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Trucks are large vehicles that are built to carry goods and materials from one place to another. Due to its large size, it may be difficult to maneuver properly, especially in traffic. With thousands of drivers occupying the roads, it makes it complicated for truck drivers to get by. Vehicles may also make attempts at passing a truck to prevent themselves from staying behind for a long period of time. Additionally, people worry about getting into a truck accident. This influences people to act negligently in an effort to stay as far away from the truck as possible. 

Truck drivers have the responsibility of making sure they arrive at their pin-pointed locations on time. They must also avoid getting into an accident with drivers nearby. This requires them to cautiously observe the road and check all areas around the truck through their mirrors before changing to the next lane. Failure to perform these actions may increase the possibility of getting into an accident.

Victims of a truck accident should contact a skilled personal injury attorney to provide legal help with their case. At West Coast Trial Lawyers, we have Woodland Hills truck accident attorneys with over 60 years of collective legal experience. Our team has won over 5,000 cases and acquired more than $1 billion in settlements and judgments for clients. Due to our success in the legal field, we have been recognized as one of the top personal injury law firms in Woodland Hills. 

Our services do not involve any financial risks. You will get charged when your case has been won or settled. If you would like to schedule a free, no-obligation consultation at our Woodland Hills personal injury law firm, please reach out to us by calling (818) 839-8900 or emailing [email protected]

Truck Accident Liability  Determining liability for a truck accident can be difficult. It could be caused by the:
  • Truck driver
  • Truck company
  • Truck manufacturer
  • Injured or non-injured driver 
Injured drivers may share some responsibility for the accident. Even if they are found partially responsible, they still have a chance of recovering some damages.

California is identified as a comparative liability state. A driver may be entitled to file a truck accident lawsuit, regardless of whether or not they are at-fault for the collision. Many parties can all share a portion of liability for injuring a victim in a truck accident;  however, proving liability requires two legal theories, which are negligence and strict liability. 

According to California negligence law, negligent truck drivers may be held liable for causing injuries or damages to another motorist. Drivers who were harmed due to a truck driver’s carelessness may be entitled to file a lawsuit. The driver is expected to present convincing evidence that the truck driver was showing acts of negligence. 

In California, there are three factors that determine if a driver has acted negligently:
  1. The truck driver owed the victim a duty of care
  2. The truck driver violated their duty of care; and 
  3. The truck driver breaching the duty of care was the main factor that resulted in the victim suffering losses. 

Under California's strict liability law, “A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way.” When dealing with a strict liability case, negligence does not play an important role in determining who is liable for damages. Strict liability claims must involve:

  • Defective brakes
  • Defective tires
  • Defective accelerator pedals
  • Defective cargo ties
  • Defective straps
  • Defective engine parts
Driver At-Fault For Accident

All trucks are expected to comply with state laws, federal laws, and regulations. Unfortunately, there are truck drivers and truck companies that intentionally ignore these rules in order to prevent themselves from falling behind on their schedule. Failure to adhere to these laws can increase the chances of them driving negligently. 

Under Vehicle Code 21702 VC, a truck driver may receive a misdemeanor if they spend over twelve consecutive hours driving on the road for within a 24 hour period. A truck driver who does not comply with this law and causes a collision may be liable for losses suffered by the victim. This type of problem usually occurs with truck drivers. As previously stated, they feel pressured to perform adequately to avoid getting fired. There are many negligent actions truck drivers may engage in, in an effort to be on time. These may include:

Additional rash decisions are:
  • Texting and driving
  • Not cautiously observing the road
  • Driving under the influence of drugs or alcohol
Driving Safely Around A Truck To decrease the chances of you getting into an accident with a truck, here are some helpful tips:
  1. What you should do when a truck is making a wide turn. Large trucks tend to swing to the left before making a right turn. This will make it difficult for the truck driver to see vehicles nearby. It is ideal for you to avoid driving to the right side of the truck since it is trying to make a right turn. 
  2. How you should pass a truck. To pass by a truck, it is best for you to maintain a safe speed. You should make sure you are visibly noticeable before you try to pass them. As you are passing the truck on its left side, you must signal first. Make sure you accelerate right after you pass the truck to prevent yourself from remaining in the truck’s blind spot.
  3. What should you do when a truck is passing by. Slow down once you start noticing that a truck is trying to pass you. This will make it easier for them to continue what they are doing along with preventing a collision. 
  4. How to react to a truck backing up. Do NOT pass a truck that is backing up. You will be in their blind spot, which is likely to cause an accident.
Contact Us

If you have sustained injuries in the city of Woodland Hills as a result of a trucking accident, West Coast Trial Lawyers will help you recover financial compensation for the losses you have suffered, including medical bills, property damage, emotional distress, lost wages, and pain and suffering. Call us today at (818) 839-8900 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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