Getting hit by a delivery truck can turn your life upside down in seconds. One moment you are driving home, and the next, your car is totaled and you are staring at a massive Amazon or FedEx logo through a cracked windshield. These accidents are different from your typical fender bender. They are high-stakes, high-stress, and the companies involved have billions of dollars to protect their bottom line.
Just recently, we saw the devastating news of a hit-and-run in Castaic involving a semi-truck hauling for Amazon on the I-5. A young man, Alejandro Covarrubias, lost his life while simply trying to change a tire. You can read more about that tragic story at the Carrillo Law Firm news report. This is the reality on California roads. Whether you are in Los Angeles, San Francisco, or a rural highway in Kern County, these trucks are everywhere.
If you have been injured, you are likely overwhelmed. You have medical bills piling up, you are missing work, and the insurance adjusters are already calling. You need a personal injury lawyer california residents trust to fight back. Before you sign anything or say a word to an adjuster, read these seven common mistakes that could ruin your case, and how we can help you fix them.
1. Mistake: Thinking Only the Driver is at Fault
When a UPS truck rear-ends you, it is easy to point the finger at the person behind the wheel. While the driver’s negligence, like speeding or distracted driving, is the primary cause, they are rarely the only ones responsible.
In California, we look at the entire chain of command. If you only sue the driver, you might miss out on the insurance coverage needed to pay for your long-term care. Large delivery corporations often have multi-million dollar policies that the individual driver does not.
The Fix: We investigate everyone. This includes the delivery company, the maintenance crew who checked the brakes, and even the people who loaded the cargo. If the truck was overloaded and couldn't stop in time, that's on the shipping company too. We leave no stone unturned to maximize your recovery.
2. Mistake: Falling for the Amazon "DSP" Shield
Amazon is famous for using "Delivery Service Partners" (DSPs). These are smaller, independent companies that own the vans and employ the drivers. When an accident happens, Amazon often tries to wash its hands of the situation. They claim they aren't the employer, so they aren't liable.
Don't let them fool you. California law is very specific about "control." If Amazon controls the driver's route, their schedule, and their safety protocols, they can still be held responsible.
The Fix: We dig into the contracts. We look at the digital monitoring systems Amazon uses to track every move a driver makes. If Amazon was pulling the strings, we hold them accountable. You shouldn't have to navigate these corporate shells alone.
3. Mistake: Confusing FedEx Express with FedEx Ground
Did you know that FedEx Express and FedEx Ground are two completely different legal entities?
- FedEx Express drivers are usually direct employees. This makes holding the parent company liable much simpler.
- FedEx Ground uses independent contractors, similar to Amazon's DSP model.
If you file a claim against the wrong entity, you could face years of delays or even have your case dismissed. It is a shell game designed to keep you from getting paid.
The Fix: We identify the correct party immediately. We track down the DOT numbers and corporate filings to ensure your claim is filed against the right door. We are the car accident lawyer near me that knows the difference between a contractor and a corporate employee.
4. Mistake: Believing Partial Fault Kills Your Case
A common tactic insurance companies use is "blame the victim." They might tell you that because you were going 5 mph over the limit or forgot to use a turn signal, you can't recover any money.
In California, this is simply not true. We follow a pure comparative negligence rule. Even if you were 40% at fault for the crash, you can still recover 60% of your damages. Do not let an insurance adjuster convince you that you have no case just because you weren't "perfect" on the road.
The Fix: We fight to minimize your percentage of fault. We use accident reconstruction experts to prove the truck driver was the primary cause of the collision. Whether it was fatigue from meeting quotas or a mechanical failure, we shift the blame back where it belongs.
5. Mistake: Talking to Insurance Adjusters (And Posting on Social Media)
The moment a FedEx or UPS truck is in a crash, a team of investigators is deployed. Their goal is to get you to say something, anything, that undermines your claim. They will act friendly. They will ask, "How are you feeling?" If you say "I'm okay," they will use that against you later to prove you weren't actually hurt.
The same goes for social media. If you post a photo of yourself at a BBQ two weeks after the accident, the defense will argue that your injuries aren't serious. They are watching.
The Fix: Let us do the talking. We handle all communication with the insurance companies. We tell them when to stop calling you. Our advice is simple: stay off social media and keep your medical details private between you and your doctor.
