An accident involving trucks can have long-term implications on any victim's health and finances. These accidents often result in severe fatalities and devastating injuries, which could be life-altering. Obtaining compensation following a truck accident is essential, but this is not always simple.

Finding out who is liable for the damages caused and holding them accountable may be a time-consuming and challenging undertaking. In this blog, we will look deeper into truck accidents, who can be held liable, and who you should sue following a truck accident.

An Overview of Truck Accidents in California

Many traffic-related deaths involve large trucks, semi-trucks, and 18-wheelers. An 18-wheeler can be up to 30 times the weight of a passenger car. In accident scenarios, these trucks pose so many risks to other road users because of their weight and size, and they are almost certain to destroy smaller cars in a collision.

It is critical for someone injured in a truck accident to take all the necessary measures to make sure they obtain fair and total compensation for the losses they have endured. After you've been injured or have affected as a result of a truck accident, then you could be eligible for compensation for:

  • Lost income
  • Medical expenses
  • Companionship loss
  • Emotional anguish
  • Property Damage
  • Misery and pain
  • Loss of potential earning capacity

Determining Liability in Truck Accidents in California

Proving liability following a truck accident may turn into a logistical ordeal. Truck accidents are not only dangerous from a personal injury standpoint, and they're also complicated from a legal point of view since numerous parties may be considered accountable.

There are truck accidents that are considered no-fault accidents. California, however, is an at-fault state, which means that somebody must be found liable after an accident has occurred. The trucking business, truck driver, as well as truck manufacturers may all be found responsible for the accident, based on the findings of the circumstances. For reasons like these, truck accidents can be particularly difficult to evaluate.

It's essential to keep in mind that a wounded driver may also have some culpability for the truck collision. However, a wounded motorist who is deemed to be partially at fault for the truck accident could still be capable of recovering some losses. In California, a vehicle operator who is also found to be at fault may be able to pursue a personal injury claim for losses even though they were only partially responsible for the accident.

Common Causes of Truck Accidents

Identifying the causes of a truck accident is critical because it identifies the person responsible for the losses. Several factors might be held responsible for the unfortunate occurrence. The following are some of the most prevalent causes of truck accidents:

  • Speeding
  • Driving while distracted
  • Driving while texting
  • Driving while texting
  • Reckless lane changes
  • Not paying attention to traffic lights
  • Refusing to yield to the right-of-way
  • Non-compliance with safety standards
  • Driving the truck while inebriated or under the influence of alcohol or drugs
  • Trailers that have been overloaded with goods
  • Permitting overweight trucks to be driven
  • Trucks that aren't properly maintained
  • Recruitment and training methods that aren't up to par
  • Authorizing trucks to transport unbalanced freight
  • Enabling drivers to ignore sleep and time limits
  • Encouraging or inciting drivers to break traffic laws
  • Reckless retention of workers that are incompetent or unproductive

Proving Negligence By the Driver or the Trucking Company

While many parties may be found accountable for the losses and injuries suffered by truck accident victims, establishing culpability usually involves one or both of two legitimate concepts: negligence or absolute liability.

As per the State negligence laws, every truck driver who is determined to be negligent can be found responsible for the damages and injuries caused to another driver. The injured party must show that the truck operator was irresponsible and triggered the accident.

In a truck accident in California, three aspects must be demonstrated:

  • The driver of the truck was indebted to demonstrate a duty of care to the victim
  • Due to carelessness, the truck driver violated their duty of reasonable care
  • The violation by the trucker played a major role in the victim's damages and losses

Designers, producers, and even entities engaged in a distribution chain of a product could all be held responsible under California strict liability law if any of their faulty products results in a truck accident. In absolute liability situations, recklessness will not be considered when assessing culpability since any of these firms can be held accountable regardless of whether they committed any errors that led to the truck accident.

The Truck Driver

To reduce the risk of accidents, all trucks are subjected to federal and state rules and regulations. However, to fulfill schedules and maximize earnings, some truckers and commercial trucking corporations may disregard safety rules.

