Call Us Now
Email Us Now
Being involved in a truck accident can be a traumatic and life-altering event. Truck accidents can cause serious physical injuries, emotional distress, and financial hardship. It’s important to understand liability in a truck accident to determine who is legally responsible for compensating you for your injuries. In this blog, we’ll cover who is liable in a truck accident, what options you have if you were injured, how compensation is calculated, who pays the compensation, and whether you can still receive compensation even if you were uninsured at the time of the accident.
Truck accidents can be caused by various reasons such as driver error, equipment failure, and poor weather conditions. In California, liability in a truck accident is determined by a legal concept called negligence. Negligence refers to a failure to exercise reasonable care to avoid injuring others. Therefore, if someone’s negligence caused the truck accident and your injuries, they are liable for the damages.
If you were injured in a truck accident, you have several options to seek compensation for your damages. You can file a personal injury lawsuit against the liable party or parties. You can also file an insurance claim against the insurance company of the liable party or parties. In California, auto insurance policies are required to have liability coverage, which covers damages caused by the policyholder’s negligence.
Compensation for truck accident injuries in California is calculated based on various factors such as medical expenses, lost wages, pain and suffering, and property damage. In general, the more serious and debilitating the injuries, the higher the compensation will be. Additionally, if the liable party acted intentionally or recklessly, punitive damages may be awarded to punish them and deter others from similar behavior.
The party who pays the compensation to the victims depends on the specific case. If the liable party has insurance, their insurance company will likely pay for the compensation. If the liable party does not have insurance, they may be personally responsible for paying the damages. In some cases, there may be multiple liable parties, such as the truck driver, the trucking company, and the equipment manufacturer.
If you were uninsured at the time of the truck accident, you may still be able to receive compensation. California has a law called comparative fault, which allows an injured party to recover damages even if they were partially at fault for the accident. However, the compensation amount may be reduced based on the percentage of fault attributed to the injured party.
Truck accidents can have devastating consequences for victims. Understanding liability in a truck accident is crucial to determine who is legally responsible for compensating you for your injuries. If you were injured in a truck accident, you have several options to seek compensation, including filing a personal injury lawsuit or an insurance claim. Compensation for truck accident injuries in California is calculated based on various factors, and the party who pays the compensation depends on the specific case. At Espinoza Law Group, we specialize in personal injury matters and can assist California residents with their truck accident cases.
