The statute of limitations refers to the time period within which a road accident victim can sue the opposite party and claim coverage for pertinent damages. In the state of California, the statute of limitations for truck accidents is two years. That is, if a victim has failed to file a truck accident claim within two years from the date of the accident, his/her case will be barred from the courts. However, there are certain exceptions for this, and some of those exclusions are listed below.
- When the victim is mentally unstable or incompetent, and is not capable enough to meet a truck accident attorney and file a claim.
- If the victim involved in the truck accident is a minor, the statutory period will be extended. Usually, the statutory period in such cases is extended until the victim turns 18, plus the two years. That is, a minor involved in a catastrophic road accident will have time until he/she turns 20 years old to file a truck accident lawsuit in California.
- The statutory period can be extended if the injury of the victim is internal and could not be identified at the time of the accident. In such cases, the statutory time will be calculated from the time of diagnosis of the injury.
- The statutory time will be reduced if any government entities are involved in the case. Note that if the truck accident is caused as a result of a faulty traffic signal, road gutters, etc, you can sue the presiding federal authority in that area along with the driver of the truck that caused your injury.
Consult a truck accident attorney who is well-versed in the field. Plus, multiple parties including the truck driver, employer, insurance company, truck manufacturing company, government personnel, etc. can be held responsible for a truck accident. A specializing attorney would be able to assess such cases well, and figure out the entities which could be litigated against.
According to active truck accident law in California, the truck accident attorney of the plaintiff would have to prove negligence on the part of the truck driver or the involved parties in order to get a favorable verdict. Some of the points to be proven in such case include the following.
- The carelessness of the truck driver resulted in the devastating accident. Drunken driving, drowsy driving, driving while using mobile phones, etc, can be considered in this case.
- The truck crash resulted in both physical and property damage.
- An overloaded truck, poor truck maintenance, faulty traffic signal, road gutters, etc caused the truck accident.
However, every truck accident would not serve up a black-and-white case. Sometimes, the victim would also have a fair share of fault in the accident which hurt them. In such cases, the compensation amount could be reduced on the basis of their share of fault.