When a trucking accident occurs, a truck driver or a trucking company can be held legally responsible for death or injury resulting from the collision. Victims can file a civil claim to recover compensation for actual losses and non-financial damages. Only certain victims can file a lawsuit against a trucking company so it is important to determine who can sue under California law.
Who Can Sue for Injury Resulting from a Trucking Accident?
California law requires anyone who files a civil lawsuit to have standing to sue. The Judicial Branch of the California Courts explains that a person has standing if they are “directly affected by the legal dispute.”
The Judicial Branch goes on to explain that: “in a case for personal injury, you have to be the one to have actually suffered the injury in the accident. You cannot just be a person who was standing nearby and sue the person who caused the accident if you did not suffer any damages.”
A victim who sustains an injury in a truck collision may file a lawsuit because he has standing since he directly suffered losses. The victim must have suffered some type of actual physical damage. Involvement in an accident that simply causes emotional trauma is not usually going to be sufficient to file a civil lawsuit for a truck crash.
Victims who are eligible to sue can include virtually anyone hit by a truck including people in cars, pedestrians, motorcycle riders, and bicycle riders. However, there are exceptions. Truck drivers are generally not allowed to sue employers but instead must make a workers’ compensation claim. However, if a trucker is hurt in a collision because of malfunctioning equipment or negligence on the part of a truck manufacturer, the trucker may file a lawsuit against any non-employer after a truck crash.
Who May Sue for Death Resulting from a Long Beach Trucking Accident?
When a victim is killed by a truck crash, close surviving family members may file a wrongful death claim. This can include spouses, domestic partners, surviving children, and other close relatives or dependents. The family members may file a wrongful death claim if the victim would have had a personal injury claim if he had not died due to the injuries.
A Long Beach Truck Accident Lawyer Can Help You Sue for Death or Injury Resulting from a Long Beach Trucking Accident
“Your Injuries Are Personal to Me”
A Long Beach truck accident lawyer can help you to determine if you can sue for death or injury resulting from a Long Beach trucking accident. At the Law Office of Michael D. Waks, your injuries are personal to me.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.
- How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
- How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
- Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
