Legal Question in Construction Law in California

construction worker's truck hit my car

A reckless construction worker drove his truck in the opposite direction on an open lane and ran into my car. I took the snapshot of this scene. He and his company denied their faults and kept yelling at my insurance company. They are so rude that I would like to report this incident to Contractors State License Board (CSLB) and request their license to be terminated or at least suspended, because they are endangering public safety. Is there any policy I need to follow to get their license suspended? Any other compensation can I get from them? My insurance company knows that it is their fault and they paid me everything except the deductible. Do I need a lawyer for this? Thanks.


Asked on 9/23/03, 8:10 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: construction worker's truck hit my car

In my opinion, you will not find the CSLB helpful on this kind of thing. I can appreciate that you are upset, but contractor licenses aren't yanked for employee misbehavior. Your insurance company should be your primary source of legal and strategic advice.

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Answered on 9/24/03, 1:09 am
Gary Redenbacher Redenbacher & Brown, LLP

Re: construction worker's truck hit my car

If you want compensation, you can sue them. You don't necessarily need a lawyer. In fact, if your damage is under $5000, you can take them to small claims court and you can't use a lawyer. You can likely sue them for the full damage, not just your deductible. (Look up the collateral source rule.)

I'm not certain you will have any luck suspending the driver's license unless he's had lots of accidents. The DMV keeps track of people's driving records.

The CSLB almost certainly won't be interested in the contractor's driving ability.

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Answered on 9/24/03, 3:05 am


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