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

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

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

Posted

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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

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Posted

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 State of New York. The response herein is not legal advice and does not 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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Posted

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

Take care.

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Posted

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.

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Posted

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" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not 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.

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1 comment

Asker

Posted

no signals were ever used

Posted

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

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2 comments

Asker

Posted

thank you very much! I agree. a trucking attorney would probably be best.

Asker

Posted

Accident* attorney.

Posted

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.

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Posted

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 attorney if you need further assistance.

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Posted

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.

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Posted

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

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Posted

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.

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Posted

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.

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Posted

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 intended to form an attorney client relationship. Manuel Juarez. Esq., is licensed only in California. He practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California. El abogado de lesiones y heridos en accidentes de autos, Manuel A. Juarez es licenciado solo en California.

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Posted

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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