Large commercial trucks are critical links in the nation’s supply chain, bringing goods and services into and out of states, including California. Unfortunately, they are also massive vehicles that crowd the roadways and outweigh smaller cars by as much as 76,000 pounds. They are also difficult to maneuver, require long stopping times, make wide turns, and have extensive blind spots.
About 5,375 fatal truck accidents occurred in a single recent year. Over 70% of truck accident injuries occur to those in smaller vehicles, not the truck driver.
Recovering compensation in a truck accident claim requires identifying the liable party and proving their negligence.
What are the Legal Elements of Liability In Truck Accident Claims?
In any type of traffic accident in fault-based states like California, it’s necessary to determine the cause of the accident and the negligent action that led to it. Careless, reckless, and intentionally wrongful actions all fall under the umbrella term of negligence in personal injury law. In commercial truck accident claims, failing to adhere to federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA) constitutes negligence.
After an accident, the involved insurance companies assign adjusters to investigate, but their primary goal is to protect their company’s profits at the expense of the injury victim. A Van Nuys truck accident lawyer conducts an independent investigation to prove the negligent party’s liability. This means they must demonstrate the following:
- The at-fault party owed a duty of care to the injury victim
- They breached this duty through negligence
- Their breach of duty directly caused the accident and injury
- The injury victim suffered damages from the injury
An attorney reviews all trucking company records to determine where the negligence occurred, interviews eyewitnesses, consults with accident reconstruction experts, reviews photo and video evidence, and examines the police report.
What Types of Negligence Cause Truck Accidents?
It takes many separate entities to ensure that a truck is safe on the roadway. Unfortunately, sometimes trucking companies cut corners or drivers take chances that result in devastating truck accidents. Common negligence that leads to commercial truck accidents includes the following:
- Inadequate driver screening or training
- Distracted driving
- Speeding
- Drowsy driving
- Unsafe lane changes
- Failure to yield the right of way
- Tailgating
- Improperly secured loads
- Inadequate truck inspections
- Insufficient truck maintenance
- Impaired driving
- Defective tires, parts, or equipment
In some cases, proving negligence in truck accident cases involves parties unrelated to the trucking industry, such as a negligent road construction agency or roadwork contractor, a negligent road maintenance crew that failed to repair a hazardous road condition, a third-party driver, or a road planning agency that designed an unsafe intersection.
What If The Insurance Company Says I Was Partly at Fault?
A trucking company’s insurance company has a strong incentive to assign a portion of fault to an injury victim. Under California’s pure comparative negligence system, the insurance company reduces the amount of compensation it pays to an injury victim by the injury victim’s percentage of fault. In order to do so, they must show compelling evidence that the injury victim committed an act of negligence that contributed to the accident or increased the severity of the injuries, such as changing lanes without signaling, exceeding the speed limit, or failing to wear a seatbelt.
Fortunately, even if you were partly at fault for the accident, you can still recover compensation, but an experienced Van Nuys injury lawyer protects their client’s best interests by preventing the insurance company from assigning them an undue portion of fault. Proving the full extent of the truck driver, trucking company’s or other entity’s negligence is the key to obtaining full and fair compensation in a truck accident case.
