Truck collisions are often considered highway disasters. Many drivers, including you, may be severely injured, and the person or people who caused the accident should be held responsible. If you were hurt in a truck crash, call a lawyer who can help you sue those responsible.

You may have multiple legal options for financial compensation, including insurance claims, private settlements, and lawsuits. Your lawyer should review these options with you and help you decide which options work best for you and are likely to net you the most compensation possible. The truck driver who caused the accident and their employer, the trucking company, will likely be included in your case.

Speak to our truck accident attorneys by calling the Law Office of John J. Perlstein at (213) 252-1070 and ask for a free, private case evaluation.

How Do You Get Financial Compensation After a Truck Accident?

Truck accidents are known for involving high damages. An attorney can review all your legal options with you and choose the one most likely to get you the most compensation.

Insurance Claims

After any auto accident, including truck crashes, injured victims may file an insurance claim. Since California is a tort-based state for insurance claims, you can file a third-party claim with the at-fault truck driver’s liability coverage. You must be prepared to prove how they were responsible before the insurance company pays anything.

You should also try to file a claim with the trucking company’

S insurance coverage, too. This coverage is likely far greater than an individual truck driver’s, and you may be more likely to get the full extent of your damages covered.

Private Settlements

The truck driver and their employer might be willing to work out a private settlement if insurance is not enough. If the evidence clearly shows that the trucker and the trucking company are at fault, but their insurance policies are insufficient to provide adequate compensation, they may be willing to pay more out of pocket to avoid a trial.

Keep in mind that this is not a very common scenario. However, large companies sometimes offer larger settlements to keep details of the accident private and avoid bad publicity.

Injury Lawsuits

If the defendants and their insurance companies refuse to offer an adequate settlement, our truck accident lawyers can take the case to court. If we prove your claims in court, the defendant and the insurance companies are legally obligated to pay. Although lawsuits can take a long time to complete, they are often worth the time and effort.

Who Should You Include in Your Laguna Beach, CA Truck Accident Case?

We must include the right parties in your case. If we leave anyone out, we may have a harder time getting all the compensation you deserve.

Truck Drivers

We must include the negligent truck driver, as they are likely the one directly responsible for the accident. While we might not know the full story until after a formal investigation, we might find that the truck driver was speeding, driving recklessly, or had even fallen asleep at the wheel.

Trucking Companies

If the truck driver is directly responsible for the crash, their employer, the trucking company, may be held vicariously liable. When an employee negligently causes an accident and injuries while completing their normal job duties, their employer can be held vicariously liable.

We must include the trucking company in the case if possible. Your damages may be quite high, and the truck driver might be unable to afford them on their own. The trucking company likely has greater financial resources, and you may be more likely to get everything you need.

What Kind of Evidence Should You Have in a Truck Accident Lawsuit?

Your claim cannot succeed without evidence, and evidence is perhaps the trickiest part of a lawsuit. Evidence may come from many sources, and it is often unique to each case. Even so, below are common examples of evidence we should look for.

Witnesses

Many other drivers, passengers, and pedestrians may have witnessed the accident or been involved in it. If possible, you should try to exchange information with these people at the accident scene. We can contact them later and interview them to determine if they have valuable testimony.

Videos and Photos

As you wait for help after the accident, use your cell phone to take as many photos as possible. Law enforcement will quickly clear the accident scene, and your photos may preserve valuable evidence that would otherwise be lost.

We should also look for video footage from security cameras or dashcams inside vehicles. The truck itself may have been equipped with security cameras inside and outside the truck’s cab.

Event Data Recorders

Many large trucks today are equipped with event data recorders, which are often referred to as black box devices. They record almost everything about the truck during its journey, including speed, braking, acceleration, and more. This data may explain exactly how the trucker was driving leading up to and during the crash.

Medical Records

To prove your claims about your injuries, we need evidence from your medical records. As you complete your treatment, we should request copies of your medical records from the hospital. It can take time to compile these records, so we should ask about them as soon as possible.

Can You Sue for a Truck Accident if You Are Uninjured?

Yes. You can still sue for a truck accident even if you do not have physical injuries, but your claims will be something other than a personal injury claim. You may sue for other damages, including damage to your property and any other losses you may have incurred.

Keep in mind that if you are uninjured, your damages are likely going to be smaller, and it may be difficult or impossible to claim non-economic damages for pain and suffering.

How Long After a Truck Accident Can You Sue for Damages?

The statute of limitations for personal injury claims in California is only 2 years. If we do not file your case within 2 years of the accident, we may be unable to ever bring your claims to court. As such, you must contact a lawyer for help as soon as possible.

Should You Call the Police After a Truck Accident?

Yes. Truck accidents often constitute major emergencies, and the police should be alerted as quickly as possible. They can secure the scene and get people to safety as they wait for emergency medical personnel. They may also investigate the accident, help determine who is at fault, and gather evidence.

Discuss Your Claims with Our Truck Accident Attorneys in Laguna Beach, CA

Speak to our truck accident attorneys by calling the Law Office of John J. Perlstein at (213) 252-1070 and ask for a free, private case evaluation.