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Personal Injury Firm in Los Angeles

West Coast Trial Lawyers


Los Angeles Truck Accident Attorney

Large trucks and semis are a leading cause of many traffic related deaths in the United States. A tractor-trailer or eighteen-wheeler can weigh 20 to 30 times more than a passenger vehicle. Due to its size and weight, a commercial truck is virtually guaranteed to crush a smaller vehicle in an accident.

Because truck accident cases are complicated and will involve commercial trucking companies and insurance policies, it is crucial for a truck accident victim to take the right steps to ensure they receive fair and full compensation for their losses.

If you have suffered injuries or property loss after being involved in a truck accident, you may be entitled to compensatory damages

1)Determining Liability After A California Trucking Accident

Determining liability after a trucking accident can become a logistical nightmare. Not only are truck accidents catastrophic from an injury perspective, they are also very complex from a legal standpoint because multiple parties can all be held liable. Depending on the specific circumstances, either the truck driver, the trucking company, and even the truck manufacturer can all be held liable for the accident. 

It is important to note that an injured driver can also share some degree of responsibility for causing a truck accident. However, an injured driver who is found partly responsible for causing a trucking accident may still be able to recover some damages. 

California is a comparative liability state, which means that an at fault driver may be entitled to file a personal injury lawsuit for damages, even if they were partially at fault for causing a trucking accident.

1.1 Negligence Or Strict Liability?

While numerous parties can potentially be held liable for a truck accident victims’ injuries and losses, proving liability will typically involve one (and possibly both) of two legal theories: negligence and strict liability. 

Let’s examine negligence as it relates to a trucking accident. According to California negligence law, any truck driver found guilty of negligence can be held liable for causing injuries and damages to another motorist. A driver who was injured by a negligent truck driver is entitled to file a personal injury lawsuit. However, the aggrieved party must prove that the truck driver was negligent in causing the accident. 

There are three (3) elements for demonstrating negligence in a California trucking accident:

  • The truck driver owed the accident victim a duty of care
  • The truck driver breached their duty of care through negligence
  • The truck driver’s breach was the significant factor in causing a victim’s losses

A duty of care is a basic legal requirement for every truck driver to watch out for other drivers and use reasonable caution while behind the wheel. 

For example, a duty of care for a truck driver would require that driver to:

  • Watch for pedestrians, other vehicles, and obstacles
  • Control the movement and speed of their truck
  • Use reasonable care while operating their truck

Let’s consider the second theory of liability in many truck accident cases, which is known as strict liability

According to California strict liability law, designers, manufacturers and even any companies involved in a product’s chain of distribution can all be held liable if one of their defective products contributes towards causing a truck accident. In strict liability cases, negligence will not factor when determining liability, because any of these companies can be found liable whether or not they made any mistakes that contributed to the trucking accident. 

Strict liability claims can be based on:

  1. Faulty accelerator pedals 
  2. Faulty engine/transmission parts
  3. Faulty tires
  4. Faulty brakes
  5. Faulty cargo ties or straps

In summary, if a defective part causes — or contributes to causing — a trucking accident, an injured victim may have a number of possible sources to seek compensation from.

1.2 At Fault Truck Driver

All trucks are subject to state and federal laws and regulations to minimize accident risks. However, some truck drivers and commercial trucking companies will ignore safety laws in order to meet their deadlines and maximize profits.

Due to the immense pressure a truck driver is under to meet his or her deadlines, the potential for mistakes and negligent driving can exponentially increase. For example, according to Vehicle Code 21702 VC, it is a misdemeanor for a truck driver in the state of California to spend more than twelve consecutive hours on the road in a 24-hour period. It goes without saying that a truck driver who violates these hour limits is at an increased risk of causing harm to others.

A truck driver who is found in violation of California’s safety regulations and causes an accident, may be liable to an injured driver for their losses. The majority of all truck accidents are caused by a truck driver who was not using reasonable care while driving or who was in violation of safety regulations. 

Truck driver negligence may include:

  1. Distracted driving
  2. Driving while under the influence of alcohol or drugs
  3. Not abiding by safety regulations
  4. Speeding
  5. Not following traffic signals
  6. Unsafe lane changes
  7. Not yielding the right-of-way
  8. Texting and driving

1.3 At Fault Trucking Company

The actual commercial trucking company can also be found negligent for causing a trucking accident. Trucking companies may intentionally or recklessly violate transportation regulations or safety requirements to increase their profit margins. When these violations contribute to causing a trucking accident, that company may be held liable for any injuries or damages caused. 

Examples of trucking company negligence include:

  • Overloaded trailers
  • Allowing overweight vehicles 
  • Poor driver hiring and training practices 
  • Negligent retention of underqualified or underperforming employees
  • Encouraging drivers to forego sleep and hour restrictions
  • Allowing trucks to carry unbalanced cargo
  • Not properly maintaining trucks
  • Allowing and encouraging drivers to operate their trucks in violation of safety laws

There are California and federal regulations that exist to limit truck size, weight, and route designations for trucks. Unfortunately, many commercial trucking companies will intentionally violate these safety regulations. They may also falsify their documentation process in order to hide evidence of their deliberate negligence. This is reckless and can also subject a trucking company to punitive damages for negligence.

