I Was Partially to Blame for a Truck Accident on Highway 37. Can I Still Recover Damages?
The stretch of Highway 37 that passes through Solano County is no stranger to truck crashes. If you know you were partially responsible for a collision involving a truck in this area, you may understandably be wondering if you can still recover any compensation.
Fortunately, you can still recover damages even if you were partially at fault for a truck accident. California follows a comparative negligence system, which means that your ability to recover damages depends on the percentage of fault attributed to you. Under this system, the court determines the level of fault for all parties involved and reduces the compensation you receive by your share of responsibility.
For example, imagine you were speeding slightly when a truck – whose driver failed to yield while changing lanes – collided with your car. Upon investigation, it is determined that you are 20% at fault for the accident due to speeding, while the truck driver bears 80% of the blame. If the damages amount to $100,000, you would still be entitled to recover 80% of the total, which equals $80,000.
Because of these rules, defendants in truck accident claims are incentivized to claim that you were more responsible for an accident than you actually were. Our Solano County truck accident lawyers can effectively navigate allegations of comparative negligence and fight to maximize what you recover, even if you were partially at fault.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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They are very prompt with responses and follow up. The entire process was stress free (especially going through this during the middle of the pandemic) and seamless! He heard, understood my pain and had the most sincerest empathy for me. This review has been LONG overdue. He took care of me in 2020 and has left an everlasting impression in my life. I recommend everyone to Mr. Kuvara and his outstanding team! Thank you all from the bottom of my heart!
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"They held my hand thru the whole thing, answering my silly calls with questions and showing great patience."
I found the Kuvara Law Firm when I did a search for personal injury attorneys. I scanned down the possibilities but their name jumped out at me. I called, sure I didn't have a claim because I've never done this before, but on reviewing my case Mr. Kuvara said I DO have a case and assigned me to the appropriate person to get things started. They were always very friendly and encouraging whenever I contacted them. Colby is an absolute doll! Then when I had my fall and concussion Mr. Kovara referred me to a colleague at another firm that specializes in that type of case. They, too, were good and helpful and full of information I'd never think of! Everything was perfect, they really knew their jobs at both firms and took great care of me. I can't recommend them highly enough and will keep their contact information in my wallet ready to share with all who may ask! Thanks so much, Colby!
- Lynne D.B. -
"From the first moment I contacted the Kuvara staff and lawyers, I felt protected, informed, and very well legally represented"
I had an accident on 12/2022, and my life and all the projects I had for the future had to change drastically, but even with all the sacrifice and pain that it entails, I decided to face it and do everything necessary to overcome this stage in my life, I was fortunate to be represented by the Kuvara law firm. I am very happy and satisfied with the way my case was resolved, the professionalism on the part of the firm and the monetary compensation I received, it was fair and I only have gratitude on my part to all the members of the Kuvara law firm.
- Monica V. -
"They really are a best in class firm who will fight for you."
I would highly recommend Kuvara Law Firm to anyone who has been in an accident. Colby Kuvara was an excellent attorney who went above and beyond in guiding me through the legal process and really advocating for me in a time that was extremely stressful. Her team was very responsive and thorough through the duration of the case.
- Jessica B.
Who Is Liable for My Truck Accident?
While a negligent truck driver can easily cause and become liable for a devastating collision, negligence in trucking accidents is not always limited to driver error. Various other parties can make critical mistakes that lead to catastrophic collisions. More than one party may ultimately be liable for a crash.
It may not be immediately apparent what caused your accident, which is why it is so important to consult a legal professional as soon as possible. Our Solano County truck accident attorneys can investigate what happened and identify all liable parties.
Depending on the facts of your case, any of the following parties could be potentially liable for your truck accident:
Common Forms of Negligence That Cause Truck Accidents
Everyone involved in the operation, maintenance, and oversight of a large commercial truck must exercise an especially high level of care, as their size, weight, and momentum make them inherently more dangerous than other motor vehicles. Failing to meet these responsibilities can lead to severe accidents and injuries.
Many truck accidents are caused by:
- Distracted driving. Truck drivers who divide their attention between the road and other activities create hazardous conditions. Distractions like texting, eating, or using in-cab technology delay reaction times, reducing the ability to respond effectively to sudden changes in traffic. Even a few seconds of inattention can have catastrophic outcomes.
- Fatigued driving. Long hours behind the wheel, often exacerbated by tight delivery schedules, can lead to dangerous levels of driver fatigue. Tired drivers are prone to microsleep episodes, poor decision-making, and slower reactions. Ignoring federal hours-of-service rules exacerbates this dangerous behavior.
- Driving under the influence. Operating a truck while impaired by alcohol, drugs, or even certain prescription medications greatly diminishes judgment, coordination, and reflexes. Impaired drivers not only put themselves at risk but also endanger everyone sharing the road.
- Speeding or reckless driving. Excessive speed significantly increases stopping distances and the likelihood of losing control, especially for large trucks. Reckless actions like tailgating, cutting off other vehicles, or abrupt lane changes further amplify the risk of collisions.
- Ignoring road or weather conditions. Neglecting to adjust driving habits to reflect adverse weather conditions, such as rain or fog, increases the chance of accidents.
- Overloaded or improperly loaded cargo. Trucks carrying oversized or improperly secured loads can create dangerous scenarios. Excessive weight can strain the vehicle’s mechanical systems, making it harder to stop or maneuver. Additionally, unsecured cargo can shift during transit, leading to rollovers or causing debris to fall onto the roadway.
- Poor vehicle maintenance. When trucks are not regularly inspected or repaired, key components like brakes, tires, and steering systems might fail during operation. These mechanical failures can lead to loss of control, brake malfunctions, or tire blowouts, putting everyone on the road at risk.
- Defective vehicle components. Faulty truck parts, such as defective tires or brake systems, can cause accidents even when the driver operates the vehicle responsibly.
- Inadequate hiring and supervision protocols. Trucking companies may act negligently by hiring unqualified or inexperienced drivers. Failing to provide adequate training or monitor driver behavior can result in dangerous driving practices and increase the likelihood of accidents.
How Long Do I Have to File a Truck Accident Claim in California?
A truck accident claim can help you recover compensation for economic damages (such as medical bills and lost income) and non-economic damages (which include pain and suffering). Punitive damages may be available in rare instances involving especially egregious or malicious conduct and are intended to specifically punish the defendant.
Keep in mind that you cannot recover any damages for truck accident injuries if you wait too long to start the legal process. In California, the statute of limitations for personal injury claims – including those involving truck wrecks – is two years from the date of the accident. The sooner you get in touch with our team at Kuvara Law Firm, the sooner we can start investigating your accident and building your case for compensation.
Take the first step to getting your life back on track after a truck accident by calling (628) 240-1014 or contacting us online!