All vehicles on the road, from cars and trucks to bicycles and motorcycles, owe a duty of care to others while they are traveling. Accidents, unfortunately, happen every day, but it can still be difficult to determine who is liable when there are so many different factors at play.
This is especially true for accidents that involve trucks. Sometimes referred to as tractor trailers or common carriers, these vehicles offer transportation as a regular business and are liable for losses and injuries arising from the carriage. But trucks are not always one hundred percent liable after an accident, and cars can still cause accidents, even with vehicles much larger than they are. If you get into an accident with a truck, never assume that you are fully at fault. If a truck contributed to the cause of the accident, even only partially, you may be placed with only a small percentage of fault for the accident – if any at all.
California is considered a comparative fault state. In a comparative fault state, truck accident victims can still be awarded some type of compensation as long as they are not 100% at fault for the accident. Therefore, even if you’re determined to be partially at fault, you still have a chance at getting money to cover your damages.
If you believe that you’re partly to blame for a truck accident, never say so at the scene of the accident until you talk to a lawyer. You have the right to consult with an attorney, who will collect evidence, talk to witnesses, and contact the insurance companies involved in order to demonstrate you are not fully liable for the accident. If, come your day in court, you are deemed only partly to blame for your truck accident, you still may be able to recover compensation from the accident.
Can I Still Recover Compensation If A Truck Accident Was Partially My Fault?
Under California’s comparative negligence law, an injured accident victim can still recover compensation even when they’re partially at fault for the accident. For example, a party who is only 40 percent at fault for causing the accident will only be liable for paying 40% of the damages.
In this scenario, if a car was driving considerably over the speed limit, was texting while driving, or otherwise failed to uphold their duty of care to the truck driver on the road, you might think they hold full accountability and fault for the accident. But if the truck did not have a recent inspection on their vehicle and its brakes were not up to California state standards, this might cause them to have 40% of the fault in the accident.
As long as you are not fully at fault after the truck accident, you can seek compensation for your damages. Your attorney will seek to get compensation that covers the cost of your property damages, such as repairs to your vehicle or a vehicle replacement. After an accident, it’s crucial that you get medical care right away. Your lawyer will help you get reimbursement for these medical bills in the form of a settlement claim.
You may be unable to work after being involved in a truck accident, which can lead to lost wages. Depending on how serious your injuries are, you may be unable to work for an extended period of time, jeopardizing your financial situation. For this reason, your attorney will help you get lost wage compensation.
In many cases, trucking companies or their insurance companies may be responsible to provide you with the financial relief you need to recover from your truck accident injury. While commercial trucks may have truck drivers that overextend themselves or abuse substances while driving, their trucking company may be the ones who have to give you the payout you deserve.
How Can A Lawyer Help Me Get Compensation After A Truck Accident In California?
In a personal injury case, the jury will decide what percentage of the car driver’s negligence contributed to the damages of the accident. If the car driver was partially responsible for the accident, the compensation awarded will be reduced by their percentage of fault.
The only way to defend yourself in court and demonstrate the other party’s liability is by hiring a lawyer and building a strong personal injury case. With the help of a lawyer, you can examine the evidence and demonstrate the ways in which the accident was caused by the truck driver. It can be difficult to stand up to big trucking companies on your own, especially if you don’t have knowledge of California truck accident law.
At The Accident Network Law Group, you pay no fees unless we win your case. Our team of attorneys will take the time to explain all of your legal options before you, and will make sure that you feel confident and understood throughout the entirety of the legal proceedings, and will do everything in their power to secure you the compensation you need in the quickest way possible.
Schedule A Free Consultation With The Accident Network Law Group If You Have Suffered A Truck Accident In California
Truck accidents can be scary, and it’s hard to deal with the aftermath of an accident all by yourself. Since California is a comparative fault state, it’s important to remember you can still recover damages from the accident even if you are partially to blame. Always talk to a lawyer before you assume you can’t get a settlement. Our team of attorneys have worked with thousands of truck accident and car accident victims in California, and will fight for your right to earn what you rightfully deserve.
If you think you are partially to blame for a truck accident, contact The Accident Network Law Group as soon as possible. We offer a free, no-obligation consultation to any California accident victim in need of legal help. We have offices in Costa Mesa and Riverside and, remember, you pay no fees unless we win your truck accident case.