California is heavily dependent on the trucking industry. Our state has the second-highest employment of commercial truck drivers in the nation.
The California trucking industry creates over $700 billion in revenue annually. Our state has an extensive network of highways for transporting goods across the state and the nation.
With so many trucks on the road, it’s no surprise that thousands of trucking accidents occur each year. Many of those accidents result in serious injuries and fatalities.
There were 400 fatal truck collisions in California last year.
When not fatal, the injuries caused in truck accidents can be life-altering for victims and their families. Truck accident victims may require ongoing medical care and assistance.
If you have been injured or lost a loved one in a truck accident, the Oakland truck accident attorneys at Jacoby & Meyers are available to discuss your situation. We have over 50 years of experience representing truck accident injury victims throughout California.
Call our Oakland personal injury lawyers at (510) 616-9169 or visit our contact page to schedule a free consultation to discuss your case. We look forward to meeting you, evaluating your case, answering your questions, and explaining your legal options.
Act Promptly After an Oakland Truck Accident
It is important to consider speaking with an Oakland truck accident attorney as soon as reasonably possible after an accident.
You need to determine the statute of limitations for your claim. The statute of limitations sets the deadline for filing a lawsuit.
In California, most personal injury cases have a statute of limitations of two years. However, there are exceptions to the two-year deadline.
If your defendant is a government entity, you must file a claim through the Government Claims Act within six months from the accrual of your cause of action.
There are also situations where the statute of limitations may be tolled or paused for a period of time. For example, if the defendant is temporarily not of sound mind or has left the state, the clock may pause until they regain competency or return to the state.
If the truck accident victim dies from their injuries, a wrongful death claim may be filed by certain family members. In wrongful death cases, the two-year statute of limitations begins to run on the date of death rather than on the date of the truck accident.
Additionally, if your injury was not discovered until a later date, the statute of limitations may begin to accrue when you knew or reasonably should have known of your injury.
These are only some exceptions to the two-year rule for the statute of limitations.
Consulting with an Oakland truck accident attorney can help clarify the applicable deadline for your specific circumstances. Missing a filing deadline may affect your ability to pursue damages.
It is also important to act without unnecessary delay because evidence may become more difficult to obtain over time. Physical evidence can be altered, memories may fade, and witnesses may relocate.
When the Oakland truck accident attorneys at Jacoby & Meyers take on a case, they begin investigating the accident to identify potential causes and parties who may be legally responsible.
They work to gather relevant evidence to support the claim and prepare the case for negotiation or litigation, when appropriate.
Comparative Negligence in California Truck Accidents
In 1975, California adopted a pure comparative negligence rule. This means that a party who is partially at fault is not automatically barred from seeking compensation.
In California, even if you are partially at fault for the truck accident, you may still be able to recover compensation from other at-fault parties. However, any damages awarded may be reduced by the percentage of fault assigned to you.
For example, if your percentage of fault is determined to be 25% and your damages are $100,000, your recovery may be reduced to $75,000.
Insurance companies may attempt to assign a higher percentage of fault to limit or challenge a claim. Our attorneys have decades of experience handling personal injury matters and are familiar with the strategies used during claim evaluations and negotiations.
Proving an Oakland Truck Accident Case
To pursue an Oakland truck accident case, certain legal elements must be established. Generally, you must show by a preponderance of the evidence that:
- The defendant owed you a duty of care to act reasonably and prudently.
- The defendant breached that duty of care by negligent, intentional, or reckless actions.
- The defendant’s breach of duty of care directly caused your injuries.
- You suffered actual damages as a result of the defendant’s breach of duty.
Establishing these elements can require careful investigation and supporting evidence.
This is especially relevant in complex collision types such as T-bone accidents, which may involve questions regarding right-of-way and intersection conduct.
The personal injury attorneys at Jacoby & Meyers gather and evaluate evidence that may support a truck accident claim. Types of evidence may include:
- A copy of the police report of the accident
- Eyewitness statements
- Expert witness reports and testimony (such as medical experts or accident reconstruction specialists)
- Medical records
- Photographs of the accident or your injuries
- Video footage, including dashcam or surveillance recordings
- Maintenance and safety records of the trucking company
- Information regarding the truck driver’s background
- The truck’s electronic data recorder (EDR), sometimes referred to as a “black box”
The specific evidence used will depend on the facts of each case.
Contact an Oakland Truck Accident Attorney
If you have been injured or lost a loved one in an Oakland truck accident, you may wish to speak with a truck accident attorney about your legal options.
Jacoby & Meyers has represented California injury victims for more than 50 years.
Call us at (510) 616-9169 or visit our contact page to schedule a free consultation to discuss your case. We will listen to your story, answer your questions, explain your rights, and discuss potential next steps.
Our Oakland Office
Jacoby & Meyers Accident & Injury Lawyers – Oakland
66 Franklin St Suite 300,
Oakland, CA 94607