There were 436 fatalities in large-truck accidents in California in 2022, and many more people were injured. With trucks allowed to have a maximum total weight of up to 80,000 pounds in California, it shouldn’t come as a surprise that accidents involving these very large vehicles can have dire consequences.
If you or someone you love was hurt in a collision with a truck, you have rights. A Vista truck accident attorney at Miller & Steele Law Firm will work with you to enforce them. For decades, our firm has fought for the rights of victims, recovering millions in out-of-court settlements and in more than 100 jury trials.
Our personal injury attorneys in Vista have the compassion and knowledge you need to fight for you, so give us a call at (760) 439-2210 today to learn more.
How Can a Vista Truck Accident Lawyer Help Me After a Crash?
Truck accidents can have a devastating effect on victims and their families. You may be struggling with painful injuries, coordinating your medical care, and tending to your normal responsibilities. Facing a powerful trucking company on your own can be an intimidating prospect.
An experienced Vista car accident lawyer can help level the playing field. Trucking companies often have teams they rapidly deploy after an accident to protect their interests. These teams can gather critical evidence that can help establish how the crash occurred, but you need an attorney who can obtain it. Your lawyer can launch their own investigation and take steps to preserve valuable evidence, including sending spoliation of evidence letters to the trucking company, instructing them not to dispose of or destroy certain evidence.
Insurance companies may try to deny your claim, blame you for the accident, or offer you a lowball settlement to dispose of your claim. Your attorney can handle communications with the insurance company and demand the financial compensation you are due. If your case must go to court, your attorney can file the necessary paperwork, conduct discovery to build your case, and represent you every step of the way.
You can learn more about how our dedicated legal team can help when you call the Miller & Steele Law Firm for a free case review.
Common Causes of Truck Crashes
The trucking industry is a highly competitive one that often imposes unrealistic delivery deadlines on its drivers. Trucking companies may encourage their drivers to break hours of service rules or other safety regulations in the interest of maximizing their profits. Then, when a crash does occur, they try to blame others for the accident.
Some of the leading causes of commercial truck accidents include:
- Speeding to complete deliveries faster
- Driver fatigue, caused by working too many hours without taking breaks
- Driver inexperience due to hiring unqualified drivers who don’t know how to properly handle these trucks or respond in an emergency
- Distracted driving caused by cell phones, dispatch radios, infotainment systems, or other stimuli
- Aggressive driving in the interest of intimidating other motorists so they can clear the road and drivers can make their deliveries faster
- Mechanical defects, including trucks or truck parts
- Negligent maintenance caused when trucking companies or drivers skip inspections or fail to properly maintain their fleet
These causes can contribute to serious truck accidents.
Potential Truck Accident Injuries
Because of the difference in the size and weight of a passenger vehicle and a commercial truck, truck accidents tend to result in severe injuries.
- Traumatic head injuries
- Spinal cord injuries, including paralysis, herniated discs, and ruptured discs
- Fractured or dislocated bones
- Amputations
- Severe burns
- Disfiguring injuries and scars
- Psychological injuries, such as PTSD
These injuries can be life-altering. Truck accident victims may require a lifetime of care and have permanent disabilities that prevent them from ever working again. An experienced truck accident lawyer can identify who is responsible for your injuries nad pursue a legal claim against them.
Who Can Be Held Responsible for a Vista Truck Accident?
Truck drivers typically must have a commercial license and are expected to follow the rules of the road and exhibit reasonable care while driving.
When they don’t exercise the care they should and someone is harmed as a result, California Civil Code Section 1714 makes clear that they are 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 ”
If you can prove a truck driver’s negligence was the direct cause of harm, you should be able to make a claim against the driver. There are also others you could pursue a case against too, though, and doing so might give you a better chance of full recovery.
A truck driver may have limited assets and limited insurance, which together won’t cover the extent of your losses. If the driver worked for any company, then a legal doctrine called respondeat superior could make the company responsible for losses.
Lathrop v. HealthCare Partners Medical Group (2004) 114 Cal.App.4th 1412 states that “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 that regardless of whether the company employing the driver was negligent or directly did anything wrong, they can and must pay for the negligence of their employee who caused harm while on the job. This is important because if the company has more financial resources to pay your claim, you have a better chance of fully recovering for:
- Medical expenses and future care costs arising from truck injuries
- Lost wages if you missed any work or must work for reduced pay in the future due to your injuries
- Pain and suffering
- Emotional distress
You don’t want to leave money on the table that you should receive after enduring a truck crash and the injuries that resulted.
Call Miller & Steele Law Firm To Speak With A Vista Truck Accident Lawyer
Miller & Steele Law Firm is passionate about helping crash victims to get justice. Give our Vista truck accident lawyer a call at (760) 439-2210 or contact us to learn more about the assistance our Vista personal injury attorneys can offer as you navigate your case and fight for the right to be “made whole” from the loss you endured.