Important Factors to Consider When Establishing Liability in a Truck Accident
One of the most terrifying things a person can experience on the road is a truck accident. Large commercial vehicles carry enough weight to crush almost any other vehicle they share the road with. As a result of their large size and weight, any collision with a large commercial truck can result in serious injuries.
In 2019, the National Highway Traffic Safety Administration published traffic safety facts for large trucks. In this document, the agency reported that in 2017, nearly 5,000 people were killed as a result of a collision with a large truck. Additionally, from 2016 to 2017, fatalities caused by large truck accidents rose by nine percent.
Proving Fault in a Truck Accident Claim in California
Truck accidents do not always result in death. Still, a vast majority result in serious injuries. When a truck accident leads to the injury of another, the truck driver may be held responsible for the injuries caused. Depending on the facts of the case, however, establishing liability in a truck accident may be difficult.
After any traffic accident, one of the most important factors in obtaining damages is compiling sufficient evidence providing that one or more of the parties involved was at-fault for causing the accident. Truck accident cases are complicated because they typically involve multiple parties that may bear the responsibility for the accident. The following are just a few of the many parties that can be held accountable for damages caused in a truck accident:
- The Truck Driver
When a truck driver has failed to abide by traffic laws, this is a clear indicator of negligence. Truck drivers are subject to both state and federal rules and regulations, including those imposed by the Federal Motor Carrier Safety Administration.
When a truck driver fails to abide by their legal obligations, and this ultimately results in an accident that causes another’s injuries, the driver will be held at-fault for the victim’s damages.
- The Trucking Company
Trucking companies that have employed truckers involved in an accident may also be held accountable for accidents caused by their drivers. When the trucking company fails to adhere to appropriate hiring practices and allows an unqualified trucker to drive on the road, the company can be held accountable for contributing to the traffic accident.
Trucking companies can also be held accountable when they neglect to establish appropriate maintenance policies. When filing a claim for a truck accident, it is important to investigate if the employer has acted in a manner that could have contributed to the accident.
- Manufacturing Companies
Large commercial trucks are incredibly complicated vehicles where any form of malfunction can lead to catastrophic injuries. When even a single part of the large truck fails to operate appropriately, this can lead to an accident where the manufacturing company can be held accountable for damages.
Obtain Compensation After a Large Truck Accident – Contact a Qualified Attorney Today
Determining which parties could bear liability for a truck accident demands careful analysis. An established personal injury attorney can provide support in considering all viable angles. More importantly, a qualified litigator will ensure maximum compensation is secured.
At Milligan, Beswick, Levine & Knox, LLP, championing on behalf of those who have been injured in a truck accident is a top priority. The firm excels in helping injured victims obtain the compensation they need to heal and get their lives back on track after a devastating truck accident. For a free case evaluation, consider contacting Milligan, Beswick, Levine & Knox, LLP today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.