Orange County, CA Truck Accident Lawyer

The aftermath of a serious truck accident is an important time to work with a lawyer.  Not only might you be facing serious medical expenses that you cannot afford, but you might be out of work, and other expenses might be creeping in.

We can fight at-fault drivers, trucking companies, and their insurance companies to get you the damages you deserve after a crash.  If the trucking companies refuse to pay a full settlement, we can take them to court and fight for maximum compensation.

For a free case evaluation, call the truck accident lawyers at the Law Office of John J. Perlstein right away at (213) 252-1070.

How Much is a Truck Accident Case Worth in Orange County?

The value of any truck accident case depends on the damages you face.  What money you can get out of the case will also depend a bit on who was at fault, whether the truck driver was an employer, and what the negotiations look like in the case.

Damages Available

You can only claim damages you actually faced.  That means that we need to put a specific value on your case in these following areas, not just assign a set price to each injury:

  • Medical bills to cover care you already received and likely will need going forward
  • Lost wages to cover wages you missed and any reduced earnings going forward
  • Pain and suffering from the injuries
  • Vehicle damage.

Can The Trucking Company Pay?

In cases where the truck driver who hit you was self-employed or worked as an independent contractor, the case might stop with them.  They should have insurance to cover damages, and commercial policies often have high-dollar damages.  However, individual truckers are not typically as able to pay as trucking companies.

You can sue a trucking company for its driver’s mistakes if they caused the crash while working within the scope of their employment.  You can also sue a trucking company for its own mistakes, such as negligent vehicle maintenance or negligent hiring.

Special California Policy Limit Rules

Insurance policies have a policy limit.  This means they will not pay anything beyond that, and you can only recover for more than policy limits if the driver pays out of pocket for the additional damages.  However, California has a special rule that may come into play to let us claim even more from insurance.

If we offer to settle with insurance for a reasonable amount that is within their policy limits, and they reject our settlement offer, then we may be able to sue them for the full value of the case.  If we win, even if it is more than the policy limit, they have to pay for all of it if certain conditions are met.

What Should You Do After a Truck Accident

After the crash, take the following steps to start collecting evidence and building your claim.

Call 911

All auto accidents involving injury must be reported to the police.  When you call, ask for an ambulance, too.

Get Medical Attention

If the ambulance crew can treat you and stabilize you, you might not need to go to the hospital right away.  If further injuries or pain develop in the next few hours or into the next day, go to the hospital for follow-up care.  This is common with whiplash, which might not be obvious until the next day.

If you need immediate care, go to the hospital.

Collect Evidence

If you can remain at the scene at all, collect the following evidence:

  • The other driver(s) name(s) and contact info
  • The insurance information for all drivers
  • The truck driver’s employer contact info
  • All witness contact info
  • Photos of the accident scene, vehicles, damage, and injuries
  • Information about traffic signs, road conditions, lighting, location, etc.
  • Information on any dash cams you spot in the vehicles or nearby security cameras that might have been pointed at the accident.

If you cannot stay to collect this info, we may be able to find it in the police report.

Call a Lawyer

From there, call a lawyer for help.  Let our truck accident attorneys file insurance claims, talk to the defense, and file lawsuits.

Never accept a settlement or take any money from the defense or insurance until you confer with your lawyers first.

How Long Do You Have to Sue for a Truck Accident in Orange County, CA?

California law gives victims 2 years to sue for a truck accident in most cases.

Do You Sue the Trucker or the Trucking Company?

Typically, you sue whoever is at fault.  If that is the truck driver, then you sue the truck driver; if it was a different driver, then you sue them instead.  Partial fault is also allowed if multiple drivers were at fault.

If the trucking company was responsible through negligent hiring or vehicle maintenance, then you might sue them for partial fault.  You can also sue the trucking company in their role as the driver’s employer if the driver was working within their job duties when they caused the crash.

How Do Truck Crashes Work with Multiple Victims?

In many truck accident cases, multiple drivers and passengers will be injured.  In big pileups, this could mean splitting the driver’s insurance so many ways that there is not much left.

In these cases, there are a few ways to see that you get paid:

  • Commercial truck drivers often have high-dollar policies intended to cover multiple injuries and millions of dollars in property damage.
  • Suing the trucking company may open their money and assets to your suit as well.
  • You may be able to settle early so your case ends before the defense runs out of money.
  • Your insurance might have uninsured/underinsured motorist coverage that can help pay for damages if their insurance is too low.

In any case, work with a lawyer.

Should You Settle a Truck Accident Claim?

Most cases do ultimately settle, but you should always review the case with a lawyer.  Have your lawyer go over your damages and see what your case should be worth, check the settlement offers to see if they are enough, and negotiate for higher damages if they are not.

If your lawyer advises you not to settle, it might be better to take the case to court and have a jury decide your damages.

Call Our Truck Accident Attorneys in Orange County Today

For your free case review, call the truck accident lawyers at the Law Office of John J. Perlstein at (213) 252-1070.