Is the truck driver always at fault after a crash in Stanton?
No, the truck driver is not always entirely at fault after a crash in Stanton. California uses a pure comparative negligence system, which means multiple parties can share fault for a collision.
Even if you share some responsibility for a truck accident, you can still pursue compensation, though your recovery will be reduced by your percentage of fault. California Civil Code § 1714(a) states everyone is responsible for injuries caused by their lack of ordinary care.
How long do you have to file a truck accident claim?
You generally have two years from the date of injury to file a personal injury lawsuit after a truck accident in Stanton, as set by California Code of Civil Procedure § 335.1. However, if a government vehicle or employee caused your injury, you must present a written claim to the public entity within six months, as specified by California Government Code § 911.2.
The deadline is generally paused while an injured person is a minor under Code of Civil Procedure § 352. However, Code of Civil Procedure § 352(b) removes that pause for claims against public entities under the Government Claims Act.
What you can recover depends on your specific facts. California law allows recovery for medical costs, lost earnings, and non-economic harm like pain and suffering. If your claim involves a public entity, the specific procedures and timelines differ significantly from claims against private parties.
Where do you file a truck accident lawsuit from Stanton?
A truck accident lawsuit arising from an incident in Stanton is generally filed in the Superior Court of California, County of Orange. The main courthouse for personal injury matters is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701.
This community is within Orange County, not Los Angeles County. Therefore, any personal injury claim stemming from an incident in Stanton would be processed through the Orange County Superior Court system, rather than the Los Angeles Superior Court. Our attorneys help individuals across the region, including those with personal injury claims in Long Beach and other cities.
What types of truck accident cases do your attorneys handle?
Our attorneys handle various types of truck accident cases that occur in and around Stanton. This includes collisions involving large commercial vehicles like 18-wheelers, semi-trucks, tractor-trailers, and delivery trucks. We represent people injured due to driver fatigue, distracted driving, improper loading, maintenance failures, and violations of federal trucking regulations.
Truck accidents often result in severe injuries due to the sheer size and weight of commercial vehicles. These injuries can range from fractures and spinal damage to traumatic brain injuries. We also represent families in wrongful death claims arising from fatal truck collisions in Stanton.
What should you do after a truck accident?
- Ensure Safety and Seek Medical Attention: Move to a safe location if possible and immediately call 911 for emergency services. Even if you feel fine, see a doctor. Some serious injuries, like concussions or internal bleeding, are not immediately apparent.
- Document the Scene: If you can, take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries. Note the truck's company name and DOT number. Gather contact information from witnesses.
- Report to Police: Wait for law enforcement to arrive and file an official report. Get the report number for your records.
- Limit Communication: Do not admit fault or discuss the accident with anyone other than the police and medical professionals. Do not give recorded statements to insurance adjusters without first speaking to an attorney.
- Contact an Attorney: Speak with a truck accident attorney to understand your rights and options. An attorney can help preserve evidence and deal with insurance companies on your behalf. We also assist with other vehicle incidents, such as car accidents in Stanton.
Frequently Asked Questions
What if the truck driver's insurance company contacts me directly?
If the truck driver's insurance company contacts you directly, you are not obligated to speak with them or provide a recorded statement. Insurance adjusters often try to settle claims quickly and for less than their full value. It is always best to consult with an attorney before discussing your case with any insurance representative to protect your interests.
Can I still file a claim if I was partially at fault for the truck accident?
Yes, you can still file a claim even if you were partially at fault for the truck accident. California operates under a pure comparative negligence rule, which allows you to recover damages even if you are found to be partly responsible. Your total compensation will be reduced by your percentage of fault. For example, if a court finds you 20% at fault, your damages would be reduced by 20%. Our personal injury attorneys can help you understand how this applies to your case.
How long does it take to resolve a truck accident case in Orange County?
The time it takes to resolve a truck accident case in Orange County varies widely depending on the complexity of the case, the severity of injuries, and whether the case settles or goes to trial. Some cases resolve in a few months through negotiation, while others, particularly those involving severe injuries or disputes over liability, can take years to conclude. Your attorney can provide a more specific timeline once they have reviewed the details of your situation.
What if the truck involved was a government vehicle?
If the truck involved was a government vehicle, special rules apply to your claim. You must present a formal written claim to the responsible government entity within six months of the accident, as per California Government Code § 911.2. Failing to meet this strict deadline can result in losing your right to sue. This process is different from typical personal injury claims against private citizens or companies.
A truck accident can turn your life upside down, bringing medical bills, lost wages, and pain. You do not have to face this alone in Stanton. Call Casa Legal Los Angeles at 888-585-2529 for a free consultation. No attorney's fees unless we win — and no case costs either.