Each truck driver has a fundamental obligation to keep an eye out for other motorists and operate with reasonable care while driving the truck. A trucker's responsibility, for instance, would compel him or her to:

  • Keep their truck's speed and movements are under their control
  • Take necessary precautions when driving their truck
  • Keep an eye out for pedestrians, oncoming vehicles, and other risks

However, because a trucker is under such intense pressure to fulfill his or her schedule, the risk of making an error or driving carelessly increases dramatically. For instance, it is a crime in California for a trucker to drive for more than 12 continuous hours in 24 hours, as per Vehicle Code 21702.  A trucker who exceeds these hour limitations puts himself or others in danger.

A driver of a truck who violates California's safety standards and is the cause of an accident may be held responsible for the damages of an injured motorist. Most truck accidents are created by a trucker who wasn't driving with due care or who violated safety standards.

The Trucking Company

The commercial trucking firm itself may be held liable for causing the truck accident. To boost their profit margins, trucking firms may knowingly or carelessly break transportation rules or safety standards. If these breaches lead to a truck accident, the firm might be held responsible for any damages or losses that result.

Truck weight, size, and route allocations are all subject to California and state restrictions. Some commercial trucking businesses, however, will willfully disregard these safety standards. They may even alter paperwork to conceal proof of their willful carelessness. This is irresponsible, and a trucking firm might face punitive damages as a result of its recklessness.

Strict liability lawsuits can be made on the following grounds:

  • Defective tires
  • Defective brakes
  • Cargo ties and straps that aren't up to par
  • Accelerator pedals that aren't working properly
  • Engine or transmission parts that aren't working properly

Truck accidents are not the same as automobile accidents. Other elements not seen in vehicle accidents but are present in truck accidents include trucking sector rules, commercial trucking insurance policies, unique accident investigations, and the rise of the seriousness of fatalities and injuries.

The Trucking Sector Laws and Regulations

Various trucking rules have been enacted by the Federal Motor Carrier Safety Administration (FMCSA) to make roadways secure for all truckers and all motorists on the roads. The FMCSA has established standards that must be followed by all commercial truckers. Commercial trucking businesses will very certainly be held responsible if they fail to follow these safety requirements.

Insurance Coverage

Insurance coverage for commercial trucking differs from other insurance plans in that it provides significantly greater cover. If you have been injured in a truck accident, truck accident lawyers can negotiate with the insurance providers on your behalf to ensure that you receive the most recompense for your damages.

Truck Accident Investigations

Investigations and evidence collection in truck accident cases are far more thorough than in vehicle accidents. A  professional commercial truck accident attorney who understands the process for obtaining evidence is crucial in these cases to safeguard any key evidence.

Should I Sue the Driver or the Trucking Company?

The capability and knowledge of which entity to sue are typically determined by the particular circumstances of the accident, the severity of the injuries, and whether the trucker is employed by a trucking business or works as an independent contractor.

Understanding these various elements typically demands the assistance of a lawyer to ensure that the case is genuine and has more credibility when demanding compensation.

It's also important to remember that victims, particularly those involved in truck accidents, generally have 2 years to file a lawsuit. This means that individuals who have been injured in a truck accident should consult a truck accident lawyer fast.

An expert truck accident attorney is familiar with the laws and regulations that govern the trucking sector and can unearth any infractions by a trucker or a trucking firm. Truck accident investigations and lawsuits are, without a doubt, complicated. All possible offenders who might have had an involvement in initiating the accident will be included in a truck accident claim.

Based on the details of the incident, the victim may be able to sue several different parties. However, it's critical to know what aspects are included in the claim, such as truck flaws, the trucking firm, corporate negligence, manufacturing flaws, or the independent contractor. 

Each problem may result in suing a different party or individual. When a problem arises with a truck company, the victim generally files a claim against the firm and confronts the insurance company that is overseeing the issue on the company's behalf. Usually, the initial step in seeking compensation is to hire an attorney to help you file a claim.

The Driver

The first entity to be investigated is usually the trucker, who is commonly deemed as the usual suspect in truck accidents. As California is considered an at-fault state, if the trucker was negligent on the road, they may be liable for the whole sum of your compensation.

