Truck accidents can be life-altering, and it is critical to pursue compensation to mitigate the long-term repercussions. Suing the trucking company may be your first instinct, but liability can be far more complex. Depending on the circumstances of your accident, multiple parties may owe you compensation. Determining all potential avenues for compensation is essential to ensure you get what you deserve.
Parties Who May Be Liable in a Trucking Accident Claim
Typical car accidents involve two people, which makes determining liability fairly straightforward. Truck accidents, however, can be significantly more complicated. Most trucks are owned by larger entities like moving and shipping companies. That means the truck driver isn’t the only person involved and the only potentially liable party. Let’s review the parties that may share liability for your truck accident.
The Truck Driver
The driver is often the first person blamed for an accident. If the driver exhibited reckless driving behaviors like speeding or swerving, it may indicate negligence. Negligent driving is an umbrella term that covers multiple traffic violations, including distracted driving, driving under the influence, and driving while sleep-deprived.
The Trucking Company
In most truck accident cases, the company that owns the truck and employs the driver is either wholly or partially liable. Trucking companies must adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations that ensure the safety of employees and other motorists. Maximum driving hours, vehicle maintenance, and adhering to state driving laws are the responsibility of the driver and the company.
Vicarious liability means that a company can be held responsible if one of its drivers breaks the law while doing their job. For example, if a truck driver causes an accident while on a delivery, the company they work for can be held liable. The employer is expected to make sure their workers follow the rules. Unfortunately, many trucking companies encourage their drivers to exceed the maximum driving hours to meet demands and make more money—often leading to fatigued driving.
Cargo Loaders
A driver is more likely to lose control over an overloaded truck. When cargo weight isn’t distributed properly, it can cause the truck to tip. Cargo loaders are responsible for the appropriate loading of packages and materials. If another company or independent contractor was in charge of the cargo, they may share liability for the accident.
The Truck Manufacturer
Commercial trucks are legally required to undergo regular maintenance to confirm roadworthiness. Many trucking companies rely on third-party maintenance companies to perform repairs and inspections. If investigations reveal that maintenance was delayed or not completed thoroughly, that company can also share liability.
Other Drivers
If the actions of a third driver contributed to the truck accident in any way, they could be an additional defendant in your accident case. Ignoring a red light or failing to yield can lead to a truck swerving or stopping suddenly, possibly leading to an accident with another car. If that happened to you, the instigator must be held responsible for their role in the accident.
Governmental Entities
It is rare, but sometimes government entities are responsible for an accident. For example, if the relevant government body failed to maintain roads, it can share liability. Potholes, missing street signs, faded road markings, and malfunctioning stop lights can increase the risk of accidents in that area. Suing the government will make the case considerably more complicated because of different procedures.
How Liability Is Determined
Now that we know who might share liability, we must understand how liability is determined. We use a comparative fault system in California, meaning multiple parties can be assigned a percentage of the liability. The compensation awarded to the victim will come from all the parties, divided by their liability.
You will provide comprehensive details to determine the parties that contributed to your accident. Your attorney will ask you to recount everything you remember about the crash, as well as your injuries, medical treatment, recovery, and the accident’s impact on your life.
Your attorney will then investigate to gather as much evidence as possible. Police reports, witness statements, maintenance records, driver logs, and “black box” data can provide key information about the accident. Once your legal representative feels confident in their evidence, negotiations for compensation can begin.
Damages You Can Recover After a Truck Accident
The damages you will be awarded depend on a variety of factors. The economic, physical, and psychological impact will be used to calculate fair monetary compensation for the accident. Some of the damages you may be awarded include:
- Medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Property damage
- Loss of enjoyment of life
- Punitive damages (in cases of gross negligence)
Take Action After a Truck Accident
Your life may be irrevocably altered if you’ve been involved in a truck accident. Pursuing compensation is vital to protect your future and lifelong financial security. To start the legal process of filing a claim, contact HHJ Trial Attorneys. Our expert team will represent you throughout your case. Whether it’s settled quickly or goes to court, we will fight for you every step of the way.
