Los Angeles is infamous for its long highways and heavy traffic. Accidents are somewhat common in the area, and truck accidents are no exception. If you or someone you know was hurt in a truck crash around LA, call an attorney about getting fair financial compensation.
Your attorney should help you explore various legal options, including insurance and lawsuits. You may file an insurance claim against the trucker’s insurance or their employer’s insurance. If they are uninsured, you may rely on your own coverage or file a lawsuit. Accidents are often the result of trucker negligence, and the trucker’s employer should be included in the case, as they may have more financial resources to cover your damages.
Contact our truck accident attorneys for a free, private legal evaluation by calling the Law Office of John J. Perlstein at (213) 252-1070.
Who Should Be Held Responsible for a Truck Accident in Los Angeles?
Truck accidents can be complicated, and the identity of those responsible might be unclear until after an investigation. However, in many cases, negligent truckers and their employers are held responsible.
Truck Drivers
Many truck accidents, if not most of them, happen because of negligent truck drivers. Remember, trucks are enormous and extremely heavy. When traveling at high speeds, a truck becomes incredibly dangerous. One mistake behind the wheel could cause a devastating accident.
Common examples of trucker negligence include, but are not limited to, the following:
- Speeding
- Failing to signal
- Fatigued driver
- Driving while intoxicated
- Driving while distracted
Trucking Companies
When a truck driver negligently causes an accident, their employer may also be held responsible even if the employer did not have direct involvement in the accident.
An employer may be held vicariously liable for injuries negligently caused by an employee if that employee was acting within the normal scope of their duties when they caused the accident. This generally encompasses most truck accident cases.
Additional Drivers
The truck driver might not be the only one who contributed to the accident. Often, other drivers on the road also act negligently, and their actions combine with those of the trucker to cause the accident.
For example, if a truck driver is speeding, and another driver recklessly cuts off the truck without signaling, they both may be held responsible for the resulting accident.
What Should You Do After a Truck Accident if the Trucker is Uninsured?
Not every truck driver on the road has insurance as required by law. While this may pose a complication in your legal claims, it does not have to stop you from getting fair compensation.
Uninsured or Underinsured Motorist Coverage
When at-fault drivers lack auto insurance, injured victims may file first-party claims with their own uninsured or underinsured motorist coverage. These policies are specifically designed to help drivers when other drivers have no insurance, or their insurance is insufficient to cover all their damages.
The Trucking Company’s Insurance
If the truck driver is uninsured, their employer should have insurance to cover the accident. Businesses in general are required to carry liability insurance, and this is especially important for trucking companies, as accidents may be disastrous. We should contact the trucker’s employer about insurance information as soon as possible.
Personal Injury Lawsuit
When insurance is not enough or unavailable, you should consider suing for your damages. Although many people are hesitant to begin a lawsuit, doing so may help you get the full extent of your damages covered. Things like insurance policy limits should not limit your damages award.
How Do Truck Accidents Happen?
Understanding how the accident occurred may help us determine the best way to approach the case, determine who is responsible, and find evidence.
Head-On Collisions
Some of the most dangerous truck accidents involve head-on collisions. The trucker might lose control of the vehicle and cross a highway median into traffic going in the opposite direction. The truck may crash directly into the front of your car. These accidents can be extremely dangerous or even deadly.
Rollover Accidents
When cargo in a truck’s trailer is not properly loaded, it may become unbalanced. When the trucker makes an overly tight turn or tries to turn while going a bit too fast, the trailer could topple over. Anyone unfortunate enough to be near the truck when this happens might be seriously injured.
Jackknife Accidents
A jackknife accident often happens when a truck is speeding, and the trailer behind it starts moving at a faster speed than the truck itself. Often, this occurs when a speeding truck attempts to slow down, but the trailer does not slow down at the same rate.
The trailer may push forward, pushing the truck to the side, and the entire rig may crash into unsuspecting drivers.
Where Do You Find Evidence for a Truck Accident Lawsuit?
Finding evidence can be challenging because it is often unique in every case. What we need to prove your claims will vary based on how the accident happened and the extent of your injuries.
Photos of the Accident Scene
After a truck crash, drivers often exit their vehicles to take photos of the accident scene. A truck accident may cover a large area of the highway, and it is a good idea to take as many photos as possible.
The police will likely clear the accident scene from the highway as soon as possible, and your photos may preserve evidence and details that would otherwise be lost.
Video Footage
If any video recordings of the accident exist, we should obtain them as fast as possible before they are erased or deleted. We might find videos from dashcams in your car or in other drivers’ cars. The truck itself might have been equipped with onboard cameras.
Videos may show how the crash happened and shed light on the defendant’s role. Such videos may be very difficult for the defendant to dispute in court.
Witnesses
Truck accidents often happen on busy roads and highways where other drivers, passengers, and pedestrians can see. While you wait for emergency personnel to arrive to help, speak to as many people at the scene as you can. Get names and contact information if possible.
This will make it much easier for our truck accident lawyers to locate these witnesses later and interview them to see if they can provide useful testimony in court.
Event Data Recorders
Many large trucks today are equipped with event data recorders, also sometimes called black box devices. These devices record a vast array of data about the truck while it is on the road. For example, the device will record data on when the driver hits the brakes, speeds, when the truck stops, and other data points.
Trucking Company Records
The trucking company may have business records that will shed light on the accident, the driver, and other evidence related to the case. Since the trucking company controls these records, we may not have access to them until the discovery phase of the case, when we must exchange relevant information with the opposing party.
