Truck Accident Liability

In recent years, the involvement of large trucks with smaller passenger vehicles has steadily increased. In fact, there has been a 6% increase in truck accidents causing injury from 112,000 to 119,000. Being in a truck accident can be catastrophic, warranting the right to seek financial compensation against the trucking company. 

However, filing a personal injury claim with a commercial truck driver is more complicated than with another car driver.

Typically, an accident between a few cars isn’t that complex to pinpoint who’s at fault and liable. Liability is more complex because multiple parties can be found liable for the accident. Here is how liability in a truck accident is determined and why it’s more complicated than you might expect. 

Liability in a Truck Accident

It might seem obvious that a truck driver was responsible for causing an accident when considering liability. However, there are other factors to consider.

The driver is often in the employment of a trucking company. The trucking company may be under contract with a company for which they are delivering products. Therefore, liability could go back to a vendor who worked on a truck or the owner of the cargo at the time of the accident.

Proving liability is key in California to file a personal injury case. Yet, identifying who’s actually liable after a truck accident can be a complex process and require extensive investigation.

Negligence and Liability in California

California has a series of truck accident laws related to negligence and liability that are important to understand if you hope to file a personal injury claim for your personal injury case. To prove liability for the involved parties, you must go through the two legal theories: negligence and strict liability.

A truck driver, for example, can be proven to be negligent in an accident. Because there’s negligence, the driver and other parties can be liable for injuries and damages resulting from the accident. However, the caveat to this is that the driver must be proven beyond a reasonable doubt to have been negligent. 

California expects all drivers to follow the duty of care laws which means the driver has an obligation to watch out for other drivers and use the appropriate amount of reasonable caution when driving. Therefore, if the accused party was texting while driving or drinking and driving, that individual breached the duty of care laws.

Who Can Be Liable in a Truck Accident?

There are a number of reasons an accident could have occurred when carrying heavy loads. While the truck driver may demonstrate negligence, there could be other parties who also hold liability following an accident, including the following.

Truck Driver

The truck driver is the obvious first place to start when considering liability. They could have been driving recklessly or speeding. It’s possible they were driving too long without sleep. Driver fatigue is often a factor in accidents.

The driver is also one person who’s responsible for inspecting their rig before going on the road. They should examine how a load is on the truck. A shifting load can cause an accident. 

Other parties responsible for inspecting a commercial vehicle before it goes on the road would also bear some liability if a faulty truck or poorly loaded truck was the reason an accident occurred. 

Truck Carrier

Ultimately, the trucking company hired the driver and put them in the vehicle involved in the accident. They are, because of this, liable for how the driver handles themselves on the road. Other thoughts to consider are:

• The truck carrier is responsible for training drivers and making sure they adhere to trucking laws and company policy. 
• A company may put pressure on its drivers to keep driving beyond when it’s safe, making them liable. 

In addition, the truck carrier may own the truck. Therefore, if it’s faulty in some way, the carrier bears liability. 

Cargo Shipper and Loading Company

A driver or carrier may contract with a cargo shipper. The truck pulls in and attaches to the load for the shipper. While the driver is responsible for checking, often there are things they can’t see. The shipper and loader are responsible for how the load is on the truck. 

Was the load secure? Did the shift cause the truck to shift and cause the accident? If the answer is yes, they also can be held partially liable. 

Other Vendors

In a large trucking operation, other parties are involved in getting the truck and driver on the road. For example, there’s a company that does drug tests. There might be outsourced maintenance done on the trucks. The carrier may have hired a vendor to do training for the drivers. 

Depending on the logistics of the accident, some of these vendors could also be responsible for the truck accident. 

Truck Manufacturer

Another major contributor to a truck accident can involve the manufacturer. For instance, if the vehicle is faulty with an ill-functioning component, like the brakes, the manufacturer could be held liable for damages. Maybe a faulty part caused the truck to malfunction leading to the accident. 

Government Agency or Contractor

Sometimes roadway hazards are responsible for the accidents. If a road isn’t properly maintained or if there is traffic signage missing, the city could be found to have contributed to the truck accident. It’s important to note that when filing a personal injury claim against a government agency, the statute of limitations reduces the time frame from two years to just six months. 

Liability Investigation Is Key

The key to a personal injury case is to determine who is liable for the accident. Since a commercial truck accident can be complex, the investigation related to the accident is paramount in building a case and proving liability. You need a truck accident lawyer fighting on your behalf to prove negligence and establish liability so you can get the compensation you deserve. 

A knowledgeable truck accident attorney has the resources to hire expert witnesses and accident reconstruction experts to recreate the accident scene, further indicating who was liable for the crash. 

What to Do if You’re Involved in a Truck Accident

Dealing with the aftermath of a truck accident is stressful. Furthermore, it’s complex when trying to navigate who will take legal responsibility for damages. 

You don’t have to figure out the complexities alone. Get the help you need so you can get the compensation you deserve from your truck accident. Contact The Law Offices of Daniel Kim today so we can begin building your winning case.