Under California’s pure comparative negligence rule, you may still recover damages even if you are partially at fault for a crash. However, you need to preserve evidence because your share of responsibility can reduce your recovery. Strong proof can help show exactly what happened.
Information to gather at the scene
If it is safe to do so at the scene, collect details that identify the driver, vehicle and business connected to the delivery truck. Useful records may include:
- Photos of vehicle damage, skid marks, traffic signals and road conditions
- The license plate, company markings and vehicle identification number
- The driver’s name, license information, employer and insurance details
- Contact information from witnesses
- The police report number from the California Highway Patrol or local law enforcement
In the days following the accident, continue building your case by tracking medical treatments, repair quotes and the progression of any injuries.
Commercial records that may matter later
Delivery truck cases may involve records that are not available at the scene. Depending on the vehicle, route and business involved, useful information may include:
- Electronic logging device data, if driver-hour rules apply
- Delivery records showing the driver’s route or schedule
- GPS data showing where the truck was and how fast it was moving
- Truck inspection reports
- Maintenance logs showing earlier repair problems
These records may show whether fatigue, a tight schedule or mechanical problems played a role in the crash. They may also help determine if the employer is liable for the driver’s actions.
California reporting and filing deadlines
You may also need to file an SR 1, the California DMV accident report form. You, your insurance agent or your legal representative must send it to the DMV within 10 days if the collision hurt or killed anyone or if property damage was more than $1,000.
California generally gives you two years to file a personal injury lawsuit after an injury caused by another person’s wrongful act or neglect. If you were hurt in a delivery truck crash, an experienced attorney can help you understand which evidence may matter and what steps may come next.
