Truck Accident
$5M settlement
Khashayar Law Group secured a $5 million policy-limits settlement in a serious truck-versus-scooter collision in California — even after the police report initially placed 100% of fault on our client and the defendants refused to pay a single dollar. The result demonstrates the firm's ability to overcome adverse police findings and recover full policy limits through aggressive investigation and trial preparation.
The Case
Our client was severely injured in a collision involving a commercial truck and a scooter. The initial police investigation placed 100% fault on our client, citing his alleged riding in the wrong direction. The defendants and their insurance carrier refused to pay any compensation, relying on the police report.
Our client suffered catastrophic injuries requiring emergency hospitalization, extensive medical treatment, and rehabilitation. He continued to experience chronic pain, limited mobility, and lasting emotional trauma, and was wheelchair-bound for an extended period.
Legal Strategy and Outcome
Khashayar Law Group rejected the police findings and built a contrary case through:
- Depositions of the responding police officers — establishing that they had made mistakes in the report
- Accident-reconstruction expert testimony — establishing that the truck driver had driven into the bike lane
- Federal motor carrier regulations analysis
- Comprehensive damages presentation with medical, life-care, and vocational experts
- Trial preparation that shifted the negotiation leverage
After more than two years of litigation and on the eve of trial, the defendants agreed to pay the full policy limits of $5 million.
Why This Result Matters
- An adverse police report is not the end of a case. Police officers can be deposed, their methodology challenged, and physical evidence reinterpreted.
- Contested-fault cases require attorneys who will try the case.
- Full policy limits are achievable when the case is properly developed.
Frequently Asked Questions
Can I still win my truck accident case if the police report blames me?
Yes. Police reports are not admissible as evidence in California court and are not the final word on fault. Khashayar Law Group regularly overcomes adverse police reports through depositions of the responding officers and accident-reconstruction expert testimony.
How much insurance does a commercial truck typically carry?
Federal law requires interstate freight carriers to maintain at least $750,000 in liability insurance, $1 million for hazardous materials. Most carriers maintain higher limits, often $1 million or more.
Who is responsible for a truck accident — the driver, the trucking company, or both?
Both can be responsible. California law holds trucking companies vicariously liable for their drivers' negligent acts within the scope of employment.
What if the trucking insurance company refuses to negotiate?
Filing suit and aggressively preparing for trial is the only effective response. Trucking insurers reserve their full settlement authority for cases where the plaintiff demonstrates trial readiness.
What injuries are common in truck-versus-scooter cases?
Catastrophic — traumatic brain injury, spinal cord injury, multiple fractures, amputations, and wrongful death.
What is the statute of limitations for a California truck accident?
Two years from the date of injury under California Code of Civil Procedure section 335.1. Government entity claims require six-month notice under Government Code section 911.2.
How much does a San Diego truck accident attorney cost?
Khashayar Law Group represents truck accident clients on a contingency fee basis. You pay nothing upfront. Initial consultations are free.
About Khashayar Law Group
Daryoosh Khashayar leads Khashayar Law Group. With over 20 years of trial experience, Mr. Khashayar is an ABOTA member and has recovered over $165 million for clients. Related results: $61.5M verdict, $4.9M auto, $4M wrongful death. View all case results.
San Diego Service Area
- Little Italy: 1350 Colombia St. Ste. 303, San Diego, CA 92101 — (858) 509-1550
- Downtown: 501 W Broadway, Suite 800, San Diego, CA 92101 — (760) 806-4388
- Carmel Valley: 12636 High Bluff Dr. Suite 400, San Diego, CA 92130 — (760) 806-4388
- San Francisco: 1 Sansome Street Suite 1400, San Francisco, CA 94104 — (415) 632-3363
Contact Khashayar Law Group
Call 1-858-509-1550 or visit our contact page. The results described are not a guarantee, warranty, or prediction. Every case is unique.
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Angela Ness
Our Offices
