Injured In a California Tractor Trailer Accident? You May Be Able to Recover Compensation

The Golden State sees an estimated 4,000 fatalities annually in tractor trailer accidents. This figure doesn’t include accidents resulting in catastrophic injuries and/or property damage. So, if you’re injured in an accident involving a tractor trailer are you ready to file a personal injury claim? You’re going to need to go through a few essential steps if you’re planning on trying to recover compensation.

Don’t Miss Any Filing Deadlines

The Golden State may be fairly relaxed about some things. After all, this is the state that tends to encourage its residents to enjoy being themselves. 

With that being said, California does have some fairly stringent laws when it comes to filing a personal injury claim. Yep, your tractor trailer truck accident falls under the broad umbrella of personal injury law. This means you have things like filing deadlines to pay attention to.

Everyone injured in an accident and seeking financial compensation must meet the state’s statute of limitations. This is how long you have to start the insurance claim process. In California, you only have two years to file a personal injury claim. The clock starts ticking on the date of the accident, so it’s a good idea to get started on your injury claim as soon as possible.

What happens if you miss the state’s statute of limitations? There’s a good chance you can’t file an accident claim. You can run into a few exceptions, but don’t hold your breath. Any exceptions to the statute have strict guidelines most accident claims simply don’t meet.

Your Rights in a California Personal Injury Claim

All accident victims have the same basic rights under California law. You can file a claim for your damages, even if you’re partially responsible for causing the accident. Yep, you can claim things like your:

• Current and future medical expenses

• Lost wages and diminished earning capacity

• Pain and suffering

• Property damage

• Rehabilitation costs

However, if you’re partially at fault for the accident, your potential settlement amount is going to be impacted. California, like about 12 or so other states, follows comparative negligence guidelines. This is an insurance rule that allows for more than one driver to be responsible for causing the same accident. 

As long as you’re not assessed more than 50% of the blame, you can still file a claim against the other driver. However, don’t expect to receive the entire settlement amount. Your compensation is going to be reduced by your percentage of fault. So, if you’re 25% at fault, you’ll receive 75% of your potential settlement amount.

Essential Steps for Filing a Tractor Trailer Accident Claim in California

Personal injury law doesn’t change regardless of which state the tractor trailer collision happens in. The only differences are usually insurance laws like modified comparative negligence. The statute of limitations can also vary by state, remember California gives you two years from the accident date. 

With that being said, here’s a look at what you need to do to help ensure you can recover at least some compensation for your financial damages.

Report the Accident

The Golden State lets motorists skip reporting some types of vehicle collisions, but it’s probably not going to apply to your accident. 

You can skip alerting the authorities if there aren’t any injuries, fatalities, and property damage is basically non-existent. Since your accident involves a tractor trailer, you must immediately alert the authorities. Yep, this means staying at the accident scene until the authorities release you.

Since you probably sustained serious injuries, or at the least your vehicle’s undrivable, waiting for the authorities shouldn’t be a big issue. Your accident report serves as proof the incident occurred and is responsible for causing your damages.

Gather Your Evidence

As soon as you start recovering from your injuries, get your evidence together. This is going to include things like your accident report, medical records, property repair/replacement estimates, and any bills and receipts relating to your accident. Yep, this can include things like prescription costs and even rides to doctor’s appointments.

For a little while, you’re going to turn into a bit of a pack rat. You want to plan on saving every bill and receipt relating to your accident expenses. You never know what the insurance adjuster may request to prove a listed damage.

Reach Out to the Insurance Company

You’re not quite ready to file a demand letter. This is what you send the insurance company when you’re ready to file a claim. Your demand letter outlines the accident details and lists your damages, and it’s also when you submit your evidence.

All you’re doing right now is letting the insurance company know you’re getting ready to file a claim. Keep the conversation short, this isn’t the time to go into details.

Get Everything Ready and Submit Your Claim

You’ve calculated your damages, and have all of your documentation organized. You’re ready to send the demand letter. Don’t sit by the phone or stare at your email. The insurance company has around 30 days or so to respond to your claim.

If you haven’t heard from the insurance company after a month or so, give them a call. The insurance company may be trying to delay your tractor trailer accident claim in hopes you’ll give up and go away.

The insurance company can approve or deny your claim. They can also ask for negotiations. If your claim is denied or negotiations fall through, your next step is filing a personal injury lawsuit in California civil court.

Taking the Stress Out of Recovering Compensation in a Tractor Trailer Accident

Trying to recover compensation after a tractor trailer accident is rarely easy. The process can be complicated, especially if your accident claim lists more than one defendant. Working with an experienced California accident attorney can help smooth over the process. So, you have a better chance of recovering fair compensation.