Doing things like riding in the bed of a pickup truck is fairly dangerous, no matter where you are in California. That said, the legality of doing it depends on where you’re riding and the type of truck you’re in. No matter what the situation is, you could end up hurt in an accident. That’s when you can turn to our personal injury lawyers at Maison Law for help. Contact us today for a free consultation to learn more.
Can You Legally Ride in the Bed of a Pickup Truck in California?
Legally speaking, you can’t ride in the bed of a pickup truck in California on a highway or some other major roadway. With that said, there are some situations where you can, but the truck has to be:
- Transporting someone in an emergency situation.
- Equipped with a federally-compliant restraint system.
- Used for farming or agricultural work.
- Part of a parade, and supervised by police.
However, even if it’s legal, riding in the truck bed is risky. Falls or accidents can lead to serious injuries, so you need to understand what your options are if you’re hurt in one of these situations.
What Can You Do If You’re Injured After Riding in the Bed of a Pickup Truck?
Even if you’re hurt while riding in the bed of a pickup truck outside of one of the legal ways, you can still file an injury claim in California. That said, there’s something very important to understand: comparative negligence is going to impact your claim. Comparative negligence is a law in California that says whatever level of fault you share in the accident is going to reduce your eventual damages. So, an insurance company or lawyer is probably going to argue that your actions contributed to your injuries.
While that might be technically true, you still have the right to file either an insurance claim or a lawsuit to recover things like:
- Medical expenses
- Lost income
- Repair/replacement costs for damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses for fatal injuries
You also need to be aware of the statute of limitations for your claim. In California, you only have two years from the date of the accident to file. If you don’t meet this deadline, you can’t recover damages.
How Can You Strengthen Your Injury Claim?
Obviously, being injured in an accident where you’ve been riding in the bed of a pickup truck is challenging. But it’s not just physically challenging–it’s also going to be a bit tougher legally to get what you’re owed out of the claims process. That’s why you need to do what you can to strengthen your claim. And to do that, the following steps help you:
- Gather evidence – Take photos of the accident scene, any hazards, and the truck itself. Collect witness statements and save any related documents that could support your case.
- Call 911 – Call 911 for an ambulance and get medical treatment right away for your injuries. This not only takes care of your health but also connects your injuries to the accident, which strengthens your claim.
- Understand safety rules – Make sure you are following any safety guidelines for riding in the bed of the truck. For example, if you were sitting securely or holding onto a proper support, this shows you took precautions.
- Keep good records – Save copies of medical records, bills, repair costs, and any other relevant documents. These show the extent of your injuries and financial losses.
- Be careful with statements – Keep from giving detailed statements to the insurance company. It’s best to just stick to the facts, since the other party’s insurer may try to use your words against you.
- Work with the investigation – Provide accurate, fact-based information to the police and insurance investigators. Your cooperation paints a clearer picture of the accident.
Each case is unique, and the specific details of what happened is ultimately what’s going to determine the outcome of your claim. Taking these steps will help you regain some ground, but you should also reach out to our team at Maison Law for guidance. Our experienced lawyers can guide you through the process and make sure your rights are protected. To get started, contact us today for a free consultation.
