This is a very specialized case and it requires knowledge, experience and an extensive investigation. My advice is to retain counsel.
Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter into a written agreement signed by both you and I.
You should contact a qualified personal injury attorney who practices in Oakland. There is a distinct advantage to local counsel. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
I urge you to contact an attorney who can assist you in this. Suing someone and a trucking company is not easy and not a DIY job. Think about it....you see all the cool DIY things on tv like, cooking a roast, landscaping your yard, fixing your car. Have you ever seen a TV show about "suing the man he hit you".
No. Why? Because the rules are made to keep non-lawyers out. You will be facing skilled counsel for the other side. Let alone the blood sucking insurance companies who will leave you for dead and offer you nothing for you pain and injuries.
Please call an attorney.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
You can bring a claim, and, if necessary against the driver and the company he works for. You may also have a claim against other parties should the driver have been performing a service for a third party. Generally, commercial vehicles carry insurance policies with coverage of at least $250,000.00 per person. Unless serious injuries have resulted the coverage of most commercial vehicles is adequate to compensate injured parties for all of their damages including, medical bills, loss of earnings and other incidental damages. You are also entitled to damages for paiin and suffering in most jurisdictions including California and many other States.
You should contact an attorney as soon as possible and you should avoid speaking with any insurance companies, yours or theirs, until you have had the benefit of being advised by competent counsel with experience in the handling of personal injury claims.
I am so, so sorry this happened to you. I hope the three of you are alright. I agree with the other lawyers - you do need to contact a personal injury lawyer. The trucker's insurance company will likely try to get you to settle your claim as soon as possible, but this would not be in your interest. In some cases, people who are the victims of car accidents get hairline fractures, symptoms of whiplash, or other chronic neck/back pain that can take months to diagnose and treat through therapy. A lawyer can help you navigate through this process and pursue your property damage as well as personal injury claims.
There are plenty of good lawyers on this site - it I can be of help, let me know. My firm handles numerous types of personal injury actions, including car accidents.
Take care, and I hope you all feel better soon.
PLEASE READ: ATTORNEY ADVERTISING MATERIAL. I am providing you with general comments, not legal advice. Nothing in this answer creates an attorney-client relationship nor constitutes legal advice, as I do not know the facts of your case well enough to be able to guide you, nor am I making any promises about the outcome of your case, or any guarantees about my capabilities, skill level, or predicted success. If you would like to retain me to provide you with legal advice, please contact me and we can discuss the engagement.
If you've suffered an injury, you need an experienced law firm that you can trust. With 31 years experience, we want to be your personal injury expert. We will work hard to make sure you receive prompt payment for your injuries. We have represented accident victims throughout California working to insure they obtain the most substantial awards available from the Defendants and their insurance companies. You need an experienced and effective negotiator. While we are prepared to represent you in Court, based on our past expertise and experience, 97.5% of cases settle prior to trial.
Without question, you can sue the driver of the truck and the truck company. There are other possible parties who might have liability, but we would have to investigate the scene as well as review the police report. For instance, if the roadway is poorly planned or had signage or lighting problems, Cal Trans could even have liability. It takes a very thorough analysis to come to a final conclusion in this regard. Whatever you do, make sure you and your passengers seek out and obtain medical treatment for your injuries. Please describe the nature and extent of your injuries. Also, you should get a copy of the police report if it exists. If you don't have a copy, then you should get one and forward it to our office for our review and consideration.
I hope this is helpful. If our office can be of legal assistance to you, please do not hesitate to contact us at (510) 797-7990.
JOHN N. KITTA
This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.
It is difficult to give an accurate evaluation of your case based in the limited information provided. Find an experienced attorney and call for a free consultation ASAP
If this information has been helpful, please indicate below. NY Attorney, Daniel Buttafuoco, has been voted BEST LAWYER five years in a row and has represented clients all over the United States. 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 timelines that, if known, could significantly change the reply and make it unsuitable. Daniel Buttafuoco strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. www.1800NowHurt.com
I handle cases like this on a regular basis. You would sue the driver's company and get their insurance policy. How bad were you injured? How much damage was caused to your vehicle.
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