Who Can Be Held Liable in a National City Truck Accident?
When truck accidents occur, they can have life-altering consequences. In the aftermath of an accident, victims may face significant financial burdens, including mounting medical bills, lost wages, and the emotional toll of long-term recovery.
Given the severity of truck accidents and the potential for catastrophic injuries, understanding who can be held responsible for your suffering and damages is key to securing justice. In many cases, liability doesn’t fall on just one party — multiple parties may share responsibility.
This article will explain who can be held liable for a truck accident and explore the legal options available to injured motorists and families of wrongful death victims.
The Truck Driver
Like all motorists, commercial vehicle drivers are expected to follow traffic laws, exercise caution, and drive responsibly. However, commercial truckers also require specialized training, and they are held to a higher standard than most motorists. Therefore, a truck driver is often the first party considered when determining liability in a truck accident.
When a driver’s actions or inactions directly cause a crash, he or she can be held responsible for the resulting injuries.
Some common forms of driver negligence include:
- Distracted driving: Truck drivers are subject to the same distractions as any other driver, such as texting, talking on the phone, or eating while driving. Truck drivers could also be distracted by onboard technology or dispatch calls.
- Driving under the influence (DUI): Truck drivers who operate their vehicles while under the influence of drugs or alcohol pose a significant danger on the road. California has strict commercial DUI laws, and truck drivers are held to an even higher standard because of the vehicle’s size and potential for catastrophic harm.
- Speeding: Exceeding speed limits, especially in bad weather conditions, heavy traffic, or construction zones, can contribute to a truck accident.
- Fatigue: Commercial vehicle drivers must follow strict hours-of-service regulations established by the Federal Motor Carrier Safety Administration (FMCSA) to prevent accidents caused by drowsy driving. California also has its own hours-of-service laws for intrastate truckers. When drivers exceed these limits or fail to take required breaks, fatigue can impair their ability to react to dangers, increasing the risk of a crash.
Trucking companies bear a tremendous responsibility for ensuring the safety of their operations and can be held liable for accidents caused by their employees. This is due to the principle of vicarious liability.
If a non-commercial driver of a rental truck is involved in an accident (for example, someone renting a truck for personal use), the terms of the rental agreement may specify the level of liability a renter assumes and the coverage provided.
Damages from an accident may be covered by the insurance policies of the parties involved, any additional coverage purchased from the rental company, or the liability policies of the company itself.
Trucking Companies
A trucking company may be liable for negligence in managing its fleet or failure to comply with state and federal regulations. Recent high-profile incidents underscore the severe impact of such negligence. Earlier this year, one California-based company with a history of previous violations faced scrutiny after a fatal crash involving a driver without a valid commercial license.
A trucking company can be held responsible for violations such as:
- Poor hiring practices: If a trucking company hires a driver with a poor driving record or fails to perform background checks, the company may be held liable if the driver causes an accident. Similarly, if a company fails to ensure drivers are properly licensed or qualified to operate commercial vehicles, this could be seen as contributing to the accident.
- Failure to train drivers: Truck drivers must be trained not only in how to operate their vehicles but also in following local safety regulations and recommended best practices. If the trucking company fails to properly train its drivers, this can lead to mistakes that cause accidents.
- Failure to maintain vehicles: If a truck involved in an accident was poorly maintained, with faulty brakes, tires, or other mechanical problems, the trucking company may be held liable for failing to comply with laws governing truck maintenance.
- Hours-of-service violations: Trucking companies must adhere to FMCSA regulations regarding driver hours of service. But what if a driver is pushed to drive longer than allowed under these rules, or a trucking company fails to monitor and enforce these limits? The employer may share responsibility for the crash.
When trucks are leased to a company, the terms of the lease may specify which party is responsible for vehicle maintenance and inspections and the details of insurance coverage.
The Truck Owner
In cases where the trucking company does not own the truck, liability may fall to the person or entity that owns the vehicle. If the truck is owned by an independent owner/operator, he or she may be responsible for the vehicle’s upkeep and suitability for the road.
Third-Party Contractors
Third-party contractors, such as the following, may share liability in a truck accident if their actions or inactions contribute to the cause of the accident.
Cargo loading companies
Sometimes, trucking companies work with cargo loading or shipping companies. They share a duty to ensure that freight is loaded safely and within the vehicle’s weight limits.
Improper loading of a truck’s cargo can have catastrophic consequences. If the cargo is not balanced or properly secured, it can shift during transport, causing the truck to tip over, lose control, or collide with other vehicles.
