What To Do After A Truck Accident In California

In the wake of a serious truck accident, it’s natural to feel overwhelmed. If you or someone you love was injured in a crash with a truck, you are probably wondering what to do next.

What you should do after a truck accident in California includes notifying the police, documenting the scene, getting evaluated by a doctor, and consulting a lawyer.

Truck accident cases require a thorough investigation. A Fresno truck accident lawyer can look into your accident, collect evidence to strengthen your claim, and help you recover a fair settlement.

What Should You Do After a Truck Accident in California?

The moments after a truck accident in CA can be chaotic, but what you do will affect your ability to obtain compensation. Be sure to:

• Call 911: Reporting the accident ensures that law enforcement creates an official record of what happened, which matters for your claim.
• Exchange information: Trade contact and insurance information with the truck driver and any other motorists involved in the crash.
• Get witness information: If anyone saw the accident, ask for their contact information and a brief account of what they observed.
• Document the scene: If possible, take photos and videos of the vehicles, road conditions, skid marks, and any visible injuries.
• Be careful with statements: Even if your injuries don’t seem serious, see a doctor to rule out hidden injuries and document your condition for your claim.
• Speak carefully to others: Avoid admitting fault or making statements that could be used against you later when speaking to people at the scene and insurance adjusters.
• Contact a lawyer: Our attorneys can guide you through the process of filing a claim.

What Not to Do After a Truck Accident in California

Everything you do after a trucking accident can affect the strength of your claim. It’s crucial to avoid:

• Admitting fault: Anything that sounds like an admission of blame can be used against you later.
• Delaying medical treatment: Waiting to see a doctor can make your injuries worse and create doubt about whether they were caused by the accident.
• Giving statements to insurance adjusters: Insurers may try to obtain statements that undermine your claim or shift blame onto you. Don’t give a recorded statement until you consult a lawyer.
• Accepting the first settlement offer: Early offers are rarely worth as much as you deserve. Don’t agree to anything until you speak to an attorney.
• Posting about the accident on social media: Photos, comments, or updates can be taken out of context and used to challenge your claim.
• Losing or destroying evidence: Failing to keep photos, medical records, or repair estimates can weaken your case.

How Long Do I Have to File a Truck Accident Claim in California?

Per CCP § 335.1, you typically have two years from the date of a truck accident to file a personal injury lawsuit in California. If you do not file within this time period, you will likely lose your right to pursue damages, no matter how strong your case may be.

There are some situations where a different deadline may apply. For instance, if the accident involved a government vehicle or agency, you usually have six months to file a claim. In wrongful death cases, the two-year deadline generally still applies, but it may begin on the date of death rather than the date of the accident. 

Lastly, in cases where injuries are not immediately discovered, the deadline may start when the injuries are discovered or reasonably should have been discovered.

What to Do After a Truck Accident That Wasn’t Your Fault

If your truck accident was not your fault, you are in a stronger position to recover compensation. However, that does not mean the process will be easy. 

You still need to contact the police, gather evidence at the scene, visit a doctor, and follow the rest of the steps listed above to avoid giving insurance companies an opportunity to reduce your settlement or deny your claim.

California enforces a pure comparative negligence rule. Under this system, you can recover damages if you are partially at fault for a truck accident.

However, if you are found to be partially responsible, your compensation will be reduced by your percentage of fault, which is why it’s important to work with a lawyer who can protect you from insurers’ blame-shifting tactics.

What Types of Evidence Do I Need?

Evidence is the foundation of any successful truck accident claim. The more evidence you have, the stronger your case will be.

Key types of evidence in these cases generally include:

• Police reports documenting the accident
• Medical records showing the extent of your injuries
• Photos and videos from the accident scene
• Witness statements
• Truck driver logs showing hours of service
• Maintenance and inspection records
• Data from the truck’s “black box”

How a Lawyer Can Help After a Truck Accident in CA

Truck accident claims are complex, and having legal representation can make a significant difference in the outcome of your case. Our truck accident attorneys can:

• Investigate the accident: We can gather evidence, interview witnesses, and work with experts to determine what happened and who is at fault.
• Calculate your damages: We can assess all of your losses and determine the true value of your claim.
• Handle insurance companies: We can communicate with insurers on your behalf and push back against low settlement offers.
• Represent you in court: If necessary, we can take your case to court and fight for you before a judge or jury.

Consult a Truck Accident Attorney

The steps you take after a truck accident in California can make the difference between a fair settlement and a denied injury claim. An experienced truck accident attorney from Fowler | Helsel | Vogt can provide legal guidance, handle the insurance company, and help you obtain the compensation you deserve.

Book a free consultation to get help with your case.