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How long do I have to file a truck accident lawsuit in California?
Two years from the date of injury under California Code of Civil Procedure § 335.1. If the crash was caused by a government entity (such as a Caltrans truck or a poorly maintained state highway), you must file an administrative claim within six months. Miss that deadline and you lose your right to sue. Call (866) 811-4255 now.
What if the truck driver claims I was at fault?
California follows comparative negligence rules. Even if you were partially at fault, you can still recover compensation. Your recovery is reduced by your percentage of fault. If you were 20% at fault and your damages total $500,000, you recover $400,000. The trucking company’s insurance adjuster will try to shift blame to you. Do not give them a statement. Let us handle it.
Can I still recover compensation if I was partially at fault?
Yes. As long as you were not 100% at fault, you can recover. We fight to minimize your percentage of fault and maximize your recovery.
How much is my truck accident case worth?
It depends on the severity of your injuries, the amount of insurance coverage available, and the strength of the liability evidence. Catastrophic injury cases with clear liability and high policy limits can be worth $1,000,000 or more. Minor injury cases with disputed fault may be worth far less. We evaluate your case for free. Call **(866) 811-4255** to discuss your specific situation.
Will my case settle or go to trial?
Most truck accident cases settle. Insurance companies settle when they believe the plaintiff has a strong case and a lawyer willing to go to trial. We prepare every case for trial. That preparation forces settlements. If the insurance company refuses to offer fair value, we try the case. Approximately 10% of our truck accident cases go to trial.
What if the trucking company offers me a settlement right away?
Do not take it. Early settlement offers are designed to close the case before you understand the full extent of your injuries. Traumatic brain injuries, spinal cord damage, and internal injuries take weeks or months to fully manifest. Once you sign a release, you cannot reopen the case. Talk to us first. Call (866) 811-4255).
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Mohammad Abuershaid, professionally known as Mo Abuershaid, is the founding partner of ALL Trial Lawyers and one of California’s most trusted authorities in dependency law, juvenile dependency cases, CPS defense, and high stakes CPS cases.