Maintenance providers
Many trucking companies outsource maintenance to third-party mechanics or repair shops. If mechanics or a maintenance company performs substandard repairs or overlooks an issue that later leads to an accident, they may be held liable for the crash.
Truck manufacturers
Trucks are highly complex machines with many different components, from the engine and brakes to the steering system and tires. If a design flaw or manufacturing error in any of these components causes the truck to malfunction and crash, the manufacturer can be held liable.
In such truck accident cases, injured parties would file a product liability claim against the manufacturer. To win a product liability case, the plaintiff must prove that the defect was present when the truck left the manufacturer’s possession and that the defect directly caused the accident.
Rights of Injured Truck Accident Victims
It is hard to estimate the full impact of an accident while at the scene. Some injuries take several days to weeks to appear.
Injuries can range from minor lacerations to serious injuries, including traumatic brain injuries, broken bones, and internal injuries. These injuries may require long-term medical treatment, rehabilitation, and sometimes permanent care.
Motorcyclists and bicyclists are especially vulnerable in truck accidents. Motorcyclists can suffer devastating injuries, such as spinal cord injuries, traumatic brain injuries, and even wrongful death.
In one recent year, over 140,000 emergency room visits occurred for pedestrians who were struck and injured in traffic accidents. Injured pedestrians may face severe injuries or death due to the massive size of commercial trucks.
Depending on the circumstances of your accident (for example, multiple parties involved in the accident), different legal approaches may be applicable.
Insurance claims
In many cases, you may seek compensation through insurance claims. California is an at-fault state, meaning the person or party responsible for the accident is typically required to pay for the damages.
The truck driver’s personal insurance and the trucking company’s commercial insurance policy may both come into play. However, insurance companies are known for trying to minimize payouts, so it’s crucial to have a skilled accident lawyer by your side to negotiate a fair settlement.
Personal injury lawsuits
If you were involved in a truck accident, you have the right to seek compensation through a personal injury lawsuit. California’s comparative negligence law allows you to recover damages even if you contributed to the accident.
Personal injury victims can file a lawsuit to seek compensation for damages such as:
- Medical expenses
- Lost wages
- Lost earning capacity
Understanding your legal options is key to securing fair compensation. A personal injury lawyer can help you navigate the complex legal process and fight for the compensation you deserve. Truck accident lawyers will carefully assess the evidence, including witness testimony and traffic laws, to determine liability and build a strong case for you.
Workers’ compensation
Are you a trucker who has been injured in an accident due to your employer’s actions? Workers’ compensation may cover your medical expenses and rehabilitation costs.
Under California law, employers must provide workers’ compensation insurance. Workers’ compensation can provide medical coverage, disability payments, and other benefits to employees injured on the job. However, workers’ compensation laws prevent employees from filing lawsuits against their employers for negligence — unless the employer’s actions were grossly negligent or malicious.
Navigating workers’ compensation claims can be daunting, especially when employers or third parties challenge your rights. For truckers involved in an accident while working, a skilled attorney can make all the difference in securing the support and legal protection you need.
If the truck accident was caused by the negligence of a party other than the employer — such as a third-party driver or manufacturer — then a personal injury claim can be filed.
Wrongful death claims
The devastating consequences of a truck accident can cause more than just severe injuries. In some tragic cases, a truck crash can result in the wrongful death of a loved one. If your family has lost someone due to a truck accident, it’s essential to understand your rights as a surviving family member.
Sadly, in just one recent year, there were 5,837 large trucks involved in a fatal accident. If your loved one lost his or her life in a trucking accident, you may be entitled to file a wrongful death claim on that person’s behalf. California wrongful death laws allow family members to pursue damages for funeral expenses, lost financial support, and other losses.
Seek the Justice You Deserve With Harker Injury Law
If you have been involved in a truck accident, the consequences of a truck crash can be devastating. However, determining who can be held liable in a National City truck accident is the first step toward getting the compensation you deserve.
With the right legal guidance from an experienced truck accident lawyer, you can seek compensation for medical bills, lost wages, and the pain you have suffered. You deserve to have your voice heard and your rights protected.
At Harker Injury Law, we are dedicated to helping injured parties get the best possible results from their personal injury cases. Our National City truck accident attorneys will walk you through every step of the process, advocating for your rights and fighting for the compensation you deserve. If you or someone you love has been involved in a truck accident, don’t hesitate to contact us to schedule a free consultation today.
