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Hire A Solana Beach Truck Accident Attorney To Maximize Your Settlement

Drivers have a fear of getting involved in a truck accident. This is primarily due to a truck’s large size and shape. Those surrounding the truck may perform negligent actions to stay as far away from the truck as possible. This may cause an accident to occur if the driver is not careful enough with their observation of the road. Truck drivers will also make dangerous moves on the road that go against safety regulations. This is to prevent themselves from falling behind on their schedule. Unfortunately, this could increase the chances of a collision. Even if the truck driver is experienced, speeding near hundreds of vehicles is risky to do. The truck driver could lose control and crash into other vehicles. 

If you are a victim of a truck accident and would like to file a lawsuit against the driver at-fault, West Coast Trial Lawyers has Solana Beach truck accident attorneys with over 60 years of collective legal experience in handling personal injury cases. Our main goal is to make sure you get the justice you deserve for the losses you suffered from a collision. Due to our determination to achieve this objective, we have won over 5,000 cases and acquired over $1 billion in settlements and judgments. 

Our services do not include any financial risks. We will not charge you with fees until your case has been won or settled. If you would like to schedule a free, no-obligation consultation at our Solana Beach personal injury law firm, please contact our legal team by calling (585) 566-7890 or emailing [email protected]

Truck Accident Liability

Determining the liability of a truck accident can be difficult. Multiple parties may be held liable in this type of catastrophic situation. This includes:

  • Truck driver. 
  • Truck company.
  • Truck manufacturer.

An injured driver may be partially responsible for getting involved in a truck accident. Even if this is the case, the driver may still receive some damages. 

California is identified as a comparative liability state. At-fault drivers may file a lawsuit for any damages that were caused by the accident. This applies regardless of whether or not they were in any way at-fault for the truck accident.

Proving liability must involve one, or both, legal theories, which are negligence and strict liability. Under California negligence law, truck drivers who are found liable for negligence may be responsible for causing injuries and damages to all parties involved. Drivers who are injured due to a truck driver’s negligence will be entitled to file a personal injury lawsuit. The injured driver must prove that the driver’s negligence is what caused the collision. 

In California, there are three factors considered in determining if there was any form of negligence involved during a truck accident:
  1. The truck driver owes the victim a duty of care.
  2. The truck driver breached their duty of care by exhibiting negligent actions.
  3. The truck driver’s breach was primarily the reason why the victim suffered losses.
A duty of care is classified as a legal requirement for truck drivers to be on the lookout for other drivers nearby and use reasonable care to prevent any collisions from occurring. A truck driver must use duty of care during many situations, which may include:
  1. Watching out for pedestrians, vehicles, or hazards.
  2. Maintaining the truck and its speed.
  3. Implement reasonable care while driving the truck.
Based on California’s strict liability law, product designers, manufacturers and any businesses involved in a defective product being openly released to the public may be held liable for causing a truck accident. When it comes to a strict liability case, negligence is not considered as a factor in determining liability. Product malfunctioning that results in individual suffering injuries and losses would be identified as a strict liability case. This includes:
  1. Defective brakes.
  2. Defective tires.
  3. Defective accelerator pedals.
  4. Defective engine/transmission components 
  5. Defective cargo ties or straps..
At Fault Truck Driver

Trucks, of all kinds, are subject to state and federal laws and regulations. However, there are a few truck drivers and commercial truck companies that choose to intentionally ignore these safety laws in order to keep up with their schedules and not fall behind. Truck drivers are typically under a lot of pressure to meet deadlines. This makes it more likely that the truck drivers may act negligently on the road.

Under Vehicle Code 21702 VC, a truck driver may be charged with a misdemeanor if they work for more than twelve consecutive hours on the road within a  24 hour period. Any driver who violates this code and gets into an accident will be held liable for injuries and losses they caused. 

Here is a list of negligent acts a truck driver may be found doing:
  1. Texting and driving.
  2. Driving while intoxicated with drugs or alcohol
  3. Speeding.
  4. Disobeying traffic laws.
  5. Not following safety regulations. 
  6. Dangerous lane changes.
  7. Not yielding to pedestrians or drivers who are granted a right-of-way.
Available Damages Accidents happen on a daily basis. If you were injured due to another individual’s negligence, you may be entitled to receive compensation for any damages caused by the collision. Damages are identified as a form of a monetary award that is decided by the court of law. This will help compensate the victim for losses or injuries they suffered due to the individual at-fault’s negligence.
  1. Economic losses. 
  • Medical expenses.
  • Lost wages.
  • Loss of earning capacity.
  1. Non-economic damages.
  • Emotional distress.
  • Loss of enjoyment of life.
  • Pain and suffering.
  1. Punitive damages. The intent of punitive damages is to punish the individual at-fault for their reckless behavior. This type of damage is rarely given. About 5 percent were incorporated in all verdicts. There are no actual standards set to calculate and award punitive damages. It will be awarded at the court’s discretion and will vary based on the situation. 
Contact Us

If you have sustained injuries in the city of Solana Beach as a result of a trucking accident, West Coast Trial Lawyers can help you recover financial compensation for the losses you have suffered, including medical bills, emotional distress, property damage, lost wages, and pain and suffering. Call us today at (858) 566-7890 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.

CONTACT WEST COAST TRIAL LAWYERS TODAY


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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