Liability in a Truck Accident That Caused Injuries
The increased size and weight of a truck often bears significantly on the nature and extent of personal injuries suffered in a collision between a truck and car or other vehicle. If you have been injured in such an accident, you know all too well the damage wrought and the time, expense, and personal suffering it will take to get back to the position you were in prior to the accident. Fortunately, the law provides recourse for personal injury victims to seek legal damages in the form of a monetary judgment against the person(s) responsible for the harms inflicted.
Types of Damages Available to Truck Accident Personal Injury Victims
While in some rare case, a truck accident is caused by intentionally wrongful conduct, negligence is a far more common source. A breach of a duty owed that actually causes damages, negligence is what is termed in legal parlance a “tort.” Under California’s Tort Claims Act, tort victims are eligible to sue for money damages in one of the state’s civil courts. In a personal injury suit against a truck driver and/or the driver’s employer, the governing theory of damages is commonly “expectation.” Under this theory, an award of money damages is designed to put the victim in the position he or she would have been in but for the negligence, collision, and harms sustained.
In a truck accident, then, expectation damages must account for medical bills, lost income due to missed work, and pain and suffering. With regard to medical bills, these costs may be substantial, both in the short and long-term – especially if a disability has been suffered, or if multiple surgeries and extensive rehabilitation is required. The same is true of lost income due to missed work, which may extend well into the future if injuries suffered in a truck accident have limited or altogether foreclosed one’s ability to earn a living. Pain and suffering, while more abstract than medical bills and lost income, may be established by evidence, testimony, and parallels made to existing legal precedent.
Timely Filing a Personal Injury Suit in California
To pursue the remedies available to you under the California Tort Claims Act, it is imperative that you comply with all filing requirements and formalities in a timely fashion. As you recover from your injuries and look to the future, rely on an experienced Fremont personal injury attorney to guide you throughout the personal injury claim process. Call our firm today at 510-791-2244.