In 2022, there were 436 fatalities involving large trucks in California, according to the National Safety Council. A large truck can be a menace on the road, causing death or serious injury, if the driver does not behave with the care and skill required to operate such a big vehicle safely.
Unfortunately, truck accidents are extremely dangerous, and drivers involved in accidents with trucks may experience catastrophic injuries or even death. If you or a loved one was hurt in an accident involving a large truck, you need to know your rights as you may be entitled to compensation for your losses.
An Oceanside truck accident lawyer at Miller & Steele Law Firm can offer help to victims by examining the evidence, determining if they have a claim, and working through the legal system to get justice. Give us a call today at (760)-439-2210 to learn more.
How To Determine Who Is At Fault For A Truck Accident
Truck drivers are specifically trained to operate their vehicles safely and are expected to behave with a reasonable level of care whenever they are on the road. If they don’t, their behavior has legal consequences.
“Everyone is 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,” according to California Civil Code Section 1714. If a truck driver behaves negligently and injures others, those harmed can pursue a personal injury claim with the help of an Oceanside personal injury attorney.
In many cases, though, the truck driver who actually behaved negligently behind the wheel isn’t necessarily the best plaintiff, nor is that driver the only one you can and should consider making a claim against. That’s because there’s a legal rule explained in Lathrop v. HealthCare Partners Medical Group (2004) 114 Cal.App.4th 1412 that could apply in these situations.
According to Lathrop, “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.”
Vicarious liability means that a company employing a trucker doesn’t have to be negligent in its own right — it’s responsible for the carelessness of its on-duty employees. Since companies that employ truckers may have more money and insurance, victims should seriously consider determining if this legal doctrine applies to their case and allows them to sue the trucker’s employer.
Making an Oceanside Truck Accident Claim
Under California Code of Civil Procedure section 335.1, you have just two years from the time of an injury to pursue a claim to recover compensation from those responsible for the harm. You shouldn’t hesitate to move forward with your case.
You should also know that under Li v. Yellow Cab Co., 532 P.2d 1226 (1975), California adopted a comparative fault rule. This rule means even if you were mostly to blame for a truck crash, the other driver can still be held partly liable and you can recover compensation based on how much blame they bear.
The amount of compensation that comes from a driver who is partly at fault is going to be reduced based on the percent of fault attributed to the victim according to California Civil Code Section 1431.2.
Get Help from Our Oceanside Truck Accident Lawyers At Miller & Steele Law Firm
An Oceanside truck accident lawyer at Miller & Steele Law Firm can offer you help and support as you pursue a claim to recover compensation for a truck crash. Give us a call or contact us today at (760)-439-2210 to learn how our compassionate and knowledgeable legal team can fight for you.