6. Mistake: Waiting Too Long to Act
Under California Code of Civil Procedure section 335.1, you generally have two years to file a personal injury lawsuit. Two years might sound like a long time, but in a truck accident case, evidence disappears in days.
Trucking companies are only required to keep certain logs for a short period. Surveillance footage at intersections gets overwritten. The truck itself might be repaired or scrapped within weeks. If you wait, the proof of their negligence might be gone forever.
The Fix: Contact us 24/7. We can send out a "spoliation letter" immediately. This is a legal notice that forces the trucking company to preserve all evidence, from black box data to driver logs. We move fast and aggressive to protect your rights.
7. Mistake: Settling Before You Know the Full Extent of Your Injuries
The insurance company might offer you a check within a week of the accident. It might look like a lot of money right now. But what happens if you need surgery six months from now? Or what if you can never return to your old job?
Once you sign a release and take that check, your case is closed. You can never ask for more money, even if your medical bills double. These big corporations want you to settle cheap before you realize how much your life has actually changed.
The Fix: We wait for "Maximum Medical Improvement." We make sure we know exactly what your future medical costs will look like. We calculate lost wages, future earning capacity, and pain and suffering. We don't settle for "fast money", we fight for the full value of your claim.
How to Fix Your Truck Accident Claim Right Now
If you have already made one of these mistakes, don't panic. There is still time to turn things around. Here is the step-by-step process we use to get our clients back on track.
Step 1: Seek Medical Attention Immediately
Even if you think you are just "sore," go to a doctor. Hidden injuries like internal bleeding or traumatic brain injuries often show up days later. Having a medical record that starts the day of the accident is crucial for your case.
Step 2: Do Not Give a Recorded Statement
You are under no legal obligation to give a recorded statement to the other side's insurance company. Simply tell them, "I am represented by Fairmont Law Firm, please speak to my attorney."
Step 3: Document Everything
Keep a folder of every medical bill, every repair estimate, and every day of work you miss. If you can, take photos of your injuries as they heal.
Step 4: Call Fairmont Law Firm
We offer a Free Case Evaluation. We will listen to your story, look at the facts, and tell you exactly what your options are. We work on a Zero Fee Until We Win basis. You don't pay us a dime unless we recover money for you.
Why Fairmont Law Firm?
We aren't just another law firm. We are dedicated accident attorneys focusing exclusively on injury cases across all 58 California counties. We know the tricks Amazon, FedEx, and UPS play because we have beaten them before.
- Available 24/7: Accidents don't happen on a 9-to-5 schedule. Neither do we.
- Fast & Aggressive: We don't let insurance companies drag their feet.
- Bilingual Support: We speak your language (Se Habla Español).
- Millions Recovered: Our track record speaks for itself.
Truck accidents are catastrophic. They leave families broken and individuals in debt. You shouldn't have to fight a billion-dollar corporation while you are trying to heal. Let us be your shield.
Don't wait until it's too late. The evidence is disappearing, and the insurance companies are building their case against you right now.
[ ] Call Fairmont Law Firm at (800) 555-0199
[ ] Schedule your Free Case Evaluation online
[ ] Stop talking to the insurance adjusters
[ ] Focus on your recovery while we handle the rest
We are ready to fight for you. Contact us today and see why we are the personal injury lawyer california victims turn to for results.
Frequently Asked Questions
How much does a truck accident lawyer cost?
At Fairmont Law Firm, we work on a contingency fee basis. This means we charge Zero Fees Until We Win. Our payment is a percentage of the final settlement or verdict, so there are no out-of-pocket costs for you.
Can I sue Amazon if the driver was an independent contractor?
Yes. California law allows us to look at the "Right of Control." If Amazon directed the driver's actions, they can often be held liable despite the contractor label.
What if the truck driver was from out of state?
If the accident happened in California, California law applies. We handle cases involving interstate trucking companies every day and know how to navigate federal regulations.
How long will my case take?
Every case is different. Simple claims might settle in months, while complex litigation against major corporations can take longer. Our goal is to get you the maximum compensation as quickly as possible without sacrificing the value of your claim.
Author: Ben Marmont