2)How Truck Accidents Are Different Than Car Accidents

Truck accidents are very different than car accidents. Trucking accidents involve other factors that are not common to car accidents, such as trucking industry laws, commercial trucking insurance coverage, special accident investigations, and the increased severity of injuries and fatalities.

Trucking Industry Laws: The Federal Motor Carrier Safety Association has implemented various trucking regulations intended to make roads safer for all truck drivers and every motorist on the road. All commercial truck drivers are required to follow the regulations implemented by the FMCSA. Failing to comply with these safety regulations will almost guarantee the commercial trucking companies will be held liable.

Insurance Coverage: Commercial trucking insurance is different than other insurance policies because there is much more coverage. If you were the victim of a trucking accident, our experienced truck accident attorneys can deal directly with the insurance companies to make sure you obtain maximum compensation for your losses.

Truck Accident Investigations: Investigations and gathering evidence for truck accident cases is significantly more extensive than in car accident cases. It is important to retain the services of a skilled truck accident lawyer who knows the protocol for gathering evidence and who will do so in a timely manner to preserve any crucial evidence.

3)Suing After A Truck Accident In California

It is crucial to understand that personal injury victims, including trucking accident victims, will typically have two (2) years to file a claim for damages. It is important for truck accident injury victims to contact a truck accident attorney as soon as possible. An experienced truck accident lawyer knows the trucking industry rules and regulations and can uncover any truck driver or trucking company violations. 

It goes without saying that truck accident investigations and claims are complex. A truck accident lawsuit will list all potential defendants who had or may have had a role in causing an accident. 

Depending on the specifics of your trucking accident, the list of defendants may include:

  1. The truck driver
  2. The commercial trucking company
  3. The truck manufacturer(s)
  4. The insurance provider
  5. The defective vehicle parts manufacturer
  6. Any drivers who were involved
  7. City or county governments
  8. Anyone else involved in the accident

Finally, even if a truck driver was directly responsible for causing your accident, the commercial trucking company can possibly be held liable for the negligence of their employees. According to California’s Respondeat Superior laws, a trucking company can be held vicariously liable for the negligence of their truck drivers.

3.1 Can I File A Lawsuit On Behalf Of A Family Member Who Was Killed?

An individual who loses his or her life after a trucking accident can no longer file a claim for damages. Therefore, the child, spouse, and sometimes even other family members may be able to file a claim under California’s wrongful death laws.

Available damages after a wrongful death suit include:

  • Funeral expenses
  • Burial costs
  • Loss of financial support the decedent would have provided had he or she survived
  • Compensation for the loss of support, protection, and guidance

Individuals who can file a wrongful death claim in California include:

  • The spouse
  • The registered domestic partner
  • The surviving children
  • If the children are deceased, the surviving grandchildren 

Any person(s) entitled to the deceased’s assets according to California’s intestate succession laws

4)Available Damages After A Trucking Accident

Compensatory damages are intended to compensate a plaintiff for his or her losses after a personal injury case. In general, a plaintiff must prove he or she was harmed or injured in order to be entitled to damages. If an individual did not sustain any injuries, there will typically be no need for any damages. 

Broadly speaking, compensatory damages can be divided in either of the two following categories:

  1. Economic: this includes tangible losses, such as property damage.
  2. Non-Economic: this includes intangible losses, such as emotional distress.

Economic damages in a trucking accident may include:

  • ER Treatment
  • Emotional Distress
  • Lost Wages
  • Prescription Drugs
  • Medical Bills
  • Loss Of Consortium
  • Vehicle Repairs
  • Lost Earning Capacity
  • Pain and Suffering
  • Future Medical Treatment
  • Legal Fees

Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out of pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain and Suffering
  • Loss Of Enjoyment Of Life
  • Physical Disability or Disfigurement

In very rare cases, a plaintiff may be able to sue for punitive damages. Punitive damages may be awarded on top of the normal compensatory damages an aggrieved individual may be entitled to and are intended to punish a wrongdoer for their negligent or malicious behavior.

West Coast Trial Lawyers Is Here to Help

If you have sustained injuries as a result of a truck accident, you have the right to hold the guilty party responsible. A truck accident attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering from your injury. Call us today at (213) 927-3700 or email info@westcoasttriallawyers.com to schedule a free consultation with our experienced, caring and compassionate legal team.

References

https://www.justia.com/trials-litigation/docs/caci/400/405/
https://www.justia.com/trials-litigation/docs/caci/400/400/

https://www.justia.com/trials-litigation/docs/caci/1000/1001/

https://www.justia.com/trials-litigation/docs/caci/1200/1200/

https://www.caltrux.org/regulatory-information/

https://www.ecfr.gov/cgi-bin/text-idx?SID=e80d17a6bf53f3fc5ea7701c417275f3&mc=true&tpl=/ecfrbrowse/Title49/49cfrv5_02.tpl#0

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=21702

https://www.justia.com/trials-litigation/docs/caci/700/701/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23123.5.&lawCode=VEH



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