Does a Truck Driver Always Pay for Accidents in San Dimas?
No, a truck driver does not always pay for accidents in San Dimas. California uses a pure comparative negligence system, which means multiple parties can share fault for an accident. If you were partly at fault for a truck accident, your financial recovery will be reduced by your percentage of responsibility, as set out in Li v. Yellow Cab Co.
Determining who pays for damages in a truck accident can get complicated quickly. Unlike car crashes, truck accidents often involve multiple defendants, including the truck driver, the trucking company, the truck owner, the cargo loader, or even the manufacturer of defective parts. Each party's liability for non-economic damages is several only, not joint, meaning they only pay for their share of pain and suffering, according to Civil Code § 1431.2(a). However, economic damages like medical bills and lost wages remain joint and several.
How Long Do You Have to File a Truck Accident Claim in San Dimas?
You generally have two years to file a truck accident lawsuit in San Dimas, under Code of Civil Procedure § 335.1. This two-year period starts from the date of your injury or the wrongful death.
However, if the truck involved belongs to a public entity, like a city, county, or state agency, the deadline is much shorter. You must present a formal claim to the public entity within six months of the accident, as required by Government Code § 911.2. Failing to meet this six-month deadline usually means you lose your right to sue. If you are injured while a minor, the two-year deadline is generally paused under Code of Civil Procedure § 352, but this pause does not apply to the six-month deadline for claims against public entities. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm, including financial support, lost gifts and benefits, funeral costs, and the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance (Code of Civil Procedure § 377.61).
Where Is a Truck Accident Lawsuit Filed in Los Angeles County?
A personal injury case resulting from a truck accident in San Dimas is filed in the Los Angeles County Superior Court. Specifically, it goes to the judicial district where the incident occurred. For San Dimas, this generally means the case is assigned to the East District's Personal Injury Hub department at the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. This is consistent with Los Angeles Superior Court Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases.
The rules for filing a case against a public entity are different. If you make a claim against the City of San Dimas, Los Angeles County, or a regional transit agency, your formal claim must be presented to that specific entity first, before any lawsuit can be filed. Confirming the specific court and deadlines with an attorney is always wise, as court rules and boundaries can change.
What Kinds of Cases Do Truck Accident Lawyers Handle in San Dimas?
Truck accident lawyers in San Dimas handle a range of cases where large commercial vehicles cause injury or wrongful death. These cases often involve severe injuries due to the sheer size and weight of trucks compared to passenger vehicles. The firm works to secure the full compensation available under California law for those harmed in collisions involving big rigs, tractor-trailers, 18-wheelers, delivery trucks, and other commercial vehicles on San Dimas roads.
Truck accidents frequently result in catastrophic injuries such as traumatic brain injuries, spinal cord damage, multiple fractures, and internal injuries. Our experience extends to all types of vehicle collisions involving commercial trucks, and you can learn more about general personal injury matters at our Los Angeles Truck Accident Injury Attorneys hub. For families facing the loss of a loved one due to a truck accident, our San Dimas wrongful death attorneys can provide support. We also assist with property damage claims in San Dimas that often accompany these severe accidents.
What Should You Do After a Truck Accident in San Dimas?
- Ensure Safety and Seek Medical Attention: Move yourself and your vehicle to a safe location if possible. Call 911 immediately to report the accident and request emergency medical services, even if your injuries seem minor. Follow all medical advice.
- Report the Accident to Law Enforcement: Wait for law enforcement to arrive and create an accident report. Provide accurate information but avoid admitting fault. The report can decide who pays later.
- Collect Information and Document the Scene: If you are able, take photos and videos of the accident scene, vehicle damage, traffic signs, road conditions, and your injuries. Collect contact and insurance information from all involved parties, and obtain names and numbers of any witnesses.
- Notify Your Insurance Company: Report the accident to your own insurance company as soon as possible. Stick to the facts of the incident and avoid making speculative statements about fault or the extent of your injuries.
- Speak with an Attorney: Before speaking with the trucking company's insurer or their representatives, contact an attorney experienced in truck accidents. They can protect your rights and ensure you do not inadvertently harm your claim. You can reach Casa Legal Los Angeles for a free consultation at 888-585-2529.
What Does Working with Casa Legal Los Angeles Involve?
Working with Casa Legal Los Angeles means having experienced legal representation for your truck accident claim in San Dimas. We begin by thoroughly investigating your accident, gathering evidence, reviewing police reports, witness statements, and black box data from the truck. Our focus is on identifying all responsible parties, which can include the truck driver, the trucking company, maintenance providers, or cargo loaders.
We handle all communications with insurance companies and defense lawyers on your behalf, protecting you from common tactics used to minimize payouts. We also work with medical professionals and accident reconstructionists to fully document your injuries and the impact on your life. Personal injury and employment law is all we do, whether you're in San Dimas or a neighboring city like El Segundo or South Gate. Our aim is to pursue the full compensation available under California law for your medical expenses, lost wages, pain and suffering, and other damages. We work on a contingency fee basis. No attorney's fees unless we win—and no case costs either.
Frequently Asked Questions
What is the difference between economic and non-economic damages?
Economic damages are quantifiable financial losses, such as medical bills, lost wages, property damage, and future medical care costs. Non-economic damages refer to intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Under California Civil Code § 1431.2(a), liability for non-economic damages is several only, meaning each defendant pays only their percentage of fault, while economic damages remain joint and several.
Can I still recover if I was partially at fault for the San Dimas truck accident?
Yes, you can still recover if you were partially at fault for a truck accident in San Dimas. California follows a pure comparative negligence rule (Li v. Yellow Cab Co.). This means your compensation will be reduced by your percentage of fault, but you are not barred from recovery even if you are mostly to blame. For example, if you are found 20% at fault for an accident, you can still recover 80% of your total damages.
Do I have to go to court for a truck accident claim in Los Angeles County?
Not all truck accident claims in Los Angeles County end up in court. Many cases are resolved through negotiations and settlements outside of a courtroom. However, if a fair settlement cannot be reached, filing a lawsuit and proceeding to trial may be necessary to pursue the compensation you deserve. If your case does go to court, it will be handled at the Pomona Courthouse South for incidents in San Dimas.
What if the trucking company is based outside of California?
If the trucking company involved in your San Dimas accident is based outside of California, you can still pursue a claim. California's laws generally apply to accidents that occur within its borders. Your attorney will help you understand how to navigate interstate commerce laws and pursue legal action against out-of-state entities, ensuring your claim adheres to proper jurisdiction and service rules.
After a truck accident in San Dimas, you need clear information about your rights and options. Contact Casa Legal Los Angeles for a free consultation. Call us at 888-585-2529 today. No attorney's fees unless we win—and no case costs either.