Long Beach Truck Accident Lawyer

If you were hit by a truck, you could be left with substantial injuries and expenses.  These crashes often cause more serious injuries to the other drivers in smaller cars, rather than the truckers who potentially caused the crash.

Our attorneys can help you get compensation from the trucker and the company they work for, depending on who was truly at fault.  We can help you fight insurance companies for full compensation, and even take the case to trial if we need to.

Call the Law Office of John J. Perlstein’s truck accident attorneys at (213) 252-1070 for your free case review.

Grounds to Sue a Trucker

If a truck driver causes a crash, you can potentially hold them directly liable.  This becomes more complex in reality, given that the trucking company may be involved, too.  Even so, most cases start with the trucker.

Mistakes Behind the Wheel

If the trucker made a mistake or committed some kind of unsafe driving violation behind the wheel, they are responsible for that.  This commonly makes drivers responsible for

  • Speeding
  • Drunk driving
  • Distracted driving
  • Running stop signs/red lights
  • Failing to yield

Improper Inspections/Equipment Issues

Truckers also have a lot of obligations under state and federal trucking regulations.  These require them to inspect their tires, brakes, lighting, and other equipment before starting to drive.  If there are safety issues they should have caught, they could be liable for those issues causing a crash.

Grounds to Sue a Trucking Company

In many cases, you can extend liability to the trucking company the driver works for or hold them partially responsible for something the company did in its own right.

Employee Caused Crash

A legal principle called “respondeat superior” allows you to hold an employer liable for something their employee did within the scope of their job duties to injure you.  This means showing

  1. The driver was negligent.
  2. The driver was acting within the scope of their job duties.
  3. The driver was an employee.

Negligent Hiring

Trucking companies can be responsible for putting a dangerous driver on the road if they knew or should have known that the driver would have been dangerous.  This negligent hiring often involves improper background checks or other mistakes on the company’s end.

Licensing Issues

Drivers must be properly licensed.  If the trucking company failed to check for licensure or allowed their driver’s license to lapse, they could be liable.

Negligent Retention

Trucking companies are also potentially responsible for a crash if their driver should have been fired earlier, but they kept them on staff anyway.  For example, a past history of serious trucking violations, crashes, or DUIs that the employer knew about would make a reasonable employer fire their driver.  If the company did not, then they could be liable for what the driver does after that.

Improper Maintenance/Inspections

The driver is responsible for some inspection before a run, but the trucking company is responsible, as the vehicle’s owner, for regular maintenance and inspections.  Mistakes and failures here can make them liable for a crash.

Hours of Service Violations

Truckers have limits on how long they can drive.  If the trucking company forces them to violate these rules, the company is potentially liable for the effects of that violation.

Whose Insurance Covers the Crash?

In California, we have an at-fault system that governs whose insurance pays.  This typically means you will be filing a claim with the other driver’s insurance, but your insurance might help.

At-Fault System

In our at-fault system, the driver who was at fault pays.  This means their insurance policy covers damages first and foremost.

Your Insurance

Even so, you may have insurance on your policy that you can tap into regardless of who was at fault to cover damages more quickly.  Things like collision coverage can pay for vehicle repairs, for example, all before you have to prove fault.

These payments can be put out early in the case, then your insurance company can get paid back from your winnings if you win a lawsuit later.

Trucking Company’s Insurance vs. Trucker’s Insurance

The at-fault parties may have multiple insurance policies.  For example, the truck driver might have insurance to cover their driving, while the insurance company has insurance to cover its business operations.

All in all, these are usually all paid for by the defendant, and it matters more that there is enough coverage rather than which policy is covering what when these payments overlap.  Our truck accident lawyers can help you sort this out.

Other Drivers’ Insurance

If another driver shared partial fault for the crash, then their insurance should pay for that fault.  The truck driver’s or trucking company’s insurance will not typically pay for the portion of the blame that falls on someone else’s driving, making claims and lawsuits more complex.

How Long Do You Have to File a Truck Accident Case?

California’s statute of limitations on injury cases is 2 years.  This means that you lose your case if it is not filed within 2 years of the date of the crash, unless you fall into one of the narrow exceptions.

How Do You Know Who to Sue?

Your lawyer can help you determine who was at fault and which parties should be included in the lawsuit.  In some cases, you do not need to pick and choose between multiple parties; we can accuse multiple people of partial fault and let the jury decide each one’s percentage of the blame.

Can You Reject a Settlement Offer?

Yes – and you often should.  The first offer to settle is often far too low, and our lawyers often recommend rejecting it.  We can renegotiate after refusing a settlement offer and advise you when the offer is actually good enough to accept.

If we cannot get to a fair offer, we can take them to court instead.

Call Our Truck Accident Attorneys in Long Beach Today

Call the Law Office of John J. Perlstein at (213) 252-1070 for a free case assessment with our truck accident lawyers.