Truck accidents are not the same as other car accidents. Truck accidents will involve several 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.
Below, our skilled truck accident attorneys will discuss one of the most important considerations after a truck accident: liability. If you or a loved one was injured in a truck accident, you may be entitled to compensation. West Coast Trial Lawyers will recover all the compensation you are entitled to so that you can focus on your recovery and on the ones you care about most.
To schedule a free consultation, please contact our 24/7 legal team by calling (213) 927-3700 or filling out our quick contact form.
In short, determining liability after a truck accident tends to become a logistical nightmare. Truck accidents are typically catastrophic from an injury perspective and they are highly complex from a legal standpoint. Further complicating matters is that multiple parties can be held liable.
Depending on the circumstances of your particular accident, the truck driver, trucking company, and truck manufacturer can all be held liable for an accident. An injured driver can also share some degree of responsibility for causing a truck accident. It is important to recognize that an injured driver who is found partly responsible for causing a truck accident may still recover some damages.
California is a comparative liability state. Even an at-fault driver may be entitled to file a personal injury lawsuit for some damages, regardless of whether or not he or she was partially at-fault for the collision.
Negligence or Strict Liability?
Several parties can all potentially share a degree of liability for a truck accident resulting in injuries and losses. However, proving liability will involve one (and maybe both) of two legal theories: negligence and strict liability.
California negligence law states that any truck driver who is found guilty of negligence can be held liable for injuries and damages done to another motorist. Any driver who was injured by a truck driver’s negligence is entitled to file a personal injury lawsuit. However, the injured driver needs to prove beyond a reasonable doubt that the truck driver who hit him or her was negligent.
In the state of California, there are 3 elements for demonstrating negligence in a truck accident:
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:
According to California’s strict liability law, designers, manufacturers and any companies involved in a product’s chain of distribution can be held liable if a defective product causes a truck accident. In strict liability cases, negligence is not a factor when determining liability. Any of the above mentioned entities can all be held liable, whether or not they made any mistakes that contributed to the crash.
Strict liability claims can be based on faulty:
At-Fault Truck Driver
All trucks are subject to state and federal laws and regulations. However, some truck drivers and commercial trucking companies deliberately ignore safety laws to meet their deadlines and maximize profits. Due to the immense pressure a truck driver is under, 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 12 consecutive hours on the road in a 24-hour period.
A truck driver who is found in violation of California’s safety regulations and causes an accident, may be held 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:
West Coast Trial Lawyers Is Here to Help
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 quick contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.