Trucks play a vital role in the U.S. economy, transporting goods across the state and across the nation.
Unfortunately, these large vehicles also present a risk to others on the road. With their need for longer braking time, large size, and increased number of blind spots, trucks have an elevated risk of becoming involved in a serious collision. In fact, 436 people lost their lives to large truck crashes in 2022 in California, according to the National Safety Council, and thousands more were injured.
If you or someone you love was hurt or killed in a crash, an Escondido truck accident lawyer at Miller & Steele Law Firm can help. We have more than 70 years of combined experience so we’re prepared to tackle the complicated issues that arise in these types of collisions. Give us a call or contact us at (760) 439-2210 today to schedule a free consultation and find out how we can help you.
Who Can Be Held Liable for an Escondido Truck Accident?
Under California Civil Code Section 1714, truckers — and everyone else — 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 or person.”
If a truck driver is unreasonably careless or negligent in the way they operate the vehicle, this gives rise to legal liability.
However, while crash victims can pursue a claim directly against a careless truck driver, they may also consider seeking compensation from the company employing the trucker. These companies may have much more insurance and much more money available to ensure the crash victim is fairly and fully compensated.
Trucking companies or businesses that employ truckers to transport their goods do not have to be negligent in order to be held accountable for the harm resulting from a collision. 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 causes you harm while doing their job, you can take action against the business that hired them to be on the road at the time of the incident.
What Makes Truck Accidents More Complicated
Truck accident claims are much more complicated than other types of motor vehicle claims for the following reasons:
- Multiple parties may be to blame – As explained above, various parties may be responsible for an accident, including the truck driver, trucking company, cargo loading company, mechanic, or manufacturer. This can complicate the case because parties may try to shift the blame to others. If insurance companies deny claims, it may be necessary to file a lawsuit, further complicating matters.
- Extensive damages are involved – Insurance companies will also fight harder to avoid paying on cases that involve extensive damages. Because truck accidents can cause serious or fatal injuries to multiple victims, insurance companies may try to deny the claim or claim that medical treatments associated with the accident were not necessary.
- State and federal regulations may be involved – In a typical car accident case, parties can look to the rules of the road to see which driver erred in causing the accident. The trucking industry is heavily regulated, so complex rules may be involved that you may not be aware of, such as hours of service rules or securement rules. If the truck driver or company violated these rules, they may be responsible for the resulting damages. You may not be aware of the factors that contributed to the accident until an investigation is conducted.
- Extensive investigations may be necessary – After a truck accident, the trucking company often sends a response team to clean up the wreck. Valuable evidence can be lost in this process. An experienced truck accident attorney can conduct an independent investigation to determine how the accident happened and take prompt steps to preserve evidence.
What Compensation Can I Recover in a Truck Accident Claim?
Commercial trucks weigh up to 80,000 pounds, so when they collide with much smaller passenger vehicles, which might weigh 4,000 pounds, the occupants in the smaller vehicle often sustain serious injuries. Personal injury law focuses on placing accident victims in the position they would have been in had the accident not occurred. This is primarily achieved by awarding financial compensation for the damages they sustained, which might include money for:
- Medical expenses – You can seek compensation for your emergency treatment, ambulance rides, specialist visits, diagnostic tests, hospital stays, and medical procedures connected to the accident.
- Future medical expenses – Compensation may also include money for future medical procedures that are due to the accident and reasonably necessary. It can also include payment for ongoing rehabilitation and therapy.
- Loss of income – You can seek compensation for your lost wages, tips, commissions, bonuses, employment benefits, and other earnings caused by the accident.
- Reduced earning capacity – With the help of an economic expert, you may be able to prove the difference between your pre- and post-accident earning capacity and seek compensation for it.
- Property damage – You have the right to have your vehicle repaired or replaced when someone else’s negligence is responsible for the accident.
- Pain and suffering – You can pursue compensation for your physical and emotional pain and suffering.
- Loss of enjoyment of life – If your injuries prevent you from enjoying favorite pastimes or harm your relationship with loved ones, you can pursue financial compensation for these losses.
Let our experienced legal team fight for your right to fair recovery.
Statute of Limitations for an Escondido Truck Accident Claim
You must take action within a set period of time to pursue a personal injury claim and get compensation. Under California Code of Civil Procedure section 335.1, you have two years. This deadline is called the statute of limitations and your claim will be time-barred or prohibited from being brought forward if you delay beyond the allotted time.
Let Our Escondido Truck Accident Lawyers Help You Get Justice
Miller & Steele can help you determine who to pursue a claim against and will help you gather the necessary evidence to hold the truck driver and their employer accountable for any losses you endured. Contact us at (760) 439-2210 today to schedule your free consultation and learn more about how our advocacy can help you get the money you deserve.