Media post: Are Truck Drivers Liable for Damage?

Truck accidents can be complex for many reasons. For one, there may be more than one vehicle involved. For another, there may be more than one liable party.

When you’re in a truck accident, it’s best to speak with a personal injury attorney who has worked on cases like yours before. In this way, you’ll be able to hold the liable parties responsible for providing your compensation.

How Is Liability Determined After a California Truck Crash?

According to Caputo & Van Der Walde, most truck accident cases will have multiple liable parties. It will depend on the circumstances of your accident, though the truck driver, trucking company, and truck manufacturer may all be liable. If there were issues with improperly loaded cargo, there might also be other liable parties.

However, California is a comparative liability state which means you may share some fault in the accident. Perhaps you cut off the truck while trying to change lanes, leading to the accident. Even when you share some fault, you may be able to recover some compensation for your damages.

Proving Negligence in a California Truck Accident

Since accidents involving trucks can get complicated quickly, a lawyer will stand up for your legal rights. The trucking company’s insurer will try to pin as much blame on you as they can.

Your attorney will be able to prove liability by showing that the truck driver was negligent. If they can prove this, the truck driver will be held liable for your injuries and damages.

California specifies that to prove truck driver negligence in a personal injury case, the truck driver must have owed you a duty of care, they breached this duty through negligent acts, and this breach was a major factor in causing your injuries and damages.

Another thing to know in this state is the strict liability laws. Under these laws, designers, manufacturers, and any companies that were part of a product’s distribution chain may be held liable if a defective product led to a truck crash. As you can see, this adds another layer of complexity to any truck case.

When Is a Truck Driver Liable in a Wreck?

Every truck on the road must adhere to federal and state laws and regulations. Some drivers deliberately ignore these laws to meet deadlines. Others fear losing their jobs if they do not comply with the trucking company to maximize their profits. This means you have truckers on the road that are under pressure, and when that happens, they will be more prone to make mistakes.

The vast majority of trucking accidents can be blamed on truck driver error. They may be distracted behind the wheel, driving under the influence, speeding, not following safety regulations, or breaking other traffic laws.

If you were in a truck accident, you should find out more about your legal rights from a truck accident attorney and discover if you have a valid personal injury claim.