Home > Research Legal Advice > Car / Auto Accident > Who can I sue after being injured in a truck accident?
Asked about 1 year ago - Oakland, CA
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My family was side-swiped by a large commercial truck. Damage to our car was extensive, and three of us had to see the doctor. Who can a sue in a case like this? The driver? The company he works for?
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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.
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.
Rabeh
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.
Sincerely,
JOHN N. KITTA
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
Daniel Buttafuoco
www.1800NowHurt.com
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