The driver is often at fault and liable for damages in a truck accident, but a truck accident attorney can help you get compensated even if another person or entity contributed to an incident. Regardless of who causes them, truck accidents often involve devastating injuries and fatalities. Big rigs, semi trucks, and 18-wheelers are common on California roads and there are many reasons they cause accidents. If you or a loved one was injured in a truck accident, or worse, a personal injury attorney can obtain fair compensation no matter who was at fault.
Common Accident Causes Involving Driver Fault
In many truck accident cases, the driver is at fault. A truck injury lawyer will evaluate the facts of the accident to determine if these driver-related causes were factors or not:
- Aggressive Driving: Speeding, cutting off other vehicles, disobeying road signs, tailgating, failure to yield, and improper lane changes are types of aggressive driving that can put others in danger.
- Driving Under the Influence: Truck drivers are prohibited from driving under the influence of drugs or alcohol, as is any driver. Some medications can also impair a trucker’s reaction times, decision-making skills, and coordination.
- Fatigue: Some truckers drive for longer hours than regulations permit; some trucking companies pressure drivers to work more hours than allowed. A lack of rest can lead to fatigue, drowsiness, slow reaction times, and poor judgment.
- Distracted Driving: Talking on a cell phone, texting, and engaging in any other activity that takes attention away from driving are illegal in California. Distracted driving causes far too many accidents.
- Weather Conditions: Heavy rain, snow, fog, and other adverse weather conditions require a truck driver to slow down and take other steps to compensate for reduced visibility and decreased vehicle traction.
Depending on the circumstances of an accident, your attorney can claim the truck driver was at fault for the crash. However, not every incident is caused by the driver.
What If The Driver Wasn’t At Fault
Your truck accident attorney can still file a lawsuit if the driver wasn’t at fault for the crash or was only partially at fault. They can obtain compensation through other means. For example, they can file a claim against the trucking company in cases involving:
- Poor Driver Training: Trucking companies are responsible for providing their drivers with adequate training. Each driver must have a commercial driver’s license (CDL). The operator of a training program, whether it’s a trucking company or another organization, is responsible for ensuring drivers get the experience they need.
- Unsafe Storage of Materials: If a truck is loaded improperly, an unequal distribution of weight within the vehicle can cause it to swerve or tip over. This can lead to a crash with a car, object, or person regardless of the driver’s competency. Items should be stored such that they can’t shift around.
- Improper Truck Maintenance: Unless the trucker owns the vehicle, they aren’t usually responsible for maintaining the vehicle. An employee may not even have access to a truck’s maintenance records. This means they may unknowingly drive a vehicle that’s not ready for the road.
The trucking company is legally responsible for equipment failures due to a lack of maintenance. However, a manufacturer may be liable if a defective part caused the accident or a mechanic may be liable for any errors or omissions while servicing the vehicle.
To sue a trucking company, you must report the accident immediately. The company will then assign the claim to a representative, open an investigation, and collect evidence from the scene. Truck accident lawyers also advise their clients to take photos, videos, and notes. They should also make observations about the driver’s behavior and take information on their insurance, driver’s license, and registration.
It’s also important to seek medical attention as soon as possible. This ensures your injuries are treated properly and fully documented.
Is the Driver an Employee of the Trucking Company?
Another step in determining liability is to know whether the driver was an employee of the company. If so, the company may be liable if the accident occurred under the scope of the driver’s employment. However, some companies classify drivers as independent contractors, which can make assigning liability complicated depending on the driver’s conduct, their employment agreement, and how the accident occurred.
Is It Difficult to Sue a Trucking Company in California?
You typically have a deadline of two years from the date of an accident to file a lawsuit. The duration of a lawsuit varies with each case. Some cases are resolved within months, but complicating factors such as multiple parties being at fault, an insurance company not cooperating, or the case going to trial can extend the process even longer.
Trucking companies often prefer to settle out of court. A truck accident lawyer can determine how much to demand and negotiate with the insurance provider to maximize the value of your settlement. They can even fight for a fair settlement if you and/or the truck driver were partially at fault for an accident.
Suing a Local Agency for Poor Road Conditions
Filing a lawsuit against a city or county government agency may be an option if any of the following contributed to an accident:
- Potholes
- Uneven surfaces
- Poor/missing signage
- Lack of markings
- Defective traffic signals
- Poor drainage
- Obstacles on the road
If you think the accident caused personal injury or death, your attorney can help you file a claim directly with the California Department of Transportation (Caltrans). Claims must be filed within one year of the accident, using the appropriate forms as indicated by the agency. Filing a claim with most other government agencies must be done within six months of the incident.
Therefore, the driver doesn’t have to be at fault for your attorney to file a lawsuit and obtain compensation for your injuries, property damage, or losses.
Contact The Law Offices of Jacob Emrani
If you’ve been injured in a truck accident, the trucking accident lawyers at The Law Offices of Jacob Emrani can help get the compensation you need and deserve. The at-fault party may be the truck driver, the trucking company, a government agency, a vehicle parts manufacturer, or a mechanic. Speak to a truck accident attorney to discuss the circumstances of the incident and see how much your case might be worth. Your initial consultation is free and we don’t get paid unless we win. Call (888) 952-2952 to get started.
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