Who’s considered liable in accidents involving big rigs and commercial trucks? In Los Angeles, California, these cases are treated differently from accidents between regular private vehicles. Discover everything you need to know about big rig accident liability in Los Angeles, including who can be held liable, establishing negligence on the part of the company, what evidence is required to prove liability, and info on possible compensation.

Why Big Rig & Commercial Truck Accidents Are Different

The first step in understanding commercial vehicle accident claims is to examine the differences between them and regular motor vehicle accidents. Of course, commercial truck accidents tend to be much more dangerous due to the sheer scale of the vehicle. Injuries are often more severe in these cases, so ensuing lawsuits typically seek higher compensation.

Who Can Be Held Liable in a Commercial Truck Accident?

The other key difference between regular collisions and commercial truck accidents is liability. To understand commercial truck accident liability, let’s look at all the possible parties who may potentially be liable:

• The driver of the truck: If the accident was caused by negligence or fault on the part of the driver, they can be held liable.
• The trucking company: The company that owns the truck may be held liable under the concept of “vicarious liability,” which holds companies responsible for accidents that occur while their employee is completing their duties.
• The truck manufacturer: If a mechanical failure caused the accident, the manufacturer of the truck could be held liable.
• Third-party maintenance workers: In accidents caused by mechanical failures, the people in charge of maintaining the truck may be liable.
• Cargo loaders or shippers: If the accident was caused by the shifting weight of improperly loaded cargo, the loaders, shippers, or handlers could be held liable.
• Government entities: If poor road conditions caused the truck accident, you may be able to hold local or state government liable.

Truck Driver Liability in Big Rig Accidents

When asking who is liable in a truck accident in California, your mind probably goes to the truck driver. These drivers have a legal responsibility to operate the vehicle safely and responsibly, which means obeying the rules of the road and avoiding dangerous behavior such as using a cell phone, speeding, reckless driving, driving under the influence, driving while fatigued, or violating Hours of Service regulations. They could also be held liable for failing to perform required vehicle inspections.

Trucking Company Liability and Negligence

Another key party who may be liable for your accident is the trucking company. If the accident occurred while the driver was actively on duty for the company, the company can be considered responsible through vicarious liability. Additionally, they can be held liable for other negligent practices, which may include:

• Overloading vehicles
• Improperly securing cargo
• Pressuring drivers to overwork themselves
• Failing to keep up with vehicle inspections and maintenance
• Hiring unqualified or poorly trained truck drivers
• Not enforcing safety protocols and Hours of Service rules

In many semi-truck accident lawsuits, plaintiffs will seek compensation from both the driver and the truck company, ensuring they receive the maximum compensation possible.

How Federal and California Trucking Laws Affect Liability

All commercial truck drivers in California are subject to both state traffic laws and the regulations of the Federal Motor Carrier Safety Administration, or FMCSA. These rules are meant to help reduce the risk of accidents involving commercial vehicles. Key regulations include requirements for truckers to:

• Have a valid commercial driver’s license.
• Be at least 21 years old (for interstate commerce).
• Operate the vehicle for no more than 8 hours without a 30-minute non-driving break.
• Operate the vehicle for no more than 11 hours before a 10-hour off-duty break.
• Inspect the truck, trailer, and other equipment daily before driving.
• Report and log any issues discovered during an inspection.
• Be subject to regular drug and alcohol testing.

In some cases, Los Angeles truck accident lawyers can uncover discrepancies in the driver’s adherence to these federal trucking regulations. Liability can be established if your lawyer can prove the driver violated any FMCSA rules.

Can Multiple Parties Share Liability in a Truck Accident?

It’s very common for truck accidents to have more than one liable party. Theoretically, a truck accident could be caused by an unsafe truck driver, a negligent company, an improperly loaded piece of cargo, and a bad pothole on the I-5, which means there could be four or more liable parties. Securing compensation in these cases becomes complex quickly, which means having a skilled Los Angeles big rig accident attorney by your side is essential.

Evidence Used to Prove Liability in Truck Accident Cases

Truck accident fault determination factors in evidence of all kinds, including tangible evidence like video recordings, witness statements, photos, and your police report. Another key piece of evidence is the truck’s data recorder, or ‘black box,’ which tracks the vehicle’s use. The data from this device can help prove that the driver used the vehicle for too long (proving fatigue and negligence), was speeding, or otherwise violated FMCSA rules, or it can be used to establish the California trucking company’s liability. Your attorney will also demand other records from the trucking company, including:

• Drug and alcohol testing results
• The truck driver’s safety record
• The driver’s license and qualifications
• Inspection and maintenance records of the vehicle
• Instructions from dispatch to the trucker
• Weigh station reports

What Compensation Is Available in Big Rig Accident Claims?

Now that we know what kinds of cases a truck accident attorney handles, what about compensation? Compensation varies for truck accidents, depending on the injuries and trauma you sustain and whether punitive damages are a possibility.

Deciding factors include economic damages for medical expenses, loss of earning capacity, rehabilitation and therapy, lost income, and property damage. There are also non-economic damages that compensate you for quality of life issues, including pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement or physical impairment. There are also other compensation avenues for punitive damages (in cases of severe negligence or recklessness) and wrongful death damages.

How the Law Offices of Jacob Emrani Help You Get the Compensation You Deserve

If you’ve been involved in a truck accident, you deserve a skilled, dedicated legal team to help you pursue the compensation you’re legally entitled to. The Law Offices of Jacob Emrani handle countless cases like these each year, and we’re here to stand up on your behalf and ensure you receive the maximum compensation possible. For more information or to discuss your case, contact us today.