Truck accidents can be devastating, resulting in serious injuries and even death. If you have been injured in a truck accident in California, you may be entitled to compensation for your losses. To file a successful truck accident lawsuit in California, you will need to prove that the truck driver or trucking company was negligent. Negligence is defined as the failure to exercise the same degree of care that a reasonable person would exercise in the same situation.
Truck Accident Liability in California
In California, truck drivers and trucking companies are held to a high standard of care. This is because trucks are large and heavy vehicles, and can cause serious damage if they are involved in an accident.
If a truck driver is found to be negligent, they can be held personally liable for any injuries or damages that they cause. However, in most cases, the trucking company will also be held liable. This is because trucking companies are responsible for the actions of their employees.
Statute of Limitations for Truck Accident Lawsuits in California
The statute of limitations for truck accident lawsuits in California is two years. This means that you must file your lawsuit within two years of the date of the accident. If you fail to file your lawsuit within the statute of limitations, you will likely lose your right to sue.
How to File a Truck Accident Lawsuit in California
To file a truck accident lawsuit in California, you will need to file a complaint with the court. The complaint will set forth the facts of your case and the legal claims that you are making against the truck driver and/or trucking company.
- Once the complaint has been filed, the defendant will have an opportunity to respond. If the defendant does not respond, the court may enter a default judgment in your favor.
- If the defendant does respond, the case will proceed through the discovery process. During discovery, both parties will have the opportunity to exchange information and gather evidence.
- After discovery is complete, the case will go to trial. At trial, the judge or jury will decide whether the truck driver or trucking company was negligent and, if so, how much compensation you are entitled to.
Gaining an overview of the consequences of truck accidents and the associated lawsuits in 2023 underscores the importance of seeking justice and accountability in the face of such incidents. At Hollingsworth & Hollingsworth APC, we understand the profound impact that truck accidents can have on victims and their families, and we are here to provide expert legal guidance and unwavering support. If you or a loved one has been involved in a truck accident and is considering legal action, please don’t hesitate to contact us at (619) 374-9320.