyer’s fee arrangement can also affect costs. Many personal injury attorneys, including those at AK Law, work on a contingency fee basis.

One common question about this arrangement is, “Do lawyers only get paid if they win?” The answer is generally yes. Hiring an attorney who uses this payment structure won’t cost you anything up front. You only have to pay them if they recover compensation for you. If your case isn’t successful, you don’t owe them legal fees.

Get Legal Guidance After A Truck Accident

After a truck accident in California, the steps you take can impact your health and potential compensation. Gather as much information as possible at the scene and seek medical attention. Report the crash to the authorities and your insurer. Finally, consult a lawyer to learn whether you have a case and can start the claims process.

However, keep in mind that missing crucial legal deadlines could bar you from pursuing compensation. Seeking free accident lawyer advice can help you clarify time frames, liability, and insurance issues. An attorney can also help you manage your claim more efficiently.

Arash Law evaluates cases arising from truck accidents and offers legal support throughout the claims process. You can schedule a free initial consultation by calling (888) 488-1391.