There were 436 deaths in truck accidents in California in 2022, according to the National Safety Council. Because trucks are much larger than other vehicles on the road, death or serious injury is much more likely when these vehicles are involved in a crash.
If you or someone you love is hurt or killed in a truck accident, it’s important you get compassionate and knowledgeable legal advice so you can understand your rights and fight for compensation for your losses.
The Encinitas truck accident lawyers at the Miller & Steele Law Firm have more than 70 years of combined experience, and we are ready to put our skills to work for you. Give us a call today at (760) 439-2210 to schedule your free consultation and see how we can represent you.
Who Can Be Held Legally Responsible for a Truck Accident in California?
California law makes drivers responsible for careless actions while operating a motor vehicle. In fact, California Civil Code Section 1714 states that “everyone is responsible,” for both “willful acts” as well as “an injury occasioned to another by their want of ordinary care or skill.”
Since truck drivers are specially trained and have commercial licenses, their failure to operate their vehicles safely can give rise to a negligence lawsuit if the plaintiff can prove their careless actions were the direct cause of a crash.
However, truckers may not be the only ones with a legal responsibility to compensate plaintiffs for damages. Their employers may be liable as well. That’s because, as Lathrop v. HealthCare Partners Medical Group (2004) 114 Cal.App.4th 1412 explains, “a principal or employer is vicariously liable for the acts of an agent or employee committed in the course of employment.”
This rule, called the doctrine of respondeat superior, says companies can be responsible for the negligence of on-duty staff members even if the company itself did nothing wrong. Since truck companies may have more insurance and more money available to pay for losses, victims will often want to pursue a claim against the business when possible.
The Encinitas personal injury attorneys at Miller & Steele Law Firm can help you identify all the possible parties you could hold accountable to maximize your chances of fully recovering all the losses you endured.
What Is The Statute of Limitations for a California Truck Accident Claim?
California law sets a time limit for pursuing a damage claim after a truck crash. Under California Code of Civil Procedure section 335.1, you have a period of two years from the time of the incident to pursue your case. Beyond that, your claim is time-barred and can’t move forward.
You don’t want to lose your opportunity to hold the negligent driver, or their employer, accountable when a large truck causes you harm so don’t wait until the deadline to get legal help and take action.
Get Help From An Encinitas Truck Accident Lawyer Today
Miller & Steele has represented clients in more than 100 jury trials and has also helped to negotiate settlements outside of court. We are not afraid to stand up to big insurers and large trucking companies to get you the compensation you need and deserve.
Contact us at (760) 439-2210 to speak with an Encinitas truck accident attorney today to find out what we can do for you.