Can I still claim compensation for a truck accident in Pomona if I was partly at fault?
Yes, California's system of personal injury law allows you to seek compensation even if you share some responsibility for the truck accident in Pomona. California uses pure comparative negligence, meaning your financial recovery is reduced by your percentage of fault, but not eliminated entirely (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI 405).
This means if a jury decides you were 20% responsible for the crash, you would still be able to recover 80% of your total damages. Figuring out fault in a truck accident can be complex, often involving multiple parties and detailed investigations.
Where do you file a truck accident lawsuit in Pomona?
A personal injury lawsuit from an incident in Pomona is filed in the Superior Court of California, County of Los Angeles. Specifically, cases are assigned to the East District's Personal Injury Hub department at the Pomona Courthouse South.
The courthouse is located at 400 Civic Center Plaza, Pomona, CA 91766. Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024) dictate this filing location.
What should you do after a truck accident in Pomona?
After a truck accident, concrete steps help protect your health and your legal rights:
- Prioritize medical care. Your well-being comes first. Seek immediate medical attention for any injuries, even if they seem minor. Follow all doctor's orders and keep records of all treatments.
- Report the accident. Call 911 to ensure law enforcement responds to the scene. A police report documents the basics of the incident.
- Gather information safely. If you can do so without risking further injury, take photos of the accident scene, vehicle damage, and any visible injuries. Exchange insurance and contact information with all involved parties. Do not admit fault or discuss the accident's cause with others at the scene.
- Limit communication with insurers. You should report the accident to your own insurance company, but do not give recorded statements or sign any documents from the trucking company's insurer without speaking to an attorney first.
- Consult a personal injury attorney. A lawyer can explain your rights, investigate the accident, and handle communications with insurance companies on your behalf. This step is especially important in truck accidents because of the serious injuries they often cause, such as traumatic brain injuries.
How long do you have to file a truck accident claim in California?
Most California personal injury claims, including those from truck accidents, must be filed within two years from the date of injury (Cal. Code Civ. Proc. § 335.1). However, if your claim is against a city, county, or other public agency involved in the truck accident, you must present a written claim to that entity within six months of the accident (Cal. Gov. Code § 911.2).
Deadlines have exceptions and must be confirmed with an attorney for your own facts. If the injured person is a minor, the two-year deadline is generally paused (tolled) until they turn 18 under Cal. Code Civ. Proc. § 352. However, this pause does not apply to the six-month deadline for claims against public entities. California law allows recovery for medical costs, lost earnings, and non-economic harm such as pain and suffering.
What types of truck accident cases do we handle in Pomona?
We represent individuals injured in many kinds of truck accidents across Pomona and surrounding areas like Pomona car accidents. These include collisions with commercial trucks, semi-trucks, 18-wheelers, delivery trucks, and other large vehicles. Truck accidents often involve serious injuries, more so than typical car accidents.
These severe impacts can lead to substantial medical bills, lost wages, and long-term care needs. Our practice is limited to personal injury and employment law, focusing on helping people who have been harmed. If the worst happens, and you've lost a loved one, we also handle wrongful death claims for families in Pomona.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your story. We investigate your truck accident, gathering evidence like police reports, driver logs, maintenance records, and witness statements. We identify all responsible parties, which can include the truck driver, the trucking company, the cargo loader, or even the vehicle manufacturer.
We handle all communications and negotiations with insurance companies, working to pursue the full compensation available under California law. We prepare your case for trial if a fair settlement cannot be reached. Our goal is to ensure your rights are protected every step of the way.
Frequently Asked Questions
What makes truck accidents different from car accidents?
Truck accidents differ from car accidents primarily due to the size and weight of commercial trucks, leading to more severe injuries and complex investigations. Trucking companies and their drivers are also subject to specific federal and state regulations, which often means more parties are involved in a claim, such as the trucking company, cargo loaders, and maintenance crews. These cases require a deeper understanding of federal trucking laws and industry standards.
What if the truck driver was uninsured or underinsured?
If the truck driver was uninsured or underinsured in your Pomona accident, your own uninsured motorist (UM) or underinsured motorist (UIM) coverage on your personal auto policy may provide compensation. Additionally, depending on the circumstances, the trucking company or other parties may still be held liable. For example, if the trucking company allowed an uninsured driver to operate their vehicle, they could be directly negligent. We recommend reviewing your policy details with an attorney.
How much does it cost to hire a truck accident lawyer in Pomona?
Hiring a truck accident lawyer from Casa Legal Los Angeles costs nothing upfront. We work on a contingency fee basis. This means you pay no attorney's fees unless we win your case. If there is no financial recovery, you owe us nothing for our legal services, and we also absorb the case costs.
Can I still file a claim if the accident happened outside Pomona but I live here?
Your place of residence generally does not determine where your lawsuit is filed. Instead, personal injury cases are typically filed in the judicial district where the accident occurred. So, if your truck accident happened in El Segundo, you would file in the appropriate courthouse for El Segundo truck accidents. If it was in Pasadena, the same rule would apply for Pasadena truck accidents. For incidents in Pomona, your case would generally be filed at the Pomona Courthouse South.
When a truck accident disrupts your life in Pomona, you need clear answers and strong representation. Casa Legal Los Angeles is here to help. Call us at 888-585-2529 for a free consultation. No attorney's fees unless we win — and no case costs either.