Huntington Beach Truck Accident Lawyer
One mistake by a truck driver could cause a highway disaster, and drivers should always exercise caution. If you are hurt in a truck accident, call a lawyer to discuss how to get compensation.
Truck drivers are often at the center of insurance claims and lawsuits, and their employers and other drivers involved in the crash may also be held responsible. To prove your claims, we need evidence such as witness testimony, video footage, photos of the accident, your medical records, and possibly more. Truck accidents are often severe, so damages might be quite high, and you should speak to an attorney as soon as possible.
Ask our truck accident attorneys for a free initial case assessment by calling the Law Office of John J. Perlstein at (213) 252-1070.
Who is Responsible for Car Accidents in Huntington Beach?
Car accidents can be complicated, and it might not be obvious who is responsible. The police and your lawyer may investigate the accident to determine fault.
Truck Driver
Many truck accidents are related to truck driver negligence. Running red lights, ignoring signs, speeding, and driving while distracted are just a few common examples of trucker negligence.
While we should wait for the results of a formal police investigation before making any important decisions, there is a strong chance the truck driver in your case is responsible.
Trucking Company
If a trucker negligently causes injuries while performing normal job duties. The trucking company may be held vicariously liable. The trucking company can also be held responsible for its own failures, such as negligent vehicle maintenance.
Including the trucking company is often a smart idea, as they typically have greater resources to pay for damages.
Additional Drivers
Other drivers, in addition to the trucker, may have contributed to the accident. If we believe any other drivers contributed to the crash, we should work to identify them and include them in your lawsuit. We may need to speak with witnesses and review police reports to determine this information.
What Evidence or Proof Should You Have When Suing for a Truck Accident?
Evidence is a key component of any lawsuit, and we must have enough evidence to prove that the defendant is responsible for the accident and your damages.
Witnesses Testimony
Truck accidents tend to happen on busy highways, and many other drivers and passengers likely witnessed the event. If you have any names of people who stopped to help, tell your attorney. We can also review police reports for details about potential witnesses.
Video Evidence
Video footage might come from various sources, including, but not limited to…
- Security cameras
- Dashcams
- Traffic cameras
- Cameras equipped on the truck
The more video footage we can obtain, the better. Video evidence often reveals many details about how the accident occurred and can be difficult for defendants to dispute.
Medical Records
While photos of your injuries and your testimony may be helpful, we likely need copies of your medical records from when you received treatment. Our truck accident attorneys should request these records from the hospital as soon as possible, as compiling everything we need can take time.
Claiming Damages in a Truck Accident Lawsuit
Damages are unique in each case, so it may be hard to say exactly what your damages are until you have discussed them with a lawyer. Even so, truck accidents are often serious, and damages may be high.
Medical Expenses
You may have severe injuries after a truck accident, and you should get medical attention immediately. Unfortunately, medical care can be expensive, even for minor injuries. More serious or complex injuries often associated with truck accidents may be especially costly to treat.
Property Damage
You may have lost valuable property in the accident, including your vehicle and various personal items inside. You should claim the costs of repairing or replacing any damaged property.
Lost Wages
Your injuries may make it difficult to return to work, and you may need to leave your job for an extended period. The longer you are unable to work, the more income you may lose, making it harder to make ends meet while you recover.
Your attorney can calculate the value of the income you have lost and the income you may continue to lose as your case progresses and add it to your damages.
Pain and Suffering
Truck accidents have a way of inflicting significant physical and emotional pain. You may experience painful injuries and endure significant mental trauma after the accident, both of which deserve compensation.
When Should You File a Truck Accident Lawsuit in Huntington Beach?
In California, plaintiffs filing personal injury lawsuits, including truck accident cases, have 2 years from the date of the accident to file their claims in court. If we do not file on time, we may be barred from filing at all.
How Do You Know Who Caused the Truck Accident?
In some cases, it is clear from the beginning who is at fault, and it is often the truck driver. However, each case is unique, and we may need to wait for the police to complete their investigation. Your lawyer can help you investigate, too.
Can You Sue for a Truck Accident if You Already Filed an Insurance Claim?
You may file a lawsuit and claim the full extent of your damages if your insurance covered a portion of damages already. However, if you settled with the defendant’s insurance, your case is over and you cannot sue.
Do not accept money or sign anything from the insurance companies without checking with a lawyer first.
How Long Will a Huntington Beach Truck Accident Lawsuit Take?
When people are seriously hurt or killed, or when property damage is extensive, investigations may take longer. Not only that, but when greater damages are at stake, the parties involved will likely take more time to review evidence and develop legal arguments.
It is normal for truck accident cases to take a year or more to complete. However, your specific case may differ, especially if you choose to accept a settlement offer, which may cut your case short.
Ask Our Truck Accident Attorneys in Huntington Beach to Review Your Case
Ask our truck accident attorneys for a free initial case assessment by calling the Law Office of John J. Perlstein at (213) 252-1070.