San Rafael Truck Accident Attorneys

California Truck Accident Laws and Regulations

Under federal law, California truck drivers are limited by “hours of service” rules. These rules place a strict limit on the amount of time that truck drivers can be behind the wheel based on the type of truck and what it is transporting. Once truck drivers have reached that limit, they are required by law to rest for a specified period of time.

Too often, trucking companies incentivize drivers in ways that encourage them to break hours of service rules. They may set targets that are impossible to meet unless a driver is on the road for longer than permitted or provide financial rewards for getting from point A to point B in a shorter period of time. These types of systems not only lead to violations of hours of service rules but may also encourage truck drivers to speed or otherwise drive in ways that are unsafe.

Additional state-specific rules require proper licensing, with operators carrying a valid commercial driver's license (CDL) and undergoing regular medical evaluations. Trucks must comply with weight limits and undergo routine inspections to maintain safe operating conditions. Additionally, businesses that own or operate trucks must carry the minimum liability insurance coverage mandated for commercial vehicles. Violations of these laws, such as reckless driving or overloaded vehicles, can lead to severe penalties and play a significant role in determining fault in truck accident cases.

California’s Comparative Fault Rule

In California, if you’re partly at fault for a truck accident, you can still recover some damages under the state’s comparative fault rule. Your compensation will be reduced by your percentage of fault.

Under this system, courts assign a percentage of fault to each party involved in the incident. Your recoverable damages decrease based on your share of responsibility for the accident. For example, if you incurred $100,000 in damages but are found to be 25% at fault, you may recover only $75,000.

These rules sometimes incentivize defendants to claim you share some of the blame, even if you did nothing to contribute to the truck accident. We can aggressively advocate for you in these scenarios and work to get you the full and fair compensation you are entitled to under the law. 

What Types of Damages Are Available in a Truck Accident Claim?

There are three types of damages that you may recover in a truck accident lawsuit: economic, non-economic, and punitive damages. The first two are considered compensatory damages, as the goal is to compensate a person for losses that he or she has suffered. The third kind, punitive damages, are meant to punish a wrongdoer and deter others from engaging in similar conduct.

Economic damages include compensation for financial losses. It may cover things like medical expenses, lost wages, loss of earning capacity, the cost of remodeling a home to accommodate an injury, and loss of employment benefits.

Non-economic damages are meant to compensate a person for the intangible losses that he or she has suffered. It may include pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress.

In some cases, you may receive an award for punitive damages. Typically, this requires a showing that the at-fault driver or trucking company acted with something more than negligence, such as recklessness or intentional conduct. For example, if a truck driver was under the influence of drugs or alcohol at the time of the crash, he or she may be on the hook for punitive damages.

Truck Accident Case Timeline

Like other personal injury cases, truck accident settlements are reached through a claim or lawsuit. A typical truck accident case in California begins immediately after the accident occurs, with the injured party seeking medical attention and gathering basic evidence. Within a few days or weeks, victims typically consult with legal counsel who can assess the case and identify applicable laws specific to truck accidents, including regulations that may apply to commercial vehicles and their operators.

Once hired, attorneys usually start an investigation to gather additional evidence that strengthens the case. This process often involves requesting records from the trucking company, such as maintenance logs, driver logs, and black box data. Attorneys also review medical reports and may consult with experts in accident reconstruction or occupational health fields. During this time, the attorney sends notification letters to insurance companies and the trucking company, formally initiating the claims process. This investigative period may last weeks or months, depending on the case's complexity.

Many truck accident claims are resolved before they reach a courtroom. However, filing a formal lawsuit follows if negotiations fail to reach a settlement. The attorneys file a complaint with the California court, and the discovery process begins. During discovery, each side exchanges information, which may include depositions, written questions, and access to relevant documents. The timeline for discovery can take several months, especially if the case involves disputed facts or multiple defendants.

After discovery concludes, there may be additional settlement discussions or preparation for trial. Pre-trial motions may occur as both parties refine their arguments. If the case requires a trial, the process could add several months or even years to the timeline due to scheduling court appearances, presenting evidence, and awaiting a verdict. Again, most cases settle before reaching this stage, though our San Rafael truck accident lawyers are prepared to take cases to trial when necessary.

Statute of Limitations for Truck Accidents in California

In California, you generally have two years from the date of the truck accident to file a lawsuit. It’s crucial to act within this timeframe to preserve your right to seek compensation. If you wait too long, the court will likely dismiss your case, so do not wait to get legal advice.