We often drive alongside large trucks so frequently that we disregard the risks of an accident. Unfortunately, some drivers learn exactly what can happen, and they are often badly injured. If you are hurt in a truck crash, get a lawyer to help you get financial compensation.

After a truck accident, you or someone else at the scene should call 911 and request emergency responders. Make sure an ambulance and the police are sent to your location. After you get treatment, call a lawyer to discuss the accident. Your claims may be worth far more compensation than you realize, and your lawyer can help you investigate the accident, gather evidence, and sue the trucker and the trucking company.

Receive a private, free case evaluation from our truck accident lawyers at the Law Office of John J. Perlstein by calling (213) 252-1070.

What to Do Following a Truck Accident

You must call for help immediately after a truck crash. Do not hesitate to call 911 and report the accident. Even if you do not feel badly injured, others might be, and they need help.

Call 911

Call 911 immediately. If you have a cellphone, use it to call for help as soon as possible. Only exit your vehicle if it is safe to do so. Many truck accidents happen on busy highways, and oncoming traffic may be a serious problem. Until the police arrive to secure the scene, move with extreme caution.

Talk to Others at the Accident Scene

If you can safely exit your car, try to speak with others involved in the accident and exchange contact information. These people may be able to provide valuable testimony in your lawsuit. If they file their own claims, you may share information and evidence, thereby strengthening both of your cases.

Call a Lawyer

In addition to steep medical bills, you may have other damages, including property damage, lost income, and more. Your claims may be worth far more compensation than you think. An attorney can help you evaluate your claims and navigate your case through the judicial system.

Who Can You Include in a Truck Accident Lawsuit in Newport Beach, CA?

We must include anyone who we believe is responsible for the accident in your case. If anyone is left out by mistake, it may be harder to recover compensation for the full extent of your damages.

Truck Drivers

In many truck accident cases, investigators determine that the truck driver is directly responsible for the crash. Common examples of trucker negligence include, but are not limited to, fatigued driving, speeding, reckless driving, and distracted driving.

While it is important to include the negligent truck driver in your lawsuit, they may be unable to afford all your damages on their own. As such, our truck accident attorneys should try to include their employer, the trucking company.

Trucking Companies

The trucking company may also be held responsible. If an employee (i.e., the truck driver) is found to have negligently caused injuries while performing normal job functions, their employer (i.e., the trucking company) may be held vicariously liable.

It may instead be possible to argue that the trucking company should be held directly liable instead. For example, if the trucking company hired a truck driver despite knowing they were unfit for the job and likely to cause an accident, the trucking company may be directly liable for negligent hiring.

Third Parties

A third party is someone other than one of the primary parties to the lawsuit. Certain third parties may be held liable for accidents. For example, if we learn that the accident occurred because the truck was recently equipped with new brakes that proved defective, we can sue the brake manufacturer as a third-party defendant.

Claiming Damages in a Truck Accident Lawsuit

Damages in truck accident cases tend to be high. Injuries are often severe, and plaintiffs typically claim numerous, extensive losses.

Medical Bills

Truck accidents are extremely severe collisions, and those involved are often severely injured. It should come as no surprise that your medical bills will likely be very high, and you may claim these costs as part of your damages.

Catastrophic Injuries

Some injured victims experience catastrophic injuries so severe that they live with long-term or lifelong complications or disabilities. For example, victims might experience severe brain damage that leaves them with cognitive impairments. Others might suffer spinal cord injuries that leave them unable to walk.

Catastrophic injuries not only lead to much greater pain and suffering for victims, but many such injuries require years-long care, which is enormously expensive. If you experience such injuries, your damages for medical expenses and pain and suffering should be much greater.

Lost Income

Your injuries may prevent you from returning to work any time soon, and you may lose valuable income. You should claim any income you lose and income you will likely continue to lose as part of your damages.

Pain and Suffering

Truck crashes can cause severe injuries, years of trauma, and immense physical and mental pain and suffering. Although these incredibly painful experiences may not be rooted solely in money, they certainly deserve financial compensation. These damages are highly subjective and may be unique to you, so you should talk to your lawyer about how to properly claim them in your lawsuit.

Do You Have to File an Insurance Claim After a Truck Accident?

No. Insurance can be helpful, but you are not required to accept a settlement from an insurance company. Insurance companies may deny your claims for seemingly unfair reasons, and they do not have to be as transparent about their decision-making process as a court of law.

Also, many people choose to sue because they cannot reach a good settlement agreement with insurance companies. If insurance will not pay you what you deserve, take them to court and make them pay.

Where Do You Find Evidence to Support a Truck Accident Case?

Evidence from a truck accident often comes directly from the crash scene. Witness testimony, photos of the crash scene, and videos from security cameras and dashcams should be gathered quickly.

When suing a trucking company, we can demand access to business records that may shed light on important details of the case and the defendant’s liability.

How Much Time Do You Have to File a Lawsuit After a Truck Crash?

In California, plaintiffs seeking to file personal injury lawsuits, including those for truck crashes, have 2 years from the date of the crash to file their claims in court. If we do not file within this period, we may be barred from ever bringing your claims to court.

Ask Our Truck Accident Attorneys to Review Your Case Today

Receive a private, free case evaluation from our truck accident lawyers at the Law Office of John J. Perlstein by calling (213) 252-1070.