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Multi-vehicle accidents typically happen on fast-moving highways that are filled with every type of vehicle imaginable. The unfortunate reality is that when a large, heavy commercial truck is involved in a highway accident, it also has the potential of affecting several passenger vehicles around it. The resulting damages of this type of collision are not only disastrous, but determining liability is a logistical nightmare.
If you have suffered injuries as a result of a truck crash in California, our experienced team of truck accident attorneys at West Coast Trial Lawyers are always here to answer any questions you may have about truck accident claims and damages.To schedule a free consultation, please contact our 24/7 legal team by calling 213-927-3700 or filling out our quick contact form.
Highway accidents involving multiple passenger vehicles and commercial trucks are very difficult to assess. There are so many reasons why a multi-car pileup can occur. For example, anytime a truck jackknifes or rolls over, it is almost inevitable that it will damage other cars within its radius.
In the previous example, the truck that caused the pileup would likely be held liable for the collision because the surrounding vehicles don’t really have a way of preventing or avoiding impact. Please read below, as our truck accident attorneys will discuss liability and negligence as it relates to multi-vehicle semi-truck accidents.
Determining liability after a truck accident, especially when multiple vehicles are involved, is a nightmare. Not only are commercial truck accidents catastrophic from an injury perspective, but they are also complex from a legal standpoint since multiple parties can all be held liable. Commercial truck accidents can be caused by many circumstances. Depending on the situation, either the truck driver, truck company, truck manufacturer, and other drivers can all be held liable for the accident.
It is important to note that a driver, or multiple drivers, can also share some degree of responsibility for causing a collision. However, an injured driver who is found partly responsible for an accident may still be able to recover some damages. California is a comparative negligence 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 contributing to the crash.
Negligence or Strict Liability?
While numerous parties can potentially be held liable for a truck accident, 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 truck accident. According to California negligence law, any driver found guilty of negligence can be held liable for injuries and damages done to another. A driver who was injured by a negligent truck driver is entitled to file a personal injury lawsuit, and vice versa. However, the aggrieved party must prove that negligence was the primary cause of the collision.
There are 3 elements for demonstrating negligence in a California commercial truck accident. Let’s pretend that a truck driver caused a pileup. In that scenario, the following will be assessed:
A duty of care is a basic legal requirement for drivers 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:
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 multi-vehicle 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 resulted in injuries or death.
Strict liability claims can be based on faulty:
In summary, if a defective part causes — or contributes to causing — a truck accident, an injured victim may have a number of possible sources to seek compensation from.
In essence, anyone who contributes some degree of negligence towards causing a multi-vehicle truck accident will be held liable.
For example, a scenario may exist where faulty truck brakes caused a pileup. In that case, any trucks or vehicles affected will be able to recover damages from the product manufacturer. Or, let’s say that a truck driver was under the influence. In that case, the truck driver would be held accountable.
If you have sustained injuries as a result of a truck accident, our expert truck accident attorneys at West Coast Trial Lawyers will help you recover compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering.
Contact us today by calling 213-927-3700 or filling out our contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.