California act as a major hub for international trade. Every day thousands of trucks travel on California roadways. Small negligence on behalf truck driver results in massive damage to life and property of other drivers. In case you get involved in a road accident with a commercial truck consulting a truck injury Attorney should be on your priority list. For a person who does not have any idea about California’s truck accident law handling the claim procedure or filing the case will be quite complex.
Whether you are a victim of the accident or the truck driver who is partly at fault, you should have a clear understanding of what to do post-accident. This can make lots of difference if you are looking forward to filing an insurance claim or compensation for your losses.
Call the authorities: If anyone gets hurt then call 911. Otherwise, call law enforcement authorities. If there are no major injuries, then do not to leave the accident site. In truck accidents, reporting the accident with Law enforcement authorities is important. The authorities will file a report. Often, the employers of the truck driver will share the responsibility with him. Give a call to your insurance agency ASAP.
As per Section 17150 of California Vehicle Code: vehicle owners, including businesses, are liable for damages caused by anyone operating their vehicle.
As per Section 2004 of the California Vehicle Code: requiring the filing of accident reports
Collect information: California truck accident laws require the motorist to provide the following information:
Driver’s name and address
Vehicle insurance and registration details
As per Section 2003 of the California Vehicle Code: describing additional information to be provided after an accident as well as the duty to render aid to those injured
Collect evidence: Take photos of the crash site. Take photos of the damaged vehicles, skid marks, street signs, street photos from various angles, traffic lights, etc. If there are any witnesses, collect their information (name, address and phone number). This evidence may turn out to be very helpful at the time of claim settlement.
DMV Report: California truck accident law requires all the parties to submit a report under the given time. The time given for report submission is 10 days from the day of the accident. However, under a certain condition like a major injury, physical damage exceeding $1000, or death, the duration for report submission may get exceeded. Reports in such cases need to be submitted with the State Department of Motor Vehicles. In case you hire a truck injury attorney, then he can submit the report to the concerned authorities.
Contact an auto accident attorney: No matter whether you are the truck driver, the driver of other vehicles which were involved in an accident or the passenger, it is advisable to contact a good lawyer. A truck accident lawyer can guide you regarding all the options available. In case you are a victim then you may use his advise regarding claim settlement and recovering damage from concerned parties.
Who is liable?
Parties involved in the truck accident victim, as well as the party at fault, may have the right to claim damage from more than one party. A law attorney may help you in identifying the potential parties from which you can claim recovery of your damages. Some of the possible parties which get involved in accidental cases include:
Government agencies: Name of various government agencies frequently come up in accidental truck lawsuits. Accident victims could claim their damages from government agencies if the crash occurred due to reasons other than driver’s mistake like faulty traffic lights, missing road signs, bad roads, etc.
Supplier of the cargo: Victim can claim damages from the cargo supplier if the load carried by truck turns out to be the major cause of the accident. For example: in case of improper loading, the goods may shift in the truck which may result in sudden unbalancing of the truck.
The technician or mechanic: if the accident is caused because of an operational failure, then the garage or individual should be checked.
Consult Professionals for Truck Accident claims:
While filing the case, understanding of the law is very important. An experienced law firm will be of great help. They will not only give correct advise but will also help you in settling your claims.