Can You Sue the Trucking Company for an Accident if the Trucker is an Independent Contractor?
If the truck driver is an independent contractor, the trucking company is legally not their employer and cannot be held vicariously liable. Even so, there might still be ways to hold the company accountable.
Misclassifications of Employees
Trucking companies sometimes misclassify truck drivers who are really employees as independent contractors. This might be an unintentional error or an intentional act to avoid purchasing Workers’ Compensation insurance. Either way, if we can prove that the trucker in your case was misclassified, we may be able to sue the trucking company for vicarious liability.
Negligent Hiring
We may have grounds to sue the trucking company directly. Negligent hiring may occur when a trucking company hires a truck driver, whether as an employee or an independent contractor, knowing that this person is unfit for the job.
For example, potential truck drivers must have a commercial driver’s license (CDL) and a clean driving record. If a candidate has a history of driving while intoxicated or causing accidents, the trucking company should not hire them. If they do, knowing about their bad driving record, the trucking company may be directly liable for accidents caused by the trucker.
Negligent Entrustment
Even if a truck driver has no history of bad driving or accidents and is usually fit for work, they may still show up one day unable to safely do their job. If the trucking company allows them to drive knowing they are not in any shape to do so, the company may be directly liable for negligent entrustment.
For example, maybe a truck driver is ordinarily a good driver and model employee. However, if they show up to work one day inebriated, and the trucking company allows them to drive anyway, the company may be liable for an accident.
What Damages Should You Claim in a Truck Accident Case?
People are often severely injured, and some people do not survive. Speak to a lawyer as soon as possible about what your damage, including many of the following, may be worth.
Medical Expenses
After a truck accident, you likely have serious injuries that require extensive medical care. Medical treatment is rarely cheap, and you may face incredibly high medical bills. All costs of your medical care related to the truck accident should be included in your claim for damages.
Property Damage
You might have lost valuable property and personal belongings in the accident, including your vehicle and any items inside it. The cost of repairing or replacing damaged property will add up quickly, and you should include all property damage in your claims.
Loss of Income
You might be unable to work after a truck accident, at least for a while, and you might lose income while you recover. You should claim the value of the income you lose due to your injuries. Also, we should calculate how much income you may continue to lose after the case is over and claim it as future damages.
Physical Pain
For many, the pain of injuries inflicted by a truck accident can leave them unable to live their normal lives. Many must remain on bed rest for a long time, and some people may develop chronic pain conditions that can be extremely difficult to live with.
Although physical pain does not come with a price tag or monetary cost, it may be worth significant compensation if it seriously interferes with your life.
Emotional Distress
The trauma of a truck accident, the physical pain of injuries, and all the negative complications to your life can take a serious toll on your mental health. Many truck accident victims report feelings related to PTSD, or they mourn the loss of the quality of their lives. Such feelings may warrant compensation, and you should talk to your attorney about how to evaluate them.
FAQs About Truck Accident Claims in Los Angeles
Can You Sue for a Truck Accident in Los Angeles?
Yes. You can sue the truck driver and their employer for the accident. It may also be possible to include other negligent drivers who contributed to the accident.
How Do I File Insurance Claims After a Truck Accident?
In California, injured drivers can file third-party claims with the at-fault driver’s liability insurance. You may also file claims with the trucking company’s insurance. If the trucker is uninsured or insurance is insufficient, you may file claims with your own uninsured or underinsured motorist coverage.
Who Should Be Held Responsible for a Truck Accident?
In many cases, the truck driver is responsible, as trucker negligence is a common cause of accidents. Their employer, the trucking company, may be held vicariously liable for the accident even if they are not directly involved. However, depending on the circumstances, the trucking company may be directly liable for negligent hiring or entrustment.
What if the Trucker in a Truck Accident is an Independent Contractor?
If the truck driver is an independent contractor, the trucking company they work for may not be held vicariously liable for the accident. However, if the trucker is misclassified as an independent contractor when they are really treated as an employee, we may convince the court to enforce vicarious liability.
Are Damages in Truck Accident Cases Serious?
In many cases, yes. Truck accidents are not small accidents, and the damage to vehicles and drivers may be severe. Some people are so badly injured that it takes months or even years to recover fully. Others might never fully recover, and financial compensation should be high.
How Do You Look for Evidence to Support a Truck Accident Lawsuit?
Evidence commonly includes photos from the accident scene, witness testimony, medical records about injuries, and video footage. We may obtain video footage from the truck’s onboard cameras and trucking company records regarding the truck and the truck driver during the discovery phase of the case.
Ask Our Truck Accident Lawyers in Los Angeles for Legal Help
Contact our truck accident attorneys for a free, private legal evaluation by calling the Law Office of John J. Perlstein at (213) 252-1070.
Truck driver for driving fatigued or distracted
Trucking company for insufficient driver training or overscheduling, improper maintenance, etc.
Cargo loading company for overloading
Personally guiding you through your claim
We understand that the claims process can be confusing for many victims, especially as they are already struggling with the pain of their injuries, the emotional shock, and more. But we want you to know that you are not alone.
Our Los Angeles and Orange County truck accident lawyer can personally walk you through the entire process, from the investigation, the paperwork, all the way to negotiations with adjusters. If we believe a trial is necessary in order to maximize your claim, then we are always prepared to fight for you in court. From start to finish, you can count on us to be there for you and help you get through this challenging time.