Driving without taking the obligatory breaks set by the state, driving while intoxicated, or deliberately driving dangerously are all examples of driver negligence that could occur. Your insurance company will look into the matter and determine the extent of the driver's responsibility in the collision. You could wish to sue the motorist for damages if their carelessness was the major cause of the accident.

The Trucking Company

You might have to file a lawsuit against more than just the driver or the manufacturer of the truck. Keep in mind that the majority of truckers are on the job. This signifies they're transporting any cargo their employer has given them.

If the goods weren't properly put onto the truck or the truck's maintenance firm failed to have it inspected, they could be held liable for the truck accident. It is however considerably more difficult to sue a private corporation than it is to sue a single driver.

When a truck accident occurs and injuries ensue, the victim must identify who is to blame and make that entity accountable for the losses. This stage, however, generally necessitates legal assistance, an investigation, and substantial proof to support the allegation.

There are numerous methods to establish that the truck driver was to blame during the accident. An expert witness can examine the site, use numerous techniques, or perhaps even reconstruct the accident to determine who was at fault.

While the truck driver's carelessness could have contributed to the accident, the trucking firm may also be to blame for poor training, the imposition of long working hours, or infringements of California state trucking regulations.

Is it Possible to File a Lawsuit on Behalf of a Member Of the Family Who Was Killed in a Truck Accident?

Someone who dies in a truck accident can not be eligible to bring a lawsuit for damages and losses. As a result, under California's wrongful death statutes, the children, spouses, and maybe even other close relatives may be allowed to bring a wrongful death suit.

Following a wrongful death lawsuit, the following damages may be available:

  • The price of a burial
  • Recompense for the lost support, security, and guidance
  • Lost financial support that the deceased would have contributed if they had lived

In California, the following people can bring a wrongful death lawsuit:

  • The partner
  • The children
  • The domestic spouse who is officially registered
  • In case the children have died, the grandchildren who are still alive
  • As per California's intestate succession rules, anybody who is eligible to the deceased person's assets

Compensation After a Truck Accident

These damages are meant to make up for a victim's damages in a personal injury claim. To be eligible for compensation, a victim must show that they have been harmed or physically injured. There would usually be no necessity for compensation if someone does not suffer any injuries. In general, compensation losses are split into two categories:

  • Economic damages involve material losses like damage to property
  • Non-economic damages involve non-physical losses like mental distress

In the event of a truck accident, the following financial losses may occur:

  • Fees for legal representation
  • Lost Income
  • Medical expenses
  • Treatment in the emergency room
  • Lost property
  • Vehicle servicing
  • Misery and pain
  • Emotional anguish
  • Companionship loss
  • Medical care that will be required in the future
  • Loss of earning potential

Non-economic losses are designed to compensate damages that are considered subjective and do not always pay out-of-pocket expenses. Compensation for non-monetary damages  may include:

  • Emotional anguish
  • Suffering and pain
  • Loss of pleasure in life
  • Disabilities or deformity of the body

A complainant may be allowed to seek punitive damages in very unusual circumstances. Punitive damages are meant to penalize an offender for their careless or intentional actions and may be given in addition to compensatory damages to an affected individual.

While establishing negligence may appear straightforward in theory, truck accident lawsuits typically need thorough examination and investigation since several parties may be at fault. To prove negligence, investigators may go through a trucker's or corporation's logbooks, examine relevant data from the vehicle, and consult expert witnesses.

A truck company's principal objective following a truck accident is to evade liabilities. Despite having sufficient insurance, most truck companies prefer not to take responsibility for accidents. To avoid responsibility and save revenue, they will employ substantial legal resources.

A lawyer has a wide range of resources that he or she may put to work for you. Your attorney will help you create a solid case against the trucker or trucking firm and use aggressive legal methods to prove culpability.

Find a Los Angeles Personal Injury Attorney

Every situation is unique, and your case is no exception. You'll need a lawyer who knows how insurance providers function and can help you navigate the settlement procedure. After a truck accident, the Los Angeles Car Accident Attorney will help you obtain the compensation you deserve.

Whether it's large trucking firms or private truckers, we'll fight for the maximum compensation from all at-fault entities. Contact us at 424-237-3600 any time, and we will be happy to assist you.