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Who May Sue for a Death or Injury Resulting from a Trucking Accident?

July 9, 2015 by Michael Waks

truck-1192536-mWhen 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.

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Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
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About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

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Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

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