I was in a car accident and my car was totaled from crashing into a big rig , but it was the truck drivers fault

Asked about 1 month ago - San Pedro, CA

i was in left lane-truck driver was in the right- truck driver cut right in front of me to make a u turn. there was no way i wasnt gonna hit him

Additional information

how can i prove it was his fault? and Do i need a lawyer to protect myself from the other insurance trying to place the blame onto me?

Attorney answers (14)

  1. Steven Mark Sweat

    Contributor Level 19

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    Best Answer
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    Answered . If you were injured seek prompt medical attention and contact an attorney as soon as possible. The attorney can assist you with obtaining a copy of the police report and any current medical records and help you obtain medical treatment, if necessary. Unfortunately, the scenario you describe where a big rig makes an unsafe lane change in an attempt to negotiate a u-turn without properly assessing surrounding traffic is not uncommon. From what you describe, it sounds like all or a majority of the legal fault would lie with the trucker for, among other things, a violation of California Vehicle Code 22107.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  2. Robert Max Klein

    Pro

    Contributor Level 15

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    Answered . If you sustained an injury, you will need a lawyer to protect you and fight for you. If you were not injured, here are some things you can do to protect yourself. First, call the claim in to your own insurance carrier. Second, take photos of the damage to your vehicle. You should also take photos of the street where the incident occurred. This will be useful to show where you were and how the truck cut in front of you causing the incident. If you have the names of any witnesses, provide that to your insurance carrier also. I am sure there will be more suggestions from other lawyers who respond.

  3. Armen Michael Tashjian

    Pro

    Contributor Level 14

    8

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    Answered . Get a face to face consultation with a lawyer so you are properly advised and protected.

    Take care.

  4. Matthew William Hoffmann

    Contributor Level 14

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    Answered . You'll definitely need an attorney. They will likely try to deny responsibility for this accident.

    This answer is for general purposes only and does not establish an attorney-client relationship. Consult with an... more
  5. Peter M Gorski

    Contributor Level 5

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    Answered . Assuming you may have suffered significant bodily injuries, I would strongly recommend you immediately contact an attorney from the greater L.A. metro area, who has particular expertise and experience in handling Trucking Collision cases. One key point is NOT to go to just any attorney that claims to handle motor vehicle accidents. Most "personal injury" attorneys do not have knowledge and experience in handling the very different laws and issues that can arise in commercial vehicle collision cases. Trucking Collision cases are largely governed by federal rules and regulation-which do NOT apply in car crash cases.
    My second piece of advice is to not wait in contacting and retaining such an attorney. If there were any significant injuries reported, the trucking company, and any other commercial enterprise involved in that truck's operation, will have their attorney and expert witnesses at the scene collecting evidence and taking witness statements, possibly as I sit here tying this response to your question. If you are contacted by anyone you do not know about this collision, I suggest you consider refusing to speak with them until you have had an opportunity to speak with a qualified Trucking Collision attorney.
    PeterGorskiAZ

  6. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . What does the police report say? This will be a fact-dependant analysis. If the driver had his turn signal on, you may be at fault. If not, you clearly had the right of way.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . A local personal injury lawyer would like to see the police report, speak to witnesses and obtain any traffic camera footage. Avvo has a terrific "find a lawyer" tool.

  8. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you have ins, report it to them. They should investigate in order to head off or be prepared for a claim against you. Get the police report as soon as available. If injured, get a free consult from local injury lawyer.

  9. James Michael Johnson

    Contributor Level 10

    4

    Lawyers agree

    1

    Answered . You'll need an experienced California truck accident attorney to assist you with this matter if you are injured as a result of another driver's actions.

  10. Brian C. Pascale

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . First seek medical care to make sure you are ok. Then quickly find an attorney to protect your interests.

    If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the... more
  11. Christopher John Gansen

    Pro

    Contributor Level 18

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    Answered . That's a rough one. As everyone else has said, you need a lawyer. If you're not hurt badly that's good, but if you are, don't wait before looking for a qualified lawyer. As you can probably guess, plenty of local lawyers on this site would consult with you for free.

  12. Manuel Alzamora Juarez

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleagues, get treated and then hire a local truck accident lawyer to advise you. Best of luck.

    This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not... more
  13. Kevin Coluccio

    Contributor Level 20

    3

    Lawyers agree

    Answered . Report the accident to your insurance carrier. Most attorneys provide for a free consultation, I would contact a local attorney for such.

  14. Jennifer Leonhardt Ojeda

    Contributor Level 4

    1

    Lawyer agrees

    1

    Answered . I agree with most of the other responses. You need an experienced trucking attorney in California if that is where the collision occurred. Meet with the attorney face to face and bring a list of questions with you. Ask about the prospective attorney's experience in trucking specific litigation. I do not agree that the police report is going to tell you whether or not you have a case. Trucking cases are not the same as regular car wreck cases. Best of luck to you. I hope you were not seriously injured in this wreck. It's certainly a scary experience, isn't it?

    I hope this information has been helpful to you. I am an attorney licensed to practice law in the State of Geogia. The above response does not constitite legal advice, nor does it create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I urge you to consult with an attorney in your state in order to ensure proper advice specific to your case and consistent with your pending litigation is received.

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