Like most other states, California sets certain time limits for pursuing a personal injury claim, also called the “statute of limitations.” California follows the same statute of limitations for truck accidents as it does for any other personal injury case. The California Code of Civil Procedure Section 335.1 states that a claimant has a two-year deadline for filing a suit to compensate for the losses arising from the negligence or wrongful act of another person.

One important thing to consider is when the “clock” starts running on this two-year time limit. Your statute of limitations may vary if a truck accident led to injury or wrongful death in Bakersfield. For example, if you or a loved one sustained injuries in a truck accident, you have two years from the date of the accident in which to file a claim. On the other hand, if you lose a loved one in an accident, you have two years from the date of his or her death, if the two dates are different.

On the other hand, if a truck accident results only in property damage, the California Code of Procedure section 338 allows you three years to file a claim against an at-fault truck driver.

Following these statutes of limitation is essential. If you attempt to file an action after the applicable time period, the court can – and likely will – refuse to hear your case unless it falls under an exception, which is rare.

The best thing you can do to protect your right to compensation is contact an experienced Bakersfield truck accident attorney as soon as possible.

When you need help in recovering compensation following a truck accident, you need assistance from a lawyer with the expertise to know the difference between Bakersfield car accidents and truck accidents. At Rodriguez & Associates firm founder and lead lawyer Daniel Rodriguez has:

Forty-plus years of experience as a personal injury lawyer and trial attorney
A degree in engineering, which enables our firm to quickly grasp the causes and effects in truck accidents involving the securing and loading of cargo, brake failure and other issues involving speed, weight, and impact.
Bakersfield is a relatively small community. It can be difficult to locate a law firm that has extensive experience in a particular practice area.

The Bakersfield trucking accident attorneys of Rodriguez & Associates have handled hundreds of truck accidents. In addition to our knowledge regarding truck accidents’ engineering and legal issues, we are familiar with how truckers’ fatigue, hours on the road and other day-to-day issues can lead to catastrophic accidents. We are skilled at identifying and acquiring drivers’ logs, company records, and other evidence, and using it to create strong cases.

Many truck accident attorneys, including the ones at Rodriguez & Associates, operate on a contingency fee basis. This means that instead of paying an upfront fee, clients agree to pay a percentage of their settlement or judgment to the attorney. Essentially, you do not pay any legal fees unless your lawyer wins your case, limiting your out-of-pocket expenses.

This percentage typically ranges from 25% to 40%, which varies from firm to firm. It’s important to discuss the specifics of this fee structure during your initial consultation to understand fully what financial commitments you might face, including any additional costs such as filing fees or expenses related to gathering evidence.

In Bakersfield, liability for a truck accident can fall on several different parties, not just the truck driver. Identifying all potentially liable individuals and entities is crucial for ensuring that you receive comprehensive compensation. These parties may include:

• • Truck Drivers: Drivers can be liable for accidents due to negligence, such as distracted driving, fatigue, or driving under the influence. Their actions behind the wheel are often the primary focus when assessing the cause of the accident.
  • Trucking Companies: These entities may also be held responsible for their role in accidents, particularly if they neglect vehicle maintenance or fail to enforce safety regulations. Trucking companies are also responsible for ensuring their drivers are properly trained and adhere to driving hour regulations.
  • Truck Manufacturers: If a truck accident results from a vehicle defect, the manufacturer can be held liable. This includes situations where faulty brakes, engine problems, or tire defects contribute to an accident.
  • Maintenance Providers: These providers can be liable if their failure to properly maintain a truck leads to an accident. For example, inadequate servicing and overlooking critical safety checks could be grounds for liability.
  • Cargo Loaders: Improperly loaded or secured cargo can cause accidents, making cargo loaders potentially responsible. This includes situations where cargo shifts unexpectedly or exceeds weight limits, affecting the truck’s stability and handling.
  • Other Contractors: Various contractors involved in the truck’s operation, such as third-party logistics providers or dispatchers, can also share liability if their actions contributed to the accident.
  • Government Entities: When poor road conditions or inadequate signage contribute to an accident, local or state government entities might be liable. For example, situations where road maintenance is neglected or traffic control devices are improperly managed may implicate a public agency.

Assessing the value of a truck accident case in Bakersfield involves considering several key factors. These settlements cover the medical expenses incurred due to the accident, lost wages, pain and suffering, property damage, and, in cases of egregious negligence, punitive damage. Many of these damages are influenced by the severity of injuries; typically, more severe injuries warrant higher compensation. Other critical elements in determining the case’s value include:

• The impact of the accident on your future earning capacity
• The extent of damage to your vehicle
• The clarity and extent of the other party’s liability
• The presence of long-term or permanent disabilities resulting from the accident

A Bakersfield truck accident attorney from Rodriguez & Associates can give you a more detailed estimate after examining all aspects of your case, including medical records, employment documentation, and the overall impact on your life. Leveraging this information, we will fight for the highest possible settlement in your claim.