In 2022, 436 people died as a result of large-truck accidents in California, according to the National Safety Council. Large trucks can cause very serious accidents because of the force and momentum that comes from colliding with such a big vehicle.
This risk, combined with challenges in driving large trucks including a long braking time and many blind spots, is the reason why truck drivers require specialized training.
Unfortunately, not all truckers follow the rules of the road or behave in a safe and responsible way. When a truck driver doesn’t fulfill their duty of care and harms others, crash victims can take legal action. Miller & Steele can help.
Our Carlsbad truck accident lawyers will work with you to pursue a claim and get the compensation you deserve for the harm you endured. Give us a call or contact us at (760) 439-2210 to learn how we can put our 70+ years of collective experience to work on your case.
Why Do I Need a Truck Accident Lawyer?
Truck accidents are complex. These accidents may result in extensive damages and may involve multiple parties. You may be suffering from catastrophic injuries, uncertain about your financial future and how you can possibly afford your medical bills and make up for your lost income. When high stakes are involved, powerful companies and insurance companies will try to blame others for your injuries and minimize the value of your claim.
You need a strong legal advocate in your corner who has obtained more than $300 million for their clients. You need Miller & Steele. When you hire our law firm, we can:
- Explain your legal rights and options during a free, no-obligation consultation
- Investigate how the accident happened and who is at fault
- Review all insurance policies that apply to the case
- Gather and preserve critical evidence to support your case
- Compile information about the full extent of your injuries
- Contact insurance companies and others on your behalf
- Negotiate for maximum compensation
If necessary, we can take your case to court to fight for the financial compensation you deserve.
What Injuries Do Truck Accident Victims Suffer?
Commercial trucks can weigh 20 times the size of an average passenger vehicle. This means that when they collide, the occupants in the passenger vehicle are much more likely to suffer serious injuries such as:
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Amputations
- Neck and back injuries
- Fractures
- Soft tissue injuries
- Psychological injuries
These injuries can be expensive to treat, but an experienced truck accident attorney can pursue the compensation you are due from the party or parties responsible for your injuries.
Who Can Be Held Legally Liable For Causing A Truck Accident?
One of the factors that makes truck accident cases more complicated than other types of motor vehicle accidents is that multiple parties may be to blame for them.
California Civil Code Section 1714 makes everyone responsible “not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
This means a truck driver who doesn’t exercise reasonable care when operating their vehicle could be liable for losses they cause. Truckers aren’t the only ones that you could pursue a claim against, though. There are rules in California that allow you to pursue a claim against the company employing the driver.
As Lathrop v. HealthCare Partners Medical Group (2004) 114 Cal.App.4th 1412 explains, “under the common law doctrine of respondeat superior, a principal or employer is vicariously liable for the acts of an agent or employee committed in the course of employment.”
This means if a trucker is performing work duties for an employer and is negligent, the employer can be sued with the help of a Carlsbad personal injury attorney and required to pay damages to victims. Since companies that employ truckers often have more insurance and deeper pockets than individual drivers, it’s important for victims to identify all of the potential parties who could be required to cover their losses.
Other parties may be liable for truck accidents, too. For example, many trucking companies outsource maintenance and inspections to third parties. If these companies perform work negligently, they can be held liable when accidents involve these factors. Cargo loading companies that do not properly load trucks or overload them can be held responsible in accidents involving cargo shifts or cargo that falls off the truck. If the truck had defects, the manufacturer of a defective truck or auto part can be potentially liable for the truck accident.
Federal Trucking Regulations
Truck accidents are complex because they may involve federal trucking regulations. It is important that you work with a truck accident lawyer who is knowledgeable about these laws and how they may impact your claim. Depending on the circumstances, this could include:
- Hours of service rules if the truck driver worked beyond the legal limits
- Inspection rules if the truck accident occurred because of negligent maintenance
- Hiring practices if the trucking company hired a driver who was unqualified or had a dangerous history
- Drug and alcohol testing rules if the accident involved an impaired driver
- Tie-down rules for securing cargo in cases involving a loose load
Filing A Truck Accident Claim In California
If you wish to pursue a claim for a truck crash, you have a period of two years from the incident in which to do so. That’s because California Code of Civil Procedure section 335.1 sets a two-year statute of limitations for actions resulting from “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
You will need to prove the driver was negligent, the negligence was the direct cause of harm, and you experienced damages you can be compensated for as a result, as the Judicial Council of California Civil Jury Instructions explains in CACI No. 400.
Let Our Carlsbad Truck Accident Lawyers Help You File Your Claim
Miller & Steele can help you to gather the necessary evidence to make a strong case. We’ll work with you from the start of your case until it’s resolved through a settlement or jury trial and we won’t rest until we help you recover the compensation you both need and deserve when a trucker causes you harm.
Give us a call today at (760) 439-2210 to find out how our Carlsbad truck accident lawyers can advocate for you.