Who Can Be Liable for a Semi-Truck Accident?
In a typical car accident case, liability or financial responsibility can be obvious. For example, one driver may have broken a traffic law such as speeding and caused the crash. A commercial truck accident case, on the other hand, is much more complex. Numerous parties share responsibility for the safety of the trucking industry. You may need a truck accident attorney in Los Angeles, CA to help you determine liability for your injuries and losses.
What Makes Semi-Truck Accident Cases Unique?
A standard car accident case only involves two motor vehicle drivers and their car insurance companies. A truck accident, by contrast, can involve parties such as trucking companies, truck owner/operators, truck drivers, cargo companies, maintenance crews, truck manufacturers, and various others. For this reason, liability for a truck accident can be difficult to determine.
In addition, trucking accidents can involve laws enforced by the Federal Motor Carrier Safety Administration regarding the safety of the truck and driver. If any of these rules are broken, this can serve as evidence of liability for a truck accident. A thorough investigation of the accident will be done to determine if anyone involved was in violation of a traffic law, trucking regulation or general duty of care.
Liable Parties in a Truck Accident Case in California
California is a fault-based state. This insurance law allows victims who are involved in traffic accidents to file claims against at-fault parties rather than seeking coverage from their own automobile insurance providers. If someone else is at fault for a truck accident, that individual or entity must pay for the crash.
A truck accident in California may involve many liable parties, including:
- The truck driver. Errors such as speeding, distracted driving, drowsy driving and driving under the influence can point to a truck driver’s liability for an accident. If the truck driver is an independent owner/operator, he or she could be held personally responsible.
- A trucking company. If an at-fault truck driver worked for a trucking company, the business could be held vicariously liable. Trucking companies can also absorb direct liability for their own mistakes, such as insufficient driver training or inadequate truck maintenance.
- Cargo loaders. If a truck accident involves cargo issues, such as an imbalanced truck or a lost cargo load, those responsible for loading, securing and inspecting the cargo could face liability.
Other possibilities include a truck part manufacturer, a third-party driver or a government agency. An investigation will be necessary to understand the cause of the crash. From there, an injured victim may be able to hold one or multiple parties accountable.
How Can a Truck Accident Attorney Help?
If you get into a traffic accident with a large truck, hiring a lawyer who specializes in this practice area can have numerous benefits. The right personal injury lawyer in Los Angeles will help you stand up against a trucking company and its insurance provider to fight for fair compensation for your losses. You can focus on healing while your lawyer takes care of complicated legal processes for you.
An experienced truck accident attorney can conduct a comprehensive investigation of your crash to identify all involved parties. Then, your lawyer can use his or her experience and trial capabilities to go up against one or multiple defendants on your behalf. A lawyer has the power to even the playing field between you and your adversaries during a truck accident claim.
To discuss a specific truck accident case with an attorney in California, contact Rose, Klein & Marias, LLP today for